The county agency shall exclude any income that is specifically excluded by any
other federal statute from consideration as income for the purpose of
determining eligibility for SNAP. The following is a listing of some of the
incomes excluded by federal statute. The listing is divided into general income
exclusions and exclusions applicable to incomes of American Indians or Alaska
natives.
(1) General exclusions
(a) Income of a supplemental security income
(SSI) recipient determined necessary for the fulfillment of a plan for
achieving self-support (PASS) that has been approved under section
1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social Security Act of 1935.
This income may be spent in accordance with an approved PASS or deposited into
a PASS savings account for future use.
(b) Federal emergency management assistance
housing subsidies to pay for temporary housing required as a result of a
disaster and individual and family grant assistance payments made under the
Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as
amended in 1988 by Pub. L. No. 100-707, (11/1988).
(c) Assistance provided to children under the
school lunch program, the summer food service program for children, the
commodity distribution program and child and adult care food program (CACFP),
Pub. L. No. 79-396, (06/1946), section 12(e) of the National School Lunch Act
of 1946, as amended by
section 9(d) of Pub. L. No.
94-105, (10/1975)
, as amended by
Pub. L. No.
116-94(12/2019).
(d) Assistance provided to children under the
special milk program, special supplemental food program for women, infants, and
children (WIC) and the school breakfast program, Pub. L. No. 89-642, (10/1966),
the Child Nutrition Act of 1966, section 11(b).
(e) Reimbursements from the Uniform
Relocation Assistance and Real Property Acquisition Policy Act of 1970, Pub. L.
No. 91-646,
section
216
(2/1971)
(1/1971).
(f)Pub. L. No. 93-113, (10/1973), the
Domestic Volunteer Services Act of 1973, Titles I and II. Payments under Title
I of the act (including such Title I programs as volunteers in service to
americorps (VISTA), university year for action, and urban crime prevention
program) to volunteers shall be excluded for those individuals receiving SNAP
or public assistance at the time they joined the Title I program, except
assistance groups that were receiving an income exclusion for a VISTA or other
Title I subsistence allowance at the time of conversion to the Food and
Nutrition Act
of 2008 shall continue to receive
an income exclusion for VISTA for the length of their volunteer contract in
effect at the time of conversion.
Temporary interruptions in SNAP participation shall not alter
the exclusion once an initial determination has been made. New applicants who
were not receiving public assistance or SNAP at the time they joined VISTA
shall have these volunteer payments included as earned income. Any payment to
volunteers under Title II (retired senior volunteer program, foster
grandparents, senior companion program and others) are excluded from
income.
(g) Payments
received under section 312(d), the Disaster Relief Act of 1974, Pub. L. No.
93-288, (5/1974), as amended by section 105(i), the Disaster Relief and
Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988).
Payments precipitated by an emergency or major disaster as defined in this act,
as amended, are not counted as income for SNAP purposes. This exclusion applies
to federal assistance provided to persons directly affected and to comparable
disaster assistance provided by states, local governments, and disaster
assistance organizations. A "major disaster" is any natural catastrophe such as
a hurricane or drought, or, regardless of cause, any fire, flood, or explosion,
that the president of the United States determines causes damage of sufficient
severity and magnitude to warrant major disaster assistance to supplement the
efforts and available resources of states, local governments, and disaster
relief organizations in alleviating the damage, loss, hardship, or suffering
caused thereby. An "emergency" is any occasion or instance that the president
of the United States determines that federal assistance is needed to supplant
state and local efforts and capabilities to save lives and to protect property
and public health and safety, or to lessen or avert the threat of a
catastrophe. Most, but not all, federal emergency management assistance funds
are excluded. For example, some payments made to homeless people to pay for
rent, mortgage, food, and utility assistance when there is no major disaster or
emergency is not excluded under this provision.
(h) Payments 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, Pub. L. No. 100-383, (8/1988), section 105(f)(2), wartime relocation of
civilians, the Civil Liberties Act of 1988.
(i) Income received (including
reimbursements) by individuals participating in programs under the Workforce
Investment Act (WIA) of 1998, section 181(a)(2),
as
amended by Pub. L. No.
