Income from the following sources is exempt as income
only in the month received or, where indicated, also exempt as a resource
in the following months.
- Agent Orange (All Programs) - Agent Orange
settlement payments made pursuant to P.L. 101-201 are exempt as income
in the month received and as a resource in the following months.
- Alaska Native
Claims (All Programs) - Distributions from Native Corporations
formed pursuant to the Alaska Native Settlement Act including cash,
stock, partnership interest, land or interest in land, and interest
in settlement trust are exempt as income in the month received and
as a resource in the following months.
Aleut Income (All Programs) - Payments granted
to certain eligible Aleuts under Title II of P.L.100-383 (enacted
8/10/88) is exempt as income in the month received and as a resource
in the following months.
AmeriCorps
(All Programs) - Any payments
provided through AmeriCorps are exempt as income in the month received
and as a resource in the following months.
Also see below for special rules regarding the treatment of VISTA
Income (an AmeriCorps Program).
Assistance Payments -
- All Programs
Except Food Assistance - Retroactive assistance payments
are exempt as income in the month paid and as a resource in only
the following month.
- Food Assistance -
Cash assistance payments shall be counted as income when they
are received in the month for which they are intended and they
are authorized in time to affect the corresponding issuance month
considering appropriate timely notice requirements. Retroactive
cash assistance payments shall not be counted as income for food
assistance purposes.
If the amount of the initial cash payment cannot be reasonably
anticipated at the time of the food assistance eligibility determination,
the possible cash payment shall be disregarded and the subsequent
approval of the cash payment shall then be handled as a change
in circumstances.
- Census Earned Income
(All Programs) - The earned income of temporary census
employees shall be exempt.
- Charitable Donations (All Programs)
- Any cash or in-kind donation based on need not to exceed
$300 in any quarter starting in January, April, July or October which
are received from one or more public or private nonprofit charitable
organizations are exempt as income in the month received and as a
resource in the following months. Amounts in excess of $300 shall
be considered as countable unearned income.
Child Care Payments (All Programs) - Child
Care payments made to persons other than a child care provider are
exempt as income in the month received.
Child Support (All
Programs)
Support received on or after the effective date of assignment to DCF
is exempt as income in the month received except when:
The current support reported by CSS and treated as nonexempt
income results in TANF ineligibility (see 6220);
A person has been sanctioned for noncooperation. In such
instances, assigned support retained by a person during the sanction
period for noncooperation shall be counted as income.
An arrearage payment that is not retained by DCF and is
forwarded to the client with the exception of prospective support
received in the application processing month. (see 2164
and 7124.2) This does not include
prospective support received after TANF approval in the application
processing month.
NOTE: This exemption does not apply to arrearage
payments paid for a child whose current support order has ended.
These payments are not considered child support payments and are
considered the income of the person receiving the payment.
- Children's Earnings - The
earned income for a child is exempt as income in the month received
in the following situations:
- For TANF, this exemption applies to children under age 18 or
under age 19 if the child is working toward attainment of a high
school diploma or its equivalent. See 2210.
- For Food Assistance, this exemption applies to children under
age 18 if the child is working toward attainment of a high school
diploma or its equivalent. See 2210.
- For Child Care, the earnings of any child under age 18 (or
age 19 if the child is working toward the attainment of a high
school diploma or its equivalent) are exempt unless the child
is legally responsible for another person in the nuclear family.
- If the child's earnings or amount of work performed cannot
be differentiated from that of other household members (Example:
migrant farm workers), the total earnings shall be prorated equally
among the working members of the household and the child's pro
rata share excluded if they meet the exclusions listed above.
- Once a student's income loses its exempt status per above,
that earned income shall be countable effective with the income
month following the month in which the income loses its exempt
status. For example, if a student receiving food assistance turns
18 on September 5th, the student's earned income would be counted
prospectively effective for October, since October would be the
first income month in which the student was 18 years or older
at the beginning of the month.
