13360 Income Eligibility - The combined gross income of all persons living at the residence address shall not exceed 150% of the federal poverty level. (See 13362.) Countable income includes earnings by adults, unearned income of adults and children, public assistance benefits, social security benefits, interest earnings and most other income. In determining income eligibility, gross income received or intended for the month of application is countable.

Regular income received on a monthly basis must be counted based on the monthly amount. Income received other than monthly (e.g., weekly, bi-weekly, etc.) must be counted based on an income conversion process. Income expected to be received (e.g., hourly rate x hours to be worked) must be converted to establish a standard amount of monthly income by multiplying income by 2.15 if paid every two weeks or bi-weekly, or by 4.30 if paid weekly.

Intermittent income must be counted in the month it is intended for, regardless of when it is received. Intermittent income is income that is received less than on a monthly basis, such as quarterly or semi-annually.

Self-employment income is considered using gross receipts minus a 25% standard deduction for expenses, except for instances where the client disagrees with the 25% standard deduction and requests the option of using actual income producing costs as a deduction from gross self-employment earnings in place of the standard deduction. An average monthly income will be established. Refer to 6313 and 7122.

Individuals on a LIEAP application may be "Deemed Income Eligible" if they have an active Food Assistance or TANF case in the month that they apply for LIEAP and the income reflected in the Food Assistance/TANF case has been verified. Any adults not deemed income eligible would be subject to income verifications as detailed earlier in 13360. It is possible that the combination of countable verified income for those deemed income eligible and the income of any adults not deemed income eligible could still exceed the allowable income guidelines.

Deemed Income Eligible individuals are still subject to all other eligibility criteria. Since gross income of all adult household members is a factor in determining the benefit level, verified countable income for each deemed income eligible individual in addition to countable income for any individuals not deemed income eligible must be determined  to allow for the calculation of an appropriate benefit.

When a household member is on strike from employment, the striker's income is measured using the calendar month prior to the strike's onset. Income for all other household members will be considered for the month of application, except for self-employment as described above.

There are no asset or resource tests.

13361 Exempt Income - Only the following incomes are exempt in determining eligibility:
 

1. Agent Orange Settlement payments;

2. Alaska Native Claim distributions;

3. Aleut Income under Title II of P.L. 100-383;

4. AmeriCorp payments;

5. Child Care subsidy benefits paid to a parent or caretaker to be used for purchasing child care;

6. Children with Spina Bifida Whose Parents are Vietnam Veterans payments pursuant to P.L. 104;

7. Crime Victims Fund payments pursuant to P.L. 103-322;

8. Cryptocurrency;

9. Death benefits from life insurance policies, Social Security Administration, Veteran's Administration Railroad organizations, Workman's Compensation, and other agencies;

10. Disaster payments provided by federal, state or local governments or by disaster assistance organizations in conjunction with a presidentially declared disaster;

11. Earned income of child household members under age 18;

12. Educational income - Any grant, scholarship or loan for educational purposes from any source including, but not limited to PELL grants, SEOG's, GLS's, Carl D. Perkins Vocational ACT grants, college work study, grants or loans from civic organizations, and private student loans from family or nonfamily members (Monies received as monthly living benefits from stipends or special programs such as Veterans Educational Income (GI Bill), Social Security to survivors based on educational participation, or to Native Americans through Tribal sources or Bureau of Indian Affairs shall not be exempt under this provision as they are not considered grants, loans, or scholarships.);

13. Family subsidy payments which are provided through the Mental Health and Developmental Disabilities Commission or Family Support payments provided through the Prevention and Protection Services Commission;

14. Filipino Veterans Equity Compensation fund - For certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II. The compensation fund offers one-time payments of up to $15,000 to eligible persons.

