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Chapter: 1800 Income Program: FS 2 1810.0107.02 Income not Available (FS) Some income withheld from non means-tested assistance payments, earned income, or other income sources which are received from any income sources which are voluntarily or involuntarily returned to repay a prior overpayment, will be considered unavailable to the household to the extent the money is utilized to repay an overpayment of benefits received. Income "monies" not available are:

1. Social Security retirement reduced to cover an overpayment. 2. Supplemental Security Income reduced due to cover an overpayment. 3. TCA if reduced due to an overpayment because of an agency error. 4. Payments that have already been included as income, or would have been included had the assistance group been receiving food stamps.

Income is considered available and is included if it is:

1. Withheld by federal means-tested program (such as Temporary Cash Assistance) due to failure to comply with program requirements. 2. Due to wage garnishment. 1810.0107.03 Third-Party Payments for Non-SFU Members (FS) Monies received and used for the care and maintenance of a third party beneficiary who is not an SFU member is excluded income. When a single payment is received for SFU and non-SFU members, only the portion intended and used for the care and maintenance of the non-SFU member will be excluded.

If the Non-SFU member's portion of the payment cannot be readily identified, the eligibility specialist will:

1. prorate the payment among all intended beneficiaries and determine the non-SFU member's portion, 2. determine the portion actually used for the non-SFU member, then 3. exclude the lesser of the two amounts. 1810.0108 Available Income (FS) Income must be available to meet the SFU's needs to be included. Generally, income is considered available when it is actually received and/or when the individual has the legal ability to access the monies.

Exceptions to the policy above:

Occasionally, a regular monthly payment (e.g., Title II or VA) is received in a month other than the month of normal receipt. As long as there is no interruption in the regular payment schedule, consider the funds to be income in the normal month of receipt. Examples of this situation are:

1. Advance Dated Checks - When a payor advance dates a check because the regular payment date falls on a weekend or holiday, there is no intent to change the normal delivery date. Whenever such an advance dated check goes to a bank by direct deposit, the funds may be posted to the account before or after the month they are payable.

2. Electronic Funds Transfer - When an individual's money goes to a bank by direct deposit, the funds may be posted to the account before or after the month they are payable. Whenever this occurs, treat the electronically transferred funds as income in the month of normal receipt.