This exclusion does not apply to emancipated minors or to unemancipated
minors determined to act in own behalf per 2112
(2). For TANF and Food Assistance, exclusions continue to apply during
temporary vacation breaks, provided the child’s enrollment will resume
following the break.
- Combat
Pay (All Programs) - Additional pay received by military
personnel as a result of deployment to a combat zone is exempt. Refer
to Policy Memo 05-03-01
for details on determining countable income for households with a
member in a combat zone. Also refer to Combat
Zones Approved for Tax Benefits for a current list of combat zones.
- Crime
Victims Fund (All Programs) - Payments made pursuant to the Crime
Victims Fund (Public Law 103-322), as amended are exempt as income
in the month received.
- Death Benefits -
- All Programs - Death benefits (OASDI, VA,
RR, or other burial benefits) when used toward the cost of burial
are exempt as income for the month received and as a resource
in the following months.
- Payments occasioned by the death of another
person to the extent that the payments have been expended or committed
to be expended for purposes of the deceased persons last illness
and/or burial. Such payments include, but are not limited to,
proceeds from a life insurance or burial insurance policy, gifts,
and inheritances.
- For the purposes of this provision,
a person's last illness is defined as the illness which resulted
in the person's death. Death resulting from injuries would not
be considered in this definition. Medical expenses that can be
reasonably attributed to the persons last illness shall be excluded
in determining the amount of payment that is considered to be
available. Documentation is required.
- Disaster Payments (All Programs) -
Federal major disaster and emergency assistance and comparable disaster
assistance provided by state or local government or by disaster assistance
organizations in conjunction with a presidentially declared disaster
are exempt as income in the month received and as a resource in the
following months.
This includes disaster unemployment assistance to an individual as
a result of a major disaster. Individuals cannot be eligible for any
other unemployment compensation and also receive disaster unemployment
benefits. Payments are limited to 26 weeks. EES Administration will
notify the field if such disaster unemployment assistance is paid
in Kansas due to a major disaster.
Donated Foods (All Programs) - The value
of the U.S. Department of Agriculture donated foods are exempt as
income in the month received and as a resource in the following months.
-
Earned Income Tax Credits (All Programs) - Earned income tax
credits received as a lump sum refund is exempt as income in the month
received and as a resource in the following twelve months.
Educational
Income (All Programs) - Any bona fide grant, scholarship, loan
or other money payment for educational purposes from any source including,
but not limited to, PELL grants, SEOGs, GLSs, Carl D. Perkins Vocational
ACT grants, college work study, grants or loans from civic organizations,
Veterans Educational Income and private student loans from family
or nonfamily members is exempt as income in the month received and
as a resource in the following months.
NOTE: Veteran's Educational income includes: GI Bill;
vocational rehabilitation payments for service related disabilities
(Chapter 31); and educational payments to children (18-26) and spouses
of Veterans with a service connected death or 100% disability. The
portion of the GI Bill payment that is the monthly housing allowance
(MHA), is NOT exempt under this provision. See 6220
(11).
Interest on Kansas Investments Developing Scholars (K.I.D.S.) accounts
is exempt as long as the account is maintained. Withdrawals from the
Participant Account and from the Match Account are also exempt.
Monies which are received as monthly living benefits from stipends
or special programs such as 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.
- Energy Assistance (All Programs) -
Payments or allowances made under some federal laws for the purpose
of providing energy assistance are exempt from consideration as income
in the month received. An example of such federal program is the Department
of Health and Human Services' Low Income Energy Assistance Program
(LIEAP).
Other home energy assistance furnished by a federal or state regulated
entity whose revenues are primarily derived on a rate-of-return basis,
by a private nonprofit organization, by a supplier of home heating
oil or gas, or by a municipal utility company which provides home
energy, if the assistance provided is based on need, is exempt as
income in the month received.
For food assistance, payments made to the household under state or
local laws for the purpose of energy assistance are not excluded.
