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Chapter: 1800 Income Program: FS 13 1810.0800 ASSISTANCE FROM GOVERNMENT AGENCIES (FS) Assistance payments are benefits based on applicant or recipient need. 1810.0802 Energy Assistance Payments (FS) The following energy assistance payments are excluded by federal law:

1. direct payments or allowances made for the purpose of providing energy assistance under any Federal law, such as Low Income Home Energy Assistance Program (LIHEAP), 2. a one time payment or allowance made under a Federal or state law for costs of weatherization or emergency repair or replacement of an unsafe or inoperative furnace or other heating or cooling device, and 3. payments made to fuel dealers and landlords on behalf of households.

In order for an energy assistance payment to be excluded, it must be clearly defined by the legislative body authorizing or funding the program. LIHEAP payments are one example of clearly defined energy assistance.

The amount of an excluded energy assistance payment need not be verified. If the payment source is questionable, the eligibility specialist should verify that the payments are correctly defined as Federal energy assistance or a Federal or state one time payment.

HUD utility subsidies do not count as unearned income. The HUD utility payment will not count as income to the assistance group whether paid to the assistance group or to the utility company. 1810.0805 Programs Administered by HUD/FmHA (FS) Payments from the U.S. Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA) can be excluded if used to offset or subsidize their rent or mortgage payments. These payments may be made to landlords or mortgagees.

When an assistance group lives in subsidized housing, all or a portion of its rent may be paid by HUD or the Farmers Home Administration (FmHA). In this situation, a rent deduction may be claimed for the amount the assistance group actually pays.

The assistance group living in subsidized housing may also qualify for a HUD or FmHA utility payment. These utility payments are excluded as income as they are made for the purpose of providing energy assistance. Additionally, when a HUD/FmHA utility allowance is used to reduce the amount of rent, this type of "utility allowance" is not to be considered income. 1810.0811 Disaster Assistance Payments (FS) Permanently exclude:

1. payments, including disaster unemployment assistance, received under the Disaster Relief Act of 1974 [P.L. 93-288, Section 312(d)], as amended by the Disaster Relief and Emergency Assistance Amendments of 1988 [P.L. 100-707, Section 105(i)] from income. 2. National Flood Insurance Program (NFIP) payments made under the National Flood Insurance Act of 1968, as amended by Public Law 109-64, enacted on September 20, 2005.

Exclude interest earned on disaster assistance payments from income.

Most Federal Emergency Management Assistance (FEMA) funds are excluded. However, some payments made to homeless people to pay for rent, mortgage, food, and utilities when there is no major disaster or emergency are not excluded under this provision.