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SNAP/TANF PROGRAM POLICY MANUAL
CHAPTER: 2600 SECTION: 2600.00.00 RESOURCES TABLE OF CONTENTS
CONTENTS 2600.00.00 RESOURCES .......................................................................................................................... 6
2605.00.00 PRINCIPLES OF RESOURCES .................................................................................................. 6 2605.05.00 DEFINITION OF RESOURCES ................................................................................................. 6 2605.10.00 OWNERSHIP OF RESOURCES ................................................................................................ 7 2605.10.05 JOINT OWNERSHIP OF RESOURCES ...................................................................................... 7 2605.10.10 JOINT OWNERSHIP OF VEHICLES.......................................................................................... 8 2605.15.00 AVAILABILITY OF RESOURCES............................................................................................... 8 2605.15.05 INSIGNIFICANT RESOURCES (S) ............................................................................................ 8
2605.20.05 RESOURCE ELIGIBILITY DATE (S) ........................................................................................... 9 2605.20.10 RESOURCE ELIGIBILITY (C) .................................................................................................. 10 2605.25.00 DETERMINING RESOURCE VALUE ...................................................................................... 10 2605.25.05 VEHICLE VALUATIONS ........................................................................................................ 10 2605.25.10 REAL PROPERTY VALUE ...................................................................................................... 11 2605.25.10.05 LIFE ESTATE AND REMAINDER VALUE ........................................................................ 11 2605.25.10.10 LIFE ESTATE AND REMAINDER TABLES....................................................................... 12 2605.25.10.15 MINERAL RIGHTS VALUE ............................................................................................ 14 2605.30.00 CONVERSION OF RESOURCES ............................................................................................ 15 2605.35.00 VERIFICATION OF RESOURCES ........................................................................................... 15
2605.40.00 MONITORING OF RESOURCES ............................................................................................ 15 2610.00.00 RESOURCE LIMITS .............................................................................................................. 15 2615.00.00 TYPES AND VALUE OF PERSONAL PROPERTY ..................................................................... 16 2615.05.00 CASH ON HAND .................................................................................................................. 16 2615.05.10 CROWDFUNDING ACCOUNTS ............................................................................................ 16 2615.10.00 BANK AND OTHER ACCOUNTS ........................................................................................... 16 2615.10.05 SAVINGS AND CHECKING ACCOUNTS ................................................................................ 17 2615.10.05.05 BUSINESS ACCOUNTS (S) ............................................................................................ 17
2615.10.05.10 PAYMENT PROCESSING APPS ..................................................................................... 18 2615.10.10 TIME DEPOSITS ................................................................................................................... 18 2615.10.15 SAFETY DEPOSIT BOX ......................................................................................................... 19
2615.10.20 COMMINGLED FUNDS (S) ................................................................................................... 19
2615.10.25 COLLEGE SAVINGS ACCOUNTS ........................................................................................... 19 2615.10.30 COVERDELL EDUCATIONAL ACCOUNTS ............................................................................. 19 2615.10.35 ABLE ACCOUNTS................................................................................................................. 19 2615.15.00 RETIREMENT ACCOUNTS .................................................................................................... 19 2615.15.05 RETIREMENT ACCOUNTS (S) .............................................................................................. 19 2615.15.10 RETIREMENT ACCOUNTS (C) .............................................................................................. 22 2615.20.00 BURIAL RELATED RESOURCES ............................................................................................ 23 2615.20.10 FUNERAL PLANNING PROGRAMS (S) ................................................................................. 23 2615.20.10.05 PREPAID FUNERAL AGREEMENTS (S) ......................................................................... 24 2615.20.15 FUNERAL TRUSTS ............................................................................................................... 24 2615.20.20 BURIAL PLOTS (S) ................................................................................................................ 24