(There are no State programs in existence at this time.)
- Family Subsidy (All Programs)
- Family subsidy payments provided through the Mental Health and
Developmental Disabilities Commission or Family Support payments provided
through the Prevention and Protection Services Commission are exempt
as income in the month received and as a resource in the following
months.
- Filipino
Veterans Equity Compensation Fund (All Programs) – Payments
from the Filipino Veterans Equity Compensation Fund are exempt as
income and as a resource. This fund was created by the American Recovery
and Reinvestment Act (ARRA) of 2009 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.
Food
Assistance (All Programs) - The value of the benefits issued under
the current Food and Nutrition Act of 2008 are exempt as income in
the month received and as a resource in the following months.
Foster
Care (Food Assistance) - See 4220.
Foster
Grandparents
All
Programs Except Food Assistance - Any payment provided
to volunteers serving as foster grandparents is exempt as income
in the month received and as a resource in the following months.
Food Assistance - The
payment referenced in (a) above is only exempt as income in the
month received.
Gifts
(All Programs) - Gifts $50 or under (per case/per month) of irregular,
occasional or unpredictable monetary gifts are exempt as income in
the month received. Regular monetary gifts of any amount are countable.
Gifts of more than $50 are countable in full.
Examples:
1) Ann received $40 for her birthday. This payment is exempt.
2) Bill receives $100 a month from his mother to help pay his rent.
It is not a loan, it is a gift. The full $100 is countable since it
is in excess of $50.
Note: Establishment-specific gift cards (such as Walmart
or Olive Garden) shall be exempt as income. However, credit card company
gift cards (such as Visa or MasterCard that can be spent as cash)
that are provided regularly and can be reasonably anticipated shall
be counted as income.
Health
Profession Opportunity Grants (HPOG) (All Programs) - The
Patient Protection and Affordable Care Act (ACA) amended the Social
Security Act to provide demonstration project authority to address
health professions and workforce needs. HPOG was awarded to 32 entities,
including State agencies, workforce investment boards, community based
organization and institutions of higher education. Section 5507 of
ACA specifically excludes any aid, services, or incentives provided
to an eligible beneficiary under the HPOG from being counted as income
in determining eligibility and benefits for any means tested program.
In Kansas, the Kansas Health Profession Opportunity Project (KHPOP)
meets this criteria, and any payments received from the program are
exempt as income.
Holocaust
Survivors (All Programs) - Reparation payments made to Holocaust
survivors are exempt as income in the month received.
Hostile
Fire Pay (All Programs) - Hostile fire pay (also known as combat
pay)received while in active military service is exempt as income
in the month received.
See Policy Memo 05-03-01
for more detailed information, especially the applicability of this
exemption on food assistance cases.
- Housing Assistance
(All Programs) - Housing assistance from federal housing
programs including negative rent payments made to tenants of subsidized
housing under HUD regulations is exempt as income in the month received
and as a resource in the follow months.
- Independent
Living Foster Care Payments (Food Assistance) - The portion
of independent living payments, that the sponsor or community advisor
is allowed to keep (usually $50 or less), is exempt as income for
the independent living foster care child. The remainder is countable
income for the foster child. See 6220 (2)
.
- Indian Monies
- $2,000 Per Year (All Programs) -
Up to $2,000 per calendar year of income received by individual
Indians, which is derived from leases or other uses of individually-owned
trusts or restricted lands pursuant to P. L 103-66 and P. L. 97-458
is exempt as income in the month received. For purposes of this
provision, the exclusion of income shall be applied only to months
for which an eligibility determination is being made. For income
which is received monthly or more frequently, the exclusion shall
be applied beginning with the first month of eligibility determination
until the $2,000 limit is attained. For intermittent income situations,
the income up to $2,000 shall be subtracted from total intermittent
income for the appropriate period with the remainder prorated
to determine the countable monthly amount. These payments are
exempt as income in the month received and as a resource in the
following months for the Food Assistance Program.
