§17-676-91 - Income excluded by law.

§17-676-91 Income excluded by law.

         Any income that is specifically excluded by any other federal statute from consideration as income for the purpose of determining eligibility for the food stamp program shall be considered as an excluded income. The following types of income shall be excluded by law:

         (1) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (42 U.S.C. §§4601-4655);).

         (2) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. §1620);

         (3) Any payment to volunteers under Title II of the Domestic Volunteer Service Act of 1973 (Retired Senior Volunteer Program, Foster Grandparents Program, Older Americans Community Service Programs, and others) (42 U.S.C. §§5001-5023) and under the Small Business Act (Service Corps of Retired Executives, and Active Corps of Executives) (15 U.S.C. §637);

         (4) Payments to individuals participating in the Senior Community Service Employment Program (SCSEP) funded under Title V of the Older Americans Act of 1965 (Pub. L. No. 100-175);

         (5) Payments to volunteers under Title I of the Domestic Volunteer Services Act of 1973 (VISTA, University Year for Action, and Urban Crime Prevention Program) shall be excluded for those individuals receiving food stamps or financial assistance at the time the individuals joined the Title I program (42 U.S.C. §§4951-4958). Households receiving an exclusion for VISTA or other

         Title I subsistence allowance at the time of conversion to the Food Stamp Act of 1977 (7 U.S.C. §§2011-2027) shall continue to

         receive an income exclusion for VISTA for the length of the households' volunteer contract in effect at the time of conversion. Temporary interruptions in food stamp participation shall not alter the exclusion once an initial determination is made. For example, if an individual who is receiving food stamps subsequently joins VISTA and temporarily becomes ineligible for assistance because the individual is away for VISTA training, when the individual reapplies, the VISTA income shall be excluded because the VISTA volunteer was receiving food stamps at the time the person joined VISTA. New applicants who are not receiving financial assistance or food stamps at the time they joined VISTA, shall have the subsistence allowance included as earned income;

         (6) Income derived from certain submarginal land of the United States which is held in trust for certain Indian tribes (25 U.S.C. §459);

         (7) Payments received from the youth incentive entitlement pilot projects (29 U.S.C. §§894-898), the youth community conservation and improvement projects (29 U.S.C. §§899-906), and the youth employment and training programs (29 U.S.C. §§907-915) under the Title IV of the Comprehensive Employment and Training Act Amendments of 1978;

         (8) Payments or allowances made for the purpose of energy assistance under any federal law, including utility reimbursements made by the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA);

         (9) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. No. 94-540);

         (10) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation (12 U.S.C. §2075);

         (11) Payments to the Passamaquoddy Tribe and the Penobscott Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. §1724);

         (12) Allowances and payments to participants in programs, other than on-the-job training,under the Workforce Investment Act (WIA) of 1998;

         (13) Payments of relocation assistance to members of the Navajo and Hopi (25 U.S.C. §640d-640d-28);

         (14) The earned income of individuals participating in on-the-job training programs under the Workforce Investment Act (WIA) of 1998 who are between eighteen and nineteen years of age and under the parental control of another household member;

         (15) Earned income tax credit (EITC) payments received either as a lump sum or payments under section 3507 of the Internal Revenue Code of 1986 (relating to advance payment of earned income tax credits received as part of the paycheck or as a reduction in taxes that otherwise would have been paid at the end of the year);

         (16) Payments made from the Agent Orange Settlement Fund or any other fund established in connection with settling liability claims concerning the chemical agent orange (Pub. L. No. 101-201);

         (17) Child care assistance payments funded under Title IV-A of the Social Security Act, such as the transitional child care (TCC) payments made under the job opportunities and basic skills (JOBS) training program;

         (18) Assistance payments issued as a result of a declared federal major disaster or emergency from the federal emergency management agency (FEMA), and other comparable disaster assistance payments provided by any state or local governmental agency, and disaster assistance organizations;

         (19) Restitution payments provided under the Civil Liberties Act of 1988, Title I of Pub. L. No. 100-383, and the Aleutian and Pribil of Islands Restitution Act, Title II of Pub. L. No. 100-383 made to U. S.citizens of Japanese ancestry and permanent resident Japanese aliens or their survivors and Aleut residents of the Pribilof Islands and the Aleutian Islands West of Unimak Island;

         (20) "At-risk" block grant child care payments authorized under section 5801 of Pub. L. No. 101-508, which amended section 401(i) of the Social Security Act, and child care payments issued under the Child Care and Development Block Grant Act of 1990 as amended in section 8 of Pub. L. No. 102-586;

         (21) All public and privately funded educational loans, grants, or scholarships, including veteran's educational benefits;

         (22) Income of an SSI recipient necessary for the fulfillment of a plan for achieving self-support (PASS) which has been approved under sections 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act. This income may be spent in accordance with an approved PASS or deposited into a PASS savings account for future use;

         (23) Payments made to a victim of a crime by the Criminal Injuries Compensation Commission (Section 1403 of the Victims of Crime Act of 1984, as amended by Pub. L. 103-322); and

         (24) Any additional payment received by or from a member of the United States Armed Forces deployed to a designated combat zone, provided the additional pay:

         (A) Is the result of deployment to or services in a combat zone; and

         (B) Was not received immediately prior to serving in a combat zone.

        [Eff 3/19/93; am 2/07/94; am 12/9/94; am 10/16/95; am 01/22/02; am and comp 11/09/06; am 11/22/08 ] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.9(c))

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