113-128, the Workforce Innovation and Opportunity
Act (WIOA), (7/2014) except as provided in rule
5101:4-4-19 of the
Administrative Code. This includes disaster relief employment income received
from national emergency grants under the WIA,
Pub. L. No.
105-220, (8/1998) section 181(a)(2)
, as amended by
Pub. L. No.
113-128, the Workforce Innovation and Opportunity
Act (WIOA), (7/2014).
(j) Any
amount by which the basic pay of an individual is reduced and reverted to the
treasury shall not be considered to have been received by or to be within the
control of such individual, Pub. L. No. 99-576,
(8/1986)
(10/1986)
section 303(a)(1), Veteran's Benefits Improvement and Health Care Authorization
Act of 1986, that amends section 1411(b) and 1412(c) of the Veteran's
Educational Act of 1984 - GI bill.
(k) Funds received by persons fifty-five and
older under the senior community service employment program under Title V of
the Older Americans Act of 1987 are excluded from income,
Pub. L. No.
109-365, (10/2006). The organizations that receive
some Title V funds are as follows: experience works; national council on aging;
national council of senior citizens; American association of retired persons;
United States forest service; national association for Spanish speaking
elderly; national urban league; and the national council on black
aging.
(l) Cash donations based on
need received on or after February 1, 1988 from one or more private nonprofit
charitable organizations, but not to exceed three hundred dollars in a federal
fiscal year quarter. Charitable Assistance and Food Bank Act of 1987, Pub. L.
No. 100-232, (1/1988).
(m) SNAP
benefits that may be exchanged for food at farmers' markets under WIC
demonstration projects, Pub. L. No. 100-435, (9/1988) section 501, that amended
section 17(m)(7) of the Child Nutrition Act of 1966.
(n) Payments made from the Agent Orange
settlement fund,
Pub. L.
No. 101-201, (12/1989), or any other fund
established pursuant to the settlement in the Agent Orange product liability
litigation, M.D.L. No. 381 (E.D.N.Y.)(1/1989) that are received on or after
January 1, 1989. The disabled veteran will receive yearly payments. Survivors
of deceased disabled veterans will receive a lump-sum payment. These payments
were disbursed by aetna insurance company. The Omnibus Budget Reconciliation
Act of 1989,
Pub. L. No.
101-239, (12/1989), also excludes these payments.
Pub. L. No.
102-4, (2/1991), Agent Orange Act of 1991,
authorized
veterans'
veteran's benefits to some veterans with
service-connected disabilities resulting from exposure to Agent Orange. These
VA payments are not excluded by law.
(o) Payments made under the Radiation
Exposure Compensation Act,
Pub. L. No. 101-426, (10/1990)
section 6(h)(2), as amended by
Pub. L. No.
106-245(7/2000).
(p) The Omnibus Budget Reconciliation Act of
1990, Title XI revenue provisions, section 11111, modifications of earned
income tax credit, subsection (b) provides that any federal earned income tax
credit shall not be treated as income effective with taxable years beginning
after December 31, 1990,
Pub. L. No. 101-508,
(11/1990).
(q)
Pub. L. No.
101-610, (11/1990), National and Community Service
Act (NCSA) of 1990, section 177(d), applies to projects conducted under Title I
of the NCSA. Title I includes three acts:
(i)
Serve-America: the Community Service, Schools and Service-Learning Act of 1990,
(ii) the American Conservation and
Youth Service Corps Act of 1990, and
(iii) the National and Community Service Act.
There are about forty-seven different NCSA programs, and they
vary by state. Most of the payments are made as a weekly stipend or for
educational assistance. The higher education service-learning program and the
americorps umbrella program come under this title. The national civilian
community corps (NCCC) is a federally managed americorps program. The summer
for safety program is an americorps program; under which participants earn a
stipend and a one thousand-dollar postservice educational award. The Serve
America Act, Pub. L. No.
111-13, (4/2009), amended the National and
Community Services Act of 1990 but it did not change the exclusion. All
americorps payments shall be excluded.