15. Foster Grandparent Program payments provided to volunteers;

16. Gifts - irregular, occasional or unpredictable monetary gifts not exceeding $50 per month;

17. Holocaust Survivors Reparation payments paid by foreign governments;

18. Housing rental assistance including Section 8 utility allowances or other "negative rent" payments made to tenants of subsidized housing under HUD or FHA regulations;

19. Individual Development Accounts - monies deposited as authorized matching funds, accrued interest, or withdrawn funds for it’s intended purposes. See 6410;

20.  Indian monies:

1. derived from leases or other uses of individually-owned trusts or restricted lands pursuant to P.L. 103-66 and 97-458, or

2. distributed or held in trust by the Secretary of the Interior (including Indian judgment funds);

21. In-kind income such as food assistance, commodity foods, school lunches, energy assistance or other assistance payable by a third party directly to a vendor rather than to the applicant;

22. Interest accrued from the interest-bearing accounts of children under 18;

23. Interest and dividend income that does not exceed $50 per month. If in excess the full amount of interest shall be counted;

24. Interest to a burial fund or to a prepaid burial space;

25. Japanese aliens - payments granted to certain United States citizens of Japanese ancestry and resident Japanese aliens under Title I of P.L. 100-383;

26. JTPA (Job Training Partnership Act) - unearned income received from this program (e.g., tool allowance, travel allowance);

27. Loans, including loans from private individuals as well as commercial institutions, including deferred educational loans;

28. Lump sum, non-recurring payments including, but not limited to, the following:

    1. Income tax refunds, rebates, or credits when paid as a lump sum benefit;

    2. Other non-recurring lump sum payments from Social Security Administration, Supplemental Security Income, Railroad Retirement, Veterans Administration and Workman's Compensation;

    3. Lump sum child support arrearage payments. (If an arrearage is owed, child support payments paid in excess of the current support obligation are considered an arrearage.); or

    4. Retroactive child support rebate payments including CSS checks (URA) received by the client while the TANF case is in open status;

29. National Community Services Act - Payments received under Title I of the National and Community Services Act of 1990 (P.L. 101-610). Programs in Kansas funded under this Act are the Youth Service Crops programs operated through Donnelly College (Kansas City, KS), the Kickapoo Tribal Nation, and the Topeka Youth Project and AmeriCorp. All payments are exempt except on-the-job training payments received by persons age 19 or over, or received by persons under the age of 19 who are not under the parental control of another household member;

30. Older Americans Act (All Programs) - Payments received via the Community Services Employment Program funded under Title V of the Older Americans Act of 1965. Kansas Programs funded under Title V include: Green Thumb, Project Ayuda (serving Wyandotte, Johnson, Douglas, and Shawnee counties), and the Senior Community Service Employment Program through the Midway Chapter of the American Red Cross (serving Sedgwick, Reno, Harper, Kingman, Butler, Cowley, Harvey and Sumner Counties);

31. PASS Plan (Plan to Achieve Self-Support) - Social Security Disability benefits received pursuant to a PASS Plan are exempt. Wages placed into a PASS Plan are also exempt;

32. Radiation exposure - Payments made under the Radiation Exposure Compensation Act.
    The law compensates individuals for injuries or deaths resulting from exposure to radiation from nuclear testing and uranium mining in Arizona, Nevada and Utah;

33. Rehabilitation services payments by DCF Kansas Rehabilitation Services;

34. Reimbursements for:

    1. expenses incurred in connection with employment, and

    2. for other expenses incurred, such as VA or insurance payments to reimburse for medical expenses, or VA "Aid and Attendance Benefits";

35. Relocation assistance - Payments received under the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970. The applicant's equity in a home is disregarded to the extent that the equity was purchased with payments under the Uniform Relocation Act;

36. SCORE or ACE - Payments received through Service Corps or Retired Executives or Active Corps of Executives;

37. Savings withdrawn from an IRA or 401K;

38. Senior Community Service Employment Program payments;

1. Senior Health Aide payments received through Senior Health Aides or Senior Companions;

2. Special TANF Allowances - e.g., special transportation payments and special service payments;

3. Tax (state or federal) refunds, rebates, or credits, e.g., Earned Income Tax Credits;

4. VISTA Program payments; and

5. Volunteer payments under the Domestic Volunteer Service Act of 1973.
   
   

13362 Income Guidelines - The gross income (before deductions) of all persons living at the residence address is considered in determining household income. The following eligibility limits represent 150% of the federal poverty level: