3-002.03A12 Income Excluded by Federal Statutes
475 NAC 3-002.03A12
The following types of income are excluded by federal statute:
1. Income derived from land held in trust for certain Indian tribes;
2. Payments from designated Energy Assistance Programs;
3. Payments received under the Americorps Program;
4. Payments received from the youth incentive entitlement pilot projects and the youth community conservation and improvement projects of 1978, but not payments from the Adult Conservation Corps (PL 95-524);
5. Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (PL 94-540);
6. Payments received from the Workforce Investment Act (WIA) to:
a. Native Americans, veterans, and migrant households under Section 181(a)(2);
b. Youth Build, Summer Youth Programs;
c. Payments to dependents age 18 years or younger under Title I;
7. Payments received under the Alaska Native Claims Act including those to Nana Indians;
8. 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);
9. Payments to the Passamaquoddy Tribe and Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420, Section 5);
10. Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970;
11. Payments of relocation assistance to members of the Navajo and Hopi tribes;
12. Payments received under Title V of the Older Americans Act Amendments of 1987 including projects involving Experience Works, American Association of Retired Persons (AARP), U.S. Department of Agriculture Forest Service, and Area Aging Agencies (AAA);
13. Per capita payments to Indian tribal members up to $2,000 per person per payment. Gambling operation payments are not considered per capita payments. For more information see 475-000-303, "Clarification Regarding Indian Per Capita Payments and Gambling Operation Payments."
14. The portion of a military retirement payment which goes to an ex-spouse under a divorce decree property settlement;
15. Mandatory deductions from military pay for educational purposes while the individual is enlisted;
16. Payments made under the Disaster Relief and Emergency Assistance Amendments of 1988;
17. Payments to U. S. citizens of Japanese ancestry and resident Japanese aliens or their survivors and payments to eligible Aleuts per P.L. 100-383, Wartime Relocation of Civilians;
18. Payments to individuals due to their status as victims of Nazi persecution;
19. Per capita payments made under P.L. 98-124, distributions to the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana;
20. Per capita payments made to Chippewas of Mississippi under P.L. 99-377, August 8, 1986, and the payments made to the Red Lake Band of Chippewa Indians under P.L. 98-123;
21. Payments made from the Agent Orange Settlement Fund or any fund established by the settlement of the Agent Orange liability litigation under Public Law 101-201 and P.L. 101-239;
Note: P.L. 102-4, Agent Orange Act of 1991, authorized veteran’s benefits to some veterans with service connected disabilities resulting from exposure to agent orange. These VA payments are not excluded by law.
22. Veteran’s Administration annual adjustment in disability pension;
23. Earned Income Tax Credits (EITC) and Advanced Earned Income Tax Credits (AEITC);
24. Assistance to children under PL 89-642, Section 11(b) of the Child Nutrition Act of 1966;
25. SNAP benefits under WIC demonstration projects, exchanged for food at farmers’ markets under P.L. 100-435, Section 501;
26. Payments to specific Indian tribes (see 475-000-313. Information about the applicable Indian tribes is located at 475-000-313.
27. Payments under P.L. 98-500, the Old Age Assistance Claims Settlement Act except for per capita shares in excess of $2,000;
28. Payments under P.L. 101-426, Section 6(h)(2), the Radiation Exposure Compensation Act of 1990;
29. Payments under P.L. 104-204, dated September 26, 1996, to any child of a Vietnam veteran who was born with spina bifida. The term “child” means a biological child of any age or marital status who was conceived after the date on which the veteran first served in the Republic of Vietnam during the Vietnam era;
30. Any income, regardless of the source, that is deposited in a PASS account;
31. Payments received under Title II (Retired Senior Volunteer Program {RSVP}, Foster Grandparents, and Senior Companion Program) and Title III (SCORE and ACE) of the Domestic Volunteer Services Act of 1973 (P.L. 93-113, as amended). Payments under Title I, including VISTA, University Year for Action, and the Urban Crime Prevention Program to volunteers are excluded for those persons receiving SNAP or public assistance at the time they joined the Title I program;
Exception: Households which were receiving an income exclusion for a VISTA or other Title I subsistence allowance at the time of conversion to the Food Stamp Act of 1977 continue to receive an income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion.
32. Subsidy received by household through Medicare Drug Discount Program under the Medicare Prescription Drug Improvement and Modernization Act. Temporary interruptions in SNAP participation must not alter the exclusion once an initial determination has been made;
33. Any education loans on which payment is deferred, grants, scholarships, fellowships, and veteran's educational benefits and similar assistance;
1. Fellowships, assistantships
and stipends with a work requirement are counted as earned income.
2. Fellowships, assistantships and stipends without a work requirement
are counted as unearned income.
34. Rent or mortgage payments made by HUD or a state or local housing authority and payments for the purpose of providing energy assistance including utility reimbursements by HUD or FmHA;
35. Funds in HUD Family Self-Sufficiency Program (FSSP) escrow accounts; and
36. Combat related military pay if the additional pay is the result of deployment to or service in a combat zone and was not received immediately prior to serving in a combat zone. This is authorized under U.S. Code, Title 37, Section 5.
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