475 NAC 3-002.02B
Unearned income includes all the following:
1. Assistance payments from federal, federally aided or state funded public assistance programs such as Supplemental Security Income (SSI), SDP, AABD, or ADC;
2. All or part of a public assistance (PA) or general assistance (GA) (including GA vendor payments for shelter) grant that would normally be a money payment to the household but which is diverted to a third party or a protective payee unless the vendor payment is specifically excluded;
Information on excluded vendor payments is located at 475 NAC 3-002.03A2a 'Excluded Vendor Payments'.
Note: No portion of benefits provided under Title IV-A of the Social Security Act except for Transitional Child Care (TCC) used as an adjustment for work-related or child care expenses is considered excludable under this provision.
3. Assistance payments from programs which require, as a condition of eligibility, the actual performance of work without compensation other than the assistance payments themselves;
4. Foster care payments:
a. Foster care payments from grant programs Child and Family Services, Juvenile Court, and Subsidized Guardianship. Households have the option to include or exclude the children. If the children are included the payment is counted; or
b. Foster care payments from the grant program Subsidized Adoption. Households are required to include these children and their payments in the food stamp budget.
5. State and local energy payments made directly to the household or as a vendor payment to the provider;
Note: LIEAP payments and one-time costs of weatherization or replacement of unsafe or inoperative heating devices are excluded.
6. Retirement benefits, veterans’ benefits, disability benefits, RSDI benefits, strike benefits, workmen’s compensation, the gross amount of unemployment compensation, annuities, and pensions;
Attorney's fees paid from a settlement are allowed by law but not an allowable exclusion for food stamps. The entire amount of the settlement is legally obligated to the recipient.
7. Gross rental property income minus the cost of doing business if a household member is not actively engaged in managing the property for an average of at least 20 hours per week;
8. Portions of reimbursements if both the following conditions are met:
a. The reimbursement exceeds the actual incurred expense it is intended to cover; and
b. The household or the provider of the reimbursement indicates that the reimbursement exceeds the expense;
Information on reimbursements is
located at 475 NAC
3-002.03A6 'Reimbursements'.
Exception: Payments received from the USDA Child and Adult Care
Food Program given to self-employed individuals is considered earned income.
9. Alimony payments made directly to the ex-spouse or money deducted or diverted from a court-ordered support to a third party for a household expense;
10. Child support payments made directly to the household from non-household members. This includes:
a. All child support payments returned to the client by the Child Support Payment Center; and
b. Money deducted or diverted from a court-ordered support payment (or other binding written support agreement) to a third party for a household expense;
All child support payments are
averaged unless a change has occurred. The worker must:
1. Use the past three full calendar months of child support received
prior to the budget creation date;
2. Total the amount; and
3. Divide by three to determine the monthly income.
If a change that is expected to last more than one month is reported by
the household or has occurred prior to date of interview, the worker must:
1. Document the information reported by the household, the month
the change occurred, and the reason for the change;
2. Determine the amount of child support income to use based on
the new information.
11. All other direct money payments which can be construed as a gain or benefit to the household, such as cash gifts which can be anticipated, dividends, interest, or royalties, are unearned income, regardless of source;
12. The portion of charitable donations that exceed $300 in a federal fiscal quarter; and
Information on charitable income is located at 475 NAC 3-002.03A13 "Charitable Contributions".
13. Two types of income from irrevocable trust funds as follows:
a. Monies withdrawn from the trust fund are considered unearned income in the month they are received unless they are otherwise excluded.
b. Dividends which the household has the option of either receiving as income or reinvesting in the trust are considered unearned income in the month they become available to the household unless the dividends are otherwise excluded.
Information on irrevocable trust funds is located at 475 NAC 3-002.01C #28d "Excluded Resources".
{1/3/05}