2615.20.20.05 BURIAL PLOTS (C) ....................................................................................................... 24 2615.25.00 INSURANCE......................................................................................................................... 25 2615.25.05 LIFE INSURANCE ................................................................................................................. 25 2615.25.05.05 LIFE INSURANCE (S) .................................................................................................... 25 2615.25.05.10 LIFE INSURANCE (C) .................................................................................................... 25 2615.25.10 CASUALTY INSURANCE (C).................................................................................................. 26 2615.30.00 HOUSEHOLD GOODS AND PERSONAL EFFECTS ................................................................. 26 2615.35.00 INCOME PRODUCING PERSONAL PROPERTY ..................................................................... 26 2615.35.05 INCOME PRODUCING PERSONAL PROPERTY (S) ................................................................ 27 2615.35.10 INCOME PRODUCING PERSONAL PROPERTY (C) ................................................................ 27 2615.40.00 PERSONAL PROPERTY USED TO PRODUCE FOOD (C) ......................................................... 27
2615.45.00 STOCKS, BONDS, AND MUTUAL FUND SHARES ................................................................. 27 2615.45.05 CRYPTOCURRENCY/VIRTUAL CURRENCY (S) ...................................................................... 28 2615.45.05.05 DETERMINING VALUE OF CRYPTOCURRENCY/VIRTUAL CURRENCY (S) ..................... 28 2615.50.00 MORTGAGES, LOANS, AND PROMISSORY NOTES .............................................................. 28 2615.55.00 LAND SALES CONTRACT ..................................................................................................... 29 2615.55.05 LAND SALES CONTRACT (S) ................................................................................................ 29 2615.55.10 LAND SALES CONTRACT (C) ................................................................................................ 29 2615.60.00 VEHICLES ............................................................................................................................ 29 2615.60.05 DEFINITION OF VEHICLE ..................................................................................................... 30
2615.60.10 EXEMPT VEHICLES (S) ......................................................................................................... 30 2615.60.10.05 NON-EXEMPT VEHICLES (S) ........................................................................................ 31
2615.60.10.10 UNLICENSED VEHICLES (S) .......................................................................................... 31
2615.60.15 TREATMENT OF VEHICLES (C) ............................................................................................ 31 2615.60.25 RECREATIONAL VEHICLES AND EQUIPMENT ..................................................................... 31 2615.65.00 NON-RECURRING LUMP SUM PAYMENTS ......................................................................... 31 2615.65.05 LUMP SUM PAYMENTS ...................................................................................................... 32 2615.75.00 TRUST FUNDS ..................................................................................................................... 32 2615.75.05 TRUST FUNDS (S) ................................................................................................................ 32 2615.75.10 TRUST FUNDS (C) ................................................................................................................ 33 2615.80.00 LEGAL GUARDIANSHIP/REPRESENTATIVE PAYEE (C) ......................................................... 33 2615.80.05 GUARDIANSHIP ACCOUNTS (S) .......................................................................................... 33
2615.85.00 RETROACTIVE PAYMENTS (S) ............................................................................................. 33 2615.90.00 PRORATED INCOME ........................................................................................................... 34 2620.00.00 TYPES AND VALUE OF REAL PROPERTY RESOURCES .......................................................... 34 2620.05.00 REAL PROPERTY OWNERSHIP ............................................................................................. 34 2620.10.00 VERIFICATION OF REAL PROPERTY OWNERSHIP................................................................ 35 2620.15.00 EXEMPT REAL PROPERTY RESOURCES ............................................................................... 35 2620.15.05 THE HOME .......................................................................................................................... 35 2620.15.05.05 TEMPORARILY UNOCCUPIED HOME .......................................................................... 36 2620.15.10.05 HOME REPLACEMENT (C) ........................................................................................... 36
2620.15.15 INCOME PRODUCING REAL PROPERTY (S) ......................................................................... 36 2620.20.00 TREATMENT OF NON-EXEMPT REAL PROPERTY ................................................................ 37 2620.20.05 COUNTING NON-EXEMPT REAL PROPERTY (S) .................................................................. 37 2620.20.15 EXEMPTION OF REAL PROPERTY (C) .................................................................................. 37 2620.20.15.05 PROPERTY NOT MARKETED WITHIN 30 DAYS (C) ...................................................... 38 2620.20.15.10 OVERPAYMENT CALCULATION AFTER PROPERTY SALE (C) ........................................ 38 2620.20.15.15 PROPERTY UNSOLD AFTER SIX MONTHS (C) .............................................................. 38
