63-507 RESOURCES AND/OR INCOME EXCLUDED BY OTHER FEDERAL LAW 63-507

(a) Resources and/or income shall be excluded if specifically excluded for Food Stamp purposes by any other federal law, including, but not limited to:

(1) Benefits received by children from the following programs:

(A) Special Supplemental Food Program for Women, Infants and Children (WIC) (P.L. 89-642, Section 11 (b));

(B) Special Milk Program (P.L. 89-642, Section 11(b));

(C) School Breakfast Program (P.L. 89-642, Section 11(b));

(D) School Lunch Program (P.L. 94-105, Section 9(d));

(E) Summer Food Service Program for Children (P.L. 94-105, Section 9(d));

(F) Commodity Distribution Program (P.L. 94-105, Section 9(d));

(G) Child and Adult Care Food Program (P.L. 94-105, Section ((d)).

(2) Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (P.L. 91-646, Section 216);

(3) Earned income tax credits received before January 1, 1980, as a result of P.L. 95-600 the Revenue Act of 1978.

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(Continued)

(4) Allowances, earnings and payments to individuals in programs specified under the Workforce Investment Act (WIA) shall be excluded, except that earnings of individuals participating in on-the-job training programs shall not be excluded as either resources or income (P.L. 97-300, Section 142(b) and P.L. 99-198).

(A) However, earnings of dependent household members under 19 years of age who are participating in on-the-job training under WIA shall be excluded.

1. For purposes of this provision, dependent means a child under 19 years of age who is under the parental control of an adult household member.

(5) Payments or allowances made under any federal laws, except benefits under a state program funded under Part A of Title IV of the Social Security Act, for the purpose of energy assistance, such as the Low Income Home Energy Assistance Act (LIHEAA), or from Housing and Urban Development (HUD) or the Farmers Home Administration (FmHA) programs. One-time assistance payments or allowances under federal or state laws for weatherization or emergency repair or replacement of heating or cooling devices are excluded.

(6) Financial educational assistance provided under any of the following:

(A) A program funded in whole or in part under Title IV of the Higher Education Act (P.L. 102-325);

(B) Bureau of Indian Affairs student assistance programs (P.L. 102-325);

(C) Title XIII, Indian Higher Education Programs, Tribal Development Student Assistance Revolving Loan Program (Tribal Development Student Assistance Act);

(D) To the extent specified in Section 63-502.2(e), the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 (20 U.S.C. 2301-2466d.).

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(Continued)

(7) Payments received as restitution pursuant to the Civil Liberties Act of 1988, by U.S. citizens of Japanese ancestry and permanent resident Japanese aliens who were interned during World War II or their survivors; and payments received by Aleut residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island pursuant to the Aleutian and Pribilof Islands Restitution Act, for injustices suffered while under United States control during World War II (P.L. 100-383, Section 105(f)(2)).

(8) Payments received from the Agent Orange Settlement Fund or any other fund established to settle liability claims by veterans or survivors of deceased veterans concerning Agent Orange under the Agent Orange Compensation Act of 1989 (P.L. 101-201 and P.L. 101-329, Section 10405).

(9) Earned Income Tax Credit (EITC) payments received by any household member as an advance payment or in the form of a lump sum. These payments shall be excluded for 12 months, provided the household was participating in the Food Stamp Program at the time of receipt of the EITC and provided the household participates continuously during that 12-month period (P.L. 103-66).

(A) Continuous participation includes breaks in participation of one month or less due to administrative reasons, such as delayed recertifications or missing or late CA 7s.

(B) If the pay stub does not indicate an EITC advance payment was received, no further action is required.

(C) If it is unclear from the pay stub what amount of EITC advance payment the recipient received, the CWD shall obtain clarification from the recipient and contact the employer if necessary to obtain the amount.

(10) Federal major disaster and emergency assistance provided to individuals and families under the Disaster Relief Act of 1974 (as amended by P.L. 100-707, Section 105(i)), and comparable disaster assistance provided by states, local governments, and disaster assistance organizations as a result of a major disaster.

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(Continued)

(11) Payments received from the Radiation Exposure Compensation Trust Fund by an individual for certain diseases attributed to radiation exposure pursuant to the Radiation Exposure Compensation Act of 1990 (P.L. 101-426, Section 6(h)(2)).

(12) Any amount by which the basic pay of an individual is reduced under the Veterans' Benefits Improvement and Health-Care Authorization Act of 1986 (P.L. 99-576, Section 303(a)(1)).