- Secretary of Interior (All Programs)
- Any funds for an Indian tribe which are distributed
or held in trust by the Secretary of the Interior (including Indian
judgment funds), including interest and investment income accrued
on money held in trust and initial purchases made with any funds
distributed are exempt as income in the month received and as
a resource in the following months.
Contact with the Bureau of Indian Affairs will be necessary to
verify that the funds are exempted or are another type of benefits
which must be counted as income.
- Aroostook Band (All Programs Except
Food Assistance) - Payments granted to the Aroostook
Band of Micmac Indians under Public Law 102-171 are exempt as
income in the month received and as a resource in the following
months.
- Assiniboine Tribe (Food Assistance)
- Payments awarded to the members of the Assiniboine
Tribe of the Fort Belknap Indian Community or the Assiniboine
Tribe of the Fort Peck Indian Reservation, received pursuant to
P.L. 98-124 (enacted 10-83) are exempt as income in the month
received and as a resource in the following months.
- Chippewa Tribe (Food Assistance)
- Payments awarded to the members of the Red Lake Band of Chippewa
Indians, received pursuant to P.L. 98-124 (enacted 10-83)are exempt
as income in the month received and as a resource in the following
months.
- Navajo and Hopi (Food Assistance) -
Payments of relocation assistance to members of the Navajo and
Hopi Tribes under P.L. 93-531 are exempt as income in the month
received and as a resource in the following months.
- Ottawa Tribe (Food Assistance)
- Payments received from the disposition of funds to the Grand
River Band of Ottawa Indians (P.L. 94-540) are exempt as income
in the month received and as a resource in the following months.
- Passamaquoddy Tribe (Food Assistance)
- Payments to the Passamaquoddy Tribe and the Penobscot
Nation or any of their members received pursuant to the Maine
Indian Claims Settlement Act of 1980 (enacted 10-83) are exempt
as income in the month received and as a resource in the following
months.
- Yakima Nation and Apache Tribe (Food
Assistance) - 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 (P.L. 95-433)
are exempt as income in the month received and as a resource in
the following months.
- Individual Development Accounts (All Programs)
- The interest on an allowable individual development account
(IDA), including authorized matching contributions and accrued interest,
is exempt as income as long as the account is maintained. For Working
Healthy, income deposited into an IDA is also exempt in the month
deposited. IDAs are exempt resources for all programs. An allowable
IDA meets the following guidelines:
It
is established by or on behalf of a TANF recipient or by or on
behalf of an individual participating in the Assets for Independence
Demonstration Program (AFIA) and is used for a qualified purpose.
qualified
purpose is one or more of the following:
post-secondary education
expenses for college or vocational-technical school. Learning
Quest or other 529 accounts are not considered IDAs;
first home purchase (must
not have owned a home within three years of acquisition);
or
business capitalization
(business plan must be approved by financial institution or
non-profit loan fund).
NOTE: Any
funds withdrawn from an IDA and used for any purpose other than
one of those listed above shall count as unearned income in the
month withdrawn.
The
IDA must be a trust funded through periodic contributions by the
establishing individual and may be matched by or through a qualified
entity for a qualified purpose.
A
qualified entity to match IDA funds for a TANF recipient is either
a not-for-profit organization described in section 501(c)(3) of
the IRS code of 1986 and exempt from taxation under section 501(a)
or a state or local government agency acting in cooperation with
a 501(c)(3) organization. For AFIA participants, matching contributions
are made by the federal government through a grantee.
TANF
and AFIA recipients may only contribute to IDAs with income derived
from earnings. Note: The earnings of an adult placed in an IDA
are counted as earned income in the month earned.
Parents
may establish IDAs for their children as well as for themselves.
Children may also contribute their earnings to accounts established
by or for them.
In-kind Income (All Programs) - In-kind
benefits are exempt as income in the month received.