2625.05.00 PLAN FOR ACHIEVING SELF-SUPPORT (S) ........................................................................... 39 2627.00.00 HEALTH SAVINGS ACCOUNTS ............................................................................................. 39 2630.00.00 RESOURCES EXEMPTED UNDER FEDERAL LAW.................................................................. 39 2630.05.00 BENEFITS UNDER FEDERAL NUTRITION PROGRAM ........................................................... 39 2630.05.05 WIC BENEFITS ..................................................................................................................... 39 2630.05.10 OLDER AMERICANS ACT (C) ............................................................................................... 40 2630.05.15 CHILD NUTRITION ACT (C) .................................................................................................. 40 2630.05.20 NATIONAL SCHOOL LUNCH ACT (C) ................................................................................... 40
2630.05.25 SNAP BENEFITS/COMMODITIES ......................................................................................... 40
2630.10.00 HUD ASSISTANCE................................................................................................................ 40 2630.15.00 RELOCATION ASSISTANCE ACT PAYMENTS ........................................................................ 40 2630.20.00 HOME ENERGY ASSISTANCE PAYMENTS ............................................................................ 41 2630.25.00 ASSISTANCE FOR CERTAIN INDIAN TRIBES/ALASKAN NATIVES ......................................... 41 2630.30.00 COMPENSATION TO JAPANESE/ALEUTS ............................................................................ 44 2630.35.00 GERMAN REPARATION PAYMENTS (S) ............................................................................... 44 2630.40.00 DOMESTIC VOLUNTEER SERVICE ACT COMPENSATION .................................................... 44 2630.45.00 PAYMENTS TO STUDENTS .................................................................................................. 45
2630.50.00 YOUTH PROJECT PAYMENTS (S) ......................................................................................... 45 2630.55.00 DISASTER ASSISTANCE PAYMENTS ..................................................................................... 45 2630.60.00 RADIATION EXPOSURE ACT BENEFITS ................................................................................ 45 2630.65.00 AGENT ORANGE SETTLEMENT ACT PAYMENTS ................................................................. 45 2630.70.00 RESOURCES EXEMPTED BY TANF/SSI (S) ............................................................................ 46 2630.75.00 PROPERTY SUBJECT TO LIEN (S) ......................................................................................... 46 2630.80.00 PROPERTY NECESSARY TO VEHICLE MAINTENANCE (S)..................................................... 46 2630.85.00 FEDERAL TAX REFUND PAYMENTS ..................................................................................... 46 2630.85.05 EARNED INCOME TAX CREDIT (EITC) PAYMENTS (C) ......................................................... 47 2630.90.00 INCOME/RESOURCES/CONTRIBUTIONS OF SSI RECIPIENT (C) .......................................... 47
2630.95.00 INDIVIDUAL DEVELOPMENT ACCOUNT ............................................................................. 47 2635.00.00 RESOURCE ELIGIBILITY DETERMINATION ........................................................................... 47 2635.05.00 RESOURCES OF AG MEMBERS (S) ...................................................................................... 47 2635.05.05 RESOURCE ELIGIBILITY DETERMINATION FOR ALIENS ....................................................... 48 2635.05.10 RESOURCE DEEMED FROM ALIEN’S SPONSOR/SPOUSE .................................................... 48 2635.05.15 INDIVIDUAL SPONSOR LIABILITY (C) ................................................................................... 48 2635.05.20 AMOUNT DEEMED FROM SPONSOR TO ALIEN .................................................................. 49 2640.00.00 TRANSFERS OF PROPERTY (S) ............................................................................................. 50 2640.05.00 PROPERTY TRANSFERS AFFECTING ELIGIBILITY (S) ............................................................ 50
2640.05.05 DETERMINING THE PERIOD FOR DISQUALIFICATION (S) ................................................... 50 2640.05.10 TRANSFERS NOT AFFECTING ELIGIBILITY (S) ...................................................................... 51 2699.00.00 FOOTNOTES FOR CHAPTER 2600 ....................................................................................... 52
SNAP/TANF PROGRAM POLICY MANUAL CHAPTER: 2600 SECTION: 2600.00.00 RESOURCES RESOURCES
2600.00.00 RESOURCES
This chapter presents requirements for determining eligibility based on resources. The chapter contains the following main sections: • Principles of Resources (Section 2605); Resource Limits (Section 2610); • Types and Value of Personal Property Resources (Section 2615); • Types and Value of Real Property Resources (Section 2620); • Plan for Achieving Self-Support (Section 2625); • Resources Exempted Under Federal Law (Section 2630); • Resource Eligibility Determination (Section 2635); • Transfer of Property (Section 2640); and • Footnotes for Chapter 2600 (Section 2699) 2605.00.00 PRINCIPLES OF RESOURCES
The resources owned by specific individuals must be identified and evaluated according to the requirements of each program. A distinction between resources and income must always be made so that proper consideration is given to each.
Section 2605 outlines principles which apply to the consideration of resources in the determination of eligibility for assistance.
All property not specifically exempted in the following sections are countable as a resource or, in the case of real property, may be required to be offered for sale or rent, according to the requirements of the particular program. 2605.05.00 DEFINITION OF RESOURCES
Resources are real or personal property that is owned solely or jointly by an individual.