(13) Any payment to volunteers under Title II of the Domestic Volunteer Services Act, including but not limited to the Retired Senior Volunteer Program (RSVP), Foster Grandparents Program and Senior Companion Program shall be excluded as income only (P.L. 93-113, as amended).

(14) Any payments under Title I of the Domestic Volunteer Services Act, including but not limited to VISTA, University Year for Action and Urban Crime Prevention Program to volunteers who were receiving food stamps or public assistance at the time they joined the Title I program shall be excluded as income only. In addition, those individuals who 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 shall continue to receive the income exclusion for VISTA for the length of their volunteer contract in effect at the time of conversion. Temporary interruptions in Food Stamp Program participation shall not affect the exclusion once eligibility has been determined (P.L. 93-113, as amended).

(15) Funds received by individuals age 55 and over provided by the Senior Community Service Employment Program (SCSEP) under Title V of the Older Americans Act shall be excluded as income only (as amended by P.L. 100-175, Section 166).

HANDBOOK BEGINS HERE

(A) The following organizations receive Title V funds under the Older Americans Act:

1. Green Thumb

2. National Council on Aging

HANDBOOK ENDS HERE

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(Continued)

HANDBOOK BEGINS HERE

3. National Council of Senior Citizens

4. American Association of Retired Persons (AARP)

5. U.S. Forest Service

6. National Association for Spanish-Speaking Elderly

7. National Urban League

8. National Council on Black Aging

HANDBOOK ENDS HERE

(16) The value of any child care provided or arranged for, or child care payments made under the programs specified in Sections 63-507(a)(16)(A) through (a)(16)(C) shall be excluded as income only.

(A) Title IV-A of the Social Security Act, including transitional child care (P.L. 100-485, Section 301).

(B) The At-Risk Block Grant (P.L. 101-508, Section 5801).

(C) The Child Care and Development Block Grant (P.L. 102-586, Section 8).

(17) Allowances, earnings, and payments made under Title I of the National and Community Service Act (NCSA) of 1990 shall be excluded (P.L. 101-610, Section 177(d)). The NCSA includes programs under the Serve America, American Conservation and Youth Corps, and National and Community Service subtitles.

(A) Earnings of individuals, except dependent household members under 19 years of age, participating in on-the-job training under Title I programs shall not be excluded, consistent with the provisions of Sections 63-502.135 and 63-507(a)(4).

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MANUAL LETTER NO. FS-95-05 Effective 9/11/96

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(Continued)

HANDBOOK BEGINS HERE

(B) Examples of programs under Title I of the NCSA include: the Higher Education Service-Learning Program; the AmeriCorps umbrella program, including the National Civilian Community Corps and the Summer for Safety programs; and the School-to-Work Opportunities Program.

HANDBOOK ENDS HERE

(18) Payments made to individuals because they have been determined to be victims of Nazi persecution (P.L. 103-286, Section (1)).

NOTE: Authority cited: Sections 10553, 10554, 11209, and 18904, Welfare and Institutions Code. Reference: Sections 10554, 18901, 18902, and 18904, Welfare and Institutions Code; 7 Code of Federal Regulations (CFR) 273.2(h); 7 CFR 273.8(e)(11) and (12)(ii); 7 CFR 273.9(b)(1)(v); 7 CFR 273.9(c)(10); 7 CFR 273.10(f); 7 CFR 273.14(e); Public Law (P.L.) 89-642; P.L. 91-646, Section 216; P.L. 93-113; P.L. 94-105, Section 9(d); P.L. 95-531; P.L. 95-600; P.L. 97-300, Section 142(b); P.L. 99-425, Section (e); P.L. 99-576, Section 303(a)(1); P.L. 100-50; P.L. 100-175, Section 166; P.L. 100-383, Section 105(f)(2); P.L. 100-485, Section 301; P.L. 100-707, Section 105(i); P.L. 101-201; P.L. 101-329, Section 10405; P.L. 101-426; P.L. 101-508, Section 5801; P.L. 101-610, Section 177(d); P.L. 102-325; P.L. 102-586; P.L. 103-286, Section 1; 20 United States Code (U.S.C. 2301-2466d; United States Department of Agriculture (U.S.D.A.), Food and Nutrition Service (FNS), Administrative Notice (AN) 94-41, dated April 19, 1994; U.S.D.A., FNS, ANs 94-58 and 94-59, dated July 5, 1994; U.S.D.A., FNS, AN 94-72, dated September 15, 1994; P.L. 104-193, Sections 808 and 827 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996); and Administrative Notice 96-48.

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