(r) All student financial assistance,
including grants, scholarships, fellowships, educational loans on which payment
is deferred, work study,
veterans'
veteran's educational benefits, and the like, that are
awarded to an assistance group member enrolled at a recognized institution of
postsecondary education, at a school for the handicapped, in a vocational
education program, in a vocational or technical school, or in a program that
provides for obtaining a secondary school diploma or the equivalent of a
secondary school diploma shall be excluded from consideration as income for
SNAP purposes.
Educational income excluded for dependent care costs shall not
be deducted from income under the provisions of rule
5101:4-4-23 of the
Administrative Code. Dependent care costs incurred that exceed the amount
excluded under the provisions of this paragraph shall be deducted from income
in accordance with rule
5101:4-4-23 of the
Administrative Code.
(s)
Payments made under the youthbuild program under the Housing and Community
Development Act of 1992,
Pub. L. No. 102-550, (10/1992).
The youthbuild program transferred from the United States department of housing
and urban development to the department of labor with the passage of the
Youthbuild Transfer Act of 2006,
Pub. L. No.
109-281, (9/2006), that amended the Workforce
Innovation and Opportunity Act (WIOA) of 1998. These payments are to be treated
like WIOA payments in accordance with paragraph (C)(1)(i) of this rule, except
as provided in rule
5101:4-4-19 of the
Administrative Code.
(t) Payments
from any child care provided or arranged (or any amount received as payment for
such care or reimbursement for costs incurred for such care),
Pub. L. No.
102-586, (11/1992) section 8, that amended the
Child Care and Development Block Grant Act Amendments of 1992 by adding section
658S.
(u) Payments made to
individuals because of their status as victims of Nazi persecution,
Pub. L. No.
103-286, (8/1994).
(v)
Pub. L. No.
103-322, (9/1994) section 230202, amended section
1403 of the Crime Act of 1984 (42 U.S.C.
10602) to provide in
part that, "(e) Notwithstanding any other law, when the compensation paid by an
eligible crime victim compensation program would cover costs that a federal
program, or a federally financed state or local program, would otherwise pay,
(i) such crime victim compensation program shall not pay that compensation; and
(ii) the other program shall make its payments without regard to the existence
of the crime victim compensation program." Based on this language, payments
received under this program shall be excluded from income for SNAP
purposes.
(w) Notwithstanding any
other provision of law, the allowance paid under
Pub. L. No.
104-204, (9/1996) section 1805(d), as amended by
Pub. L. No.
106-419, (11/2000), to a child of a Vietnam
veteran for any disability resulting from spina bifida and certain other birth
defects suffered by such child. A monthly allowance from two hundred to one
thousand two hundred dollars is paid to a child under this public
law.
(x) Combat-related pay
received by a service member of the United States armed forces (under the
Consolidated Appropriations Bill, 2008,
Pub. L. No.
110-161, (12/2007)) and basic military pay not
made available to the assistance group while the service member is on
deployment to a designated combat zone.
(i)
Pay is considered combat-related when:
(a)
Received in addition to the service member's basic pay;
(b) Received as a result of the service
member's deployment to, or service in an area designated as a combat zone as
determined pursuant to executive order or public law; and
(c) Not received by the service member prior
to the service member's deployment to or service in a federally-designated
combat zone.
(ii) Basic
military pay is considered available to the assistance group as follows:
(a) When the service member was part of the
assistance group for SNAP purposes prior to the deployment to a designated
combat zone, this amount would be his or her net military pay.
(b) When the service member was not part of
the assistance group for SNAP purposes prior to the deployment to a designated
combat zone, this amount is the amount the absent service member actually made
available to the assistance group prior to deployment to the designated combat
zone.
(y)
Disaster unemployment assistance provided under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, Pub. L. No. 100-707, (11/1988), to
individuals unemployed as a result of a major disaster.
(z) Filipino veterans equity compensation
funds payments under the American Recovery and Reinvestment Act of 2009
(2/2009,
Pub. L. No.
111-5) made to certain veterans, or surviving
spouses of veterans, who served in the military of the government of the
commonwealth of the Philippines during World War II.
(aa) Any aid, services, or incentives
provided to an eligible beneficiary participating in programs funded by the
health profession opportunity grants (HPOG) under the Patient Protection and
Affordable Care Act of 2010,
Pub. L. No.
111-148, (3/2010).