- Interest and Dividends
- Interest
and dividends (All Programs)
- If interest and dividends are received irregularly, are unpredictable
and are less than $30 in a quarter, they are exempt.
- Interest to a Burial Fund
(All Programs) - Interest credited to
an exempted burial fund or to a prepaid burial space contract
account is exempt as income in the month received and as a resource
in the following months. See 5430 (9).
- Japanese Aliens
(Non-citizens) (All Programs) - Payments granted to certain
United States citizens of Japanese ancestry and resident Japanese
non-citizens under Title I of P.L. 100-383 (enacted 8-10-88) are exempt
as income in the month received and as a resource in the following
months.
- Kinship Care
payments (Food Assistance) - See 4220.
- Loans (All Programs) - All loans, including
loans from private individuals as well as commercial institutions,
deferred educational loans, and cryptocurrency loans shall be exempted
from household income.
Monies received from reverse mortgages are treated
as loans, even if payments are regular and predictable.
When verifying that income is exempt as a loan, a legally
binding agreement is not required. A simple statement signed by both
parties which indicates that the payment is a loan and must be repaid
shall be sufficient verification. However, if the household receives
payments on a recurrent or regular basis from the same source but
claims the payments are loans, the provider of the loans may be required
to sign a statement which indicates that repayments are being made
or that payments will be made in accordance with an established repayment
schedule.
- Lump
Sums (All Programs) - Lump sum payments are exempt as income
in the month received. A lump sum payment is defined as a nonrecurring
one time payment which, if received regularly, would be non-exempt.
Classification as a lump sum is dependent on its unpredictability
either in amount or time of receipt which prohibits consideration
as intermittent income. Lump sum payments may be from (but not limited
to) the following sources:
- Income tax refunds, rebates, or credits when paid as a lump
sum benefit.
Tax refunds are exempt as a resource in the following twelve months.
- Other payments, such as retroactive cash assistance, unemployment
compensation, Social Security, SSI, or railroad retirement benefits.
NOTE: Retroactive SSI benefits in an amount
that equals or exceeds 12 times the federal benefit rate to an
eligible SSI individual are paid in installments. The retroactive
payments are paid in no more than 3 installments and are made
at 6-month intervals. Since these installments replace what would
have been paid a single lump sum payment, installment payments
for retroactive SSI benefits are exempt as income. If SSA requires
that the SSI lump sum be placed in a separate account, the entire
amount of the lump sum shall be exempt, including any portion
of the lump sum that is for the current income month.
- Lump sum insurance benefit, including proceeds from crop insurance.
- Refunds of security deposits on rental properties or utilities.
- Bonus or severance pay paid in a lump sum after employment
has been terminated.
- Retroactive child support rebate payments including CSS checks
(URA) received by the client while the TANF case is in open status.
- VA pension benefit adjustments paid in a lump sum.
- 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.)
- Excess insurance payments received through the Medicaid Program.
- The one-time $250 Social Security, SSI, Railroad Retirement
and Veteran's payments made as a result of the American Recovery
and Reinvestment Act of 2009 (economic stimulus legislation).
The legislation exempts these payments as income and also exempts
them as a resource for the month of receipt and the following
nine months.
- The $1,000 payment received in lieu of TANF benefits under
the Diversion Payment Program Option described in 1118. The payment
is considered exempt as income and as a resource only in the month
received.
- Gate money received by persons when they leave prison.
- Mineral Rights and Oil Royalties
- Mandatory deduction of severance taxes from mineral rights
and oil royalty income shall not be included as income
- Monies Withheld Voluntarily or Involuntarily
Food Assistance - Monies
withheld from an assistance payment, earned income, or other income
source, or monies received from any income source which are voluntarily
or involuntarily returned to repay a prior overpayment received
from that income source, are exempt as income in the month received,
provided that the overpayment was not excludable at the time of
the original payment.
Monies withheld from assistance payments (e.g., TANF, SSI) shall
be included as countable income if the monies are withheld for
the purpose of recovering from a household an overpayment which
resulted from the household's fraudulent failure to comply with
a state, federal, or federally-assisted program which provides
assistance on the basis of financial need. (For a definition of
"fraudulent," refer to 11200).
Mandatory deductions from military
pay for educational purposes shall not be included as income (or
as a resource) while the individual is enlisted in the armed services.
If individuals enroll in an educational institution after they
leave the service, the amount withheld from salary plus any amounts
matched from the VA will be treated as countable educational income
minus expenses. Individuals who choose not to attend any school
will receive the withheld monies in a lump sum payment and the
payment shall be exempt per Lump Sums (above).
In addition, for all programs,
programs not based on financial need that have a portion withheld
to repay a prior overpayment received from that same income source,
such as SSA, VA, Unemployment or Workers Compensation shall not
have the portion withheld counted as income.
- National
Community Services Act (Food Assistance) - Payments received
under Title I of The National and Community Services Act of 1990 (P.L.
101-610) as amended by P.L. 103-82 are exempt as income in the month
received. Programs in Kansas funded under this Act are the Youth Service
Corps programs operated through Donnelly College (Kansas City, KS),
the Kickapoo Tribal Nation, the Topeka Youth Project, and AmeriCorps.
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.
- Older Americans Act (All Programs) -
Payments received via the Senior Community Services Employment Program
(SCSS P), a special program designed to serve low-income seniors under
Title V of the Older Americans Act, are exempt as income in the month
received. This program is administered by the Department of Commerce.
The program provides up to 1,300 hours per year of part-time employment
for individual age 55 and older in community service arrangements.
Programs funded in Kansas include: SER Corporation and the American
Red Cross.
- PASS Plan (Food Assistance) - Social Security
Disability benefits received pursuant to a Plan to Achieve Self-Support
(PASS Plan) are exempt as income in the month received and as a resource
in the following months. This exclusion is mandated by P.L. 102-237
enacted 12-13-91. Any other unearned or earned income placed into
a PASS plan is also to be exempted.
- Radiation Exposure (All
Programs) - Payments made pursuant to the Radiation Exposure
Compensation Act, P.L. 101-426 (10-15-90) are exempt as income in
the month received and as a resource in the following months. This
law compensates individuals for injuries or deaths resulting from
exposure to radiation from nuclear testing and uranium mining in Arizona,
Nevada and Utah.
- Refugee Resettlement Program
Funds (All Programs) - Match Grant funding and Reception
and Placement (R&P) funding provided to individuals by a refugee
resettlement agency are exempt as income in the month received and
as a resource in the following month.
- Rehabilitation
Services Payments (All Programs) - Income directly provided by
Kansas Rehabilitation Services, except as noted in 6315,
is exempt as income in the month received and as a resource in the
following months. Maintenance payments are also exempt as they are
in excess of normal living expenses and are considered a reimbursement.
- Reimbursements
All
Programs - Reimbursements for out-of-pocket expenses
are exempt as income in the month received and as a resource only
in the following month.
Examples of exempt reimbursements are ones for job or training-related
expenses such as travel, per diem, uniforms, and transportation
to and from the job or training site. Reimbursements which are
provided over and above the basic wages for these expenses are
excluded; however, these expenses, if not reimbursed, are not
otherwise deductible. Reimbursements for the travel expenses incurred
by migrant workers are also excluded.
Also exempt are medical and dependent care reimbursements, reimbursements
to students for specific education expenses such as travel or
books, and jury duty payments.
To be exempt, these payments must be provided specifically for
an identified expense other than normal living expenses and used
for the purpose intended. When a reimbursement, including a flat
allowance, covers multiple expenses, each expense does not have
to be separately identified as long as none of the reimbursement
covers normal living expenses.
For food assistance, reimbursements
for normal household living expenses such as rent or mortgage,
personal clothing or food eaten at home are a gain or benefit
and, therefore, are not exempted.
See 7227.1 for
instructions on the treatment of expenses covered by a reimbursement.
- Relocation Assistance
(All Programs) - Payments received under the Uniform Relocation
Assistance and Real Property Acquisition Policy Act of 1970 are exempt
as income in the month received and as a resource in the following
months. The applicant's or recipient's equity in a home is to be disregarded
to the extent that such equity was purchased with payments under the
Uniform Relocation Act of 1970.
- Renal Dialysis (All Programs
Except Food Assistance) - Special incentive payments received
for renal dialysis patients for care in their own home are exempt
as income in the month received.
- Repair or Replacement
Payments (All Programs) - Income from a one-time payment
or a portion of a one-time payment from a settlement for repair or
replacement of property or other settlement, including legal services
and medical insurance payments, when the settlement is used for the
intended purpose within 6 months of its receipt. This income is exempt
as income in the month received and as a resource in the following
6 months.
- Repatriated
Americans (All Programs) - Payments received from the Repatriated
Americans Programs are excluded as income in the month received if
the person receiving the payment is required to sign an agreement
to repay the funds received. If this agreement is not signed, the
payments must be counted as regular unearned income. (Refer to 1722.)
- Ricky Ray Hemophilia Act Fund (All Programs)
- Payments made pursuant to the Ricky Ray Hemophilia Relief
Fund Act, P.L. 105-364 are exempt as income and as a resource for
all programs. The payment is a one-time amount of $100,000.
NOTE: Interest earned on these exempt
funds is not exempt as income. See 6220
#12.
- SCORE
or ACE (All Programs) - Payments received through Service Corps
of Retired Executives or Active Corps of Executives is exempt as income
in the month received and as a resource in the following months.
Senior Health Aides (All Programs)
- Payments received through Senior Health Aides or Senior Companions
are exempt in the month received and as a resource in the following
months.
- Shared
Living (All Programs) - In shared living arrangements,
cash paid from one family to another toward the total cost of shelter
is exempt as income in the month received. The portion of shelter
costs paid shall not be an allowable expense for the family receiving
the payment. See 7227.1.
- SSI (All Programs Except
Food Assistance) - Income of an SSI recipient (including 1619(b)
recipients) and retroactive SSI benefits (even if the individual receiving
the benefit is no longer an SSI recipient) are exempt as income in
the month received and as a resource in the following months.
- Summer
EBT - The value of
the benefits issued are exempt as income in the month received and
as a resource in the following months.
- Tax
Refunds (All Programs) - Legislated tax rebates and refunds are exempt
as income in the month received.
Tax rebates issued via the Economic Stimulus Act of 2008 are exempt
as income and a resource in the month received and exempt as a resource
in the following two months.
For food assistance, tax refunds are exempt as income and as a resource
for a period of 12 months after receipt.
- Third Party Beneficiary Payments (Food Assistance)
-
- Money which is received and used for the care and maintenance
of a third-party beneficiary who is not a household member. Payments
through an agency such as the Veterans or Social Security Administration
which is responsible for monitoring the appropriate use of the
funds are to be considered available to the person for whom they
are intended.
- If a single payment is intended for both household and non-household
members, any identifiable portion of the payment intended and
used for the care and maintenance of the non-household member
shall be exempted.
- If the non-household member's portion cannot be readily identified,
the payment shall be evenly prorated among intended beneficiaries.
The exemption shall be applied to the non-household member's pro
rata share or that amount actually used for his/her care and maintenance,
whichever is less.
- Trust
for a VA Child (All Programs) - Money for a child which
is held in trust by VA and determined by VA unavailable for subsistence
needs is exempt as income in the month received and as a resource
in the following months.
- VA
Payments (All Programs)
- VA benefits resulting from unusual medical
expense (UME) deductions are exempt as income in the month received.
NOTE: See Educational Income
(above) regarding the treatment of VA Educational income.
- Benefits paid to children of Vietnam veterans
who are born with spina bifida pursuant to Public Law 104-204
are exempt as income in the month received and as a resource the
following months.
Benefits paid to children of
women Vietnam veterans born with certain birth defects pursuant
to Public Law 106-419 are exempt as income in the month received
and as a resource the following months.
Vendor
Payments (All Programs) - Money payments
that are not payable directly to a household but are paid to a third
party for a household expense are vendor payments and exempted as
follows (See 6220 (9) for countable
vendor payments.):
A payment made in money on behalf of a household
shall be considered a vendor payment whenever a person or organization
outside of the household uses its own funds to make a direct payment
to either the household's creditors or a person or organization
providing a service to the household. For example, if a relative
or friend, who is not a household member, pays the household's
rent directly to the landlord, the payment is considered a vendor
payment and is not counted as income to the household. Similarly,
rent or mortgage payments, made to landlords or mortgages by HUD
or by state or local housing authorities, are other examples of
vendor payments and are also exempted.
Public Assistance payments or
other assistance payments financed by state or local funds which
are not made directly to the household but paid to a third party
on behalf of the household to pay a household expense shall be
considered an exempt vendor payment and not counted as income
to the household if such payments are for:
Medical assistance;
Child care assistance;
Housing assistance payments
made to a third party on behalf of a household residing in
temporary housing, if the temporary housing provided for the
household lacks facilities for the preparation and cooking
of hot meals or the refrigerated storage of food for home
consumption.
Public Assistance or other assistance vendor
payments financed by state or local funds which are made on
behalf of migrants in the labor stream are exempt and not
counted as income regardless of the purposes of the vendor
payments.
Payments in money that are not
made to a third party, but are made directly to the household,
are counted as income and are not excludable as vendor payments.
Public Assistance payments or
other assistance financed by state or local funds which are provided
over and above the normal Public Assistance grant or other assistance
payment and would not normally be provided in a money payment
to the household shall be considered emergency or special assistance
and exempted as income if provided directly to a third party for
a household expense. This rule applies even if the household has
the option of and receives a direct cash payment.
- See 7227.1 for instructions
on treatment of expenses covered by a vendor payment.
- VISTA - VISTA is
an AmeriCorps Program with special income treatment rules as follows:
- Cash and Child Care -
Any payments received through the VISTA program are exempt as
income in the month received.
- Food Assistance - Any
payments received through VISTA are exempt only if the client
was receiving food assistance at the time(s) he joined VISTA.
- Work Employment Programs Payments (All
Programs) - The values of any services or monies received
for support or transitional services paid directly to the client through
work programs as defined in KEESM 3400
are exempt as income in the month received. In addition, irregular
monies and/or lump sums received as incentive payments for participation
in approved work activities shall be exempt as income for TANF, Child
Care, and Food Assistance purposes. Programs include but not limited
to: Head Start/Early Head Start programs, supervised job placement
programs, life skill classes, special disability and/or addiction
treatment programs.
- Work Opportunities Reward Kansans Payments
(WORK) - Allocation payments made to individuals under
an approved WORK Plan for Independence are considered a reimbursement
and are exempt as income for all programs. All payments are also exempt
as a resource in the month received.
Funds retained following the month of receipt are exempt as a resource
if such funds are maintained in an allowable WORK checking or savings
account per 8400. Funds moved to non-approved accounts lose exempt
status and are countable.
- Workforce
Investment Opportunity Act (WIOA) - Income received from
the Workforce Investment Opportunity Act of 1998 (WIOA) is exempt
as income with the exception of on-the-job training program payments
and paid work experience received by persons 19 or older. On-the-job
payments and paid work experience received by persons under 19 are
exempt as income.
- Youth Service Corps - Payments
provided through Youth Service Corps are exempt in the month received.