Real property is land, including buildings or immovable objects attached permanently to the land. Real property also includes life estates, remainder interests, and mineral rights. (Refer to Sections 2605.25.10 and 2620.00.00)
Personal property includes all property that is not real property. The eligibility system resource screens identify the following types of personal property as liquid resources:
• cash on hand; • balances on a pay card; • checking accounts;
• savings accounts, including Christmas Club; • savings certificates; • trust funds; • individual retirement accounts; • Keogh plans; • credit union accounts; • prepaid funeral agreements; • stocks; • bonds; • cryptocurrency (such as Bitcoin, Litecoin, etc.) • nursing home accounts. 2605.10.00 OWNERSHIP OF RESOURCES
The owner of a resource is any individual who has the ability to liquidate or dispose of the resource. A resource can be solely or jointly owned. 2605.10.05 JOINT OWNERSHIP OF RESOURCES
Joint ownership of resources, consisting of real or personal property, exists when the right to liquidate or dispose of the property is shared by more than one individual. When the resource is jointly owned by a married couple, one half (1/2) of the resource is to be attributed to each spouse; otherwise, the percentage of ownership is to be assigned as described below.
When any type of account held in a financial institution is jointly owned, the caseworker is to presume that all of the funds belong to each owner. The individuals are to be advised of this presumption and given the opportunity to rebut it. If an applicant/recipient rebuts, then the applicant/recipient is responsible for providing proof of ownership of the funds, which includes a record of deposits and withdrawals from the account.
Following a successful rebuttal, the funds must be separated and placed in separate accounts. Only the funds belonging to the applicant/recipient will then be counted as a resource to the applicant/recipient. This procedure applies whether the joint owners are all applying for or receiving assistance. If the funds are not separated, the balance is counted in its entirety by each joint owner.
In addition to bank accounts, other real and personal property may be jointly owned. If an applicant/recipient owns real property or non-liquid personal property with another applicant/recipient of any assistance program the real property screen is to be completed for each owner. Then proportionate shares of the property are to be assigned to the joint owners in the eligibility system.
The percentage amount of the share owned by each individual is counted as a resource. Refer to Section 2605.10.10 regarding the availability determination for jointly owned vehicles.
When a non-recipient is one of the joint owners of real or personal property, the availability of the applicant/recipient's proportionate share must be determined. If the individual has the unrestricted right, authority, or legal ability to liquidate or dispose of the property or their share of it, the proportionate share is available to them. If the joint owners do not have unrestricted rights to sell their interest in real property according to the title or other legal document, statements must be obtained from all joint owners to determine if they are all willing to sell the property. If all joint owners are willing to sell, then the property will be considered available. 2605.10.10 JOINT OWNERSHIP OF VEHICLES
This section addresses the determination of "availability" of jointly owned vehicles. A jointly owned vehicle is considered an available resource to the Assistance Group (AG) when: • It is jointly owned with other applicant/recipient(s) who may or may not be in the same AG, or living at the same address; • It is jointly owned with a non-recipient who lives with the AG and either owner has physical possession and/or use of the vehicle and the non-recipient owner agrees to sell the vehicle; • It is jointly owned with a non-recipient who does not reside with the AG, but the AG has physical possession or use of the vehicle, and the non-recipient owner agrees to sell the vehicle; • It is jointly owned with a non-recipient who does not live with the AG and the AG does not have physical possession or use of the vehicle but, the joint owner is willing to sell the vehicle, thus enabling the client to obtain their share of the vehicle's value.
If the client cannot legally sell the vehicle or take action to remove their name from the title the vehicle will not be considered to be available even in the situations listed above. The client must provide proof that the vehicle is not legally available by presenting court or BMV documents.
Therefore, when a vehicle is found to be jointly owned with a non-recipient, the AG must be asked if the non-recipient is willing to sell the vehicle. If the non-recipient is not willing to sell, verification of the non-recipient's statement must be obtained. The recipient must cooperate in locating and obtaining verification from the non-recipient. 2605.15.00 AVAILABILITY OF RESOURCES
Resources are available if the owner has the unrestricted right, authority, or legal ability to liquidate or dispose of the property or their share of the property. Resources must be available to be counted in the eligibility determination. Refer to Section 2605.10.10 regarding the availability determination of jointly owned vehicles. 2605.15.05 INSIGNIFICANT RESOURCES (S)
Resources are exempt if the AG is unable to sell the resources for any significant return because the AG's interest is relatively slight or because the cost of selling the AG's interest would be relatively great. This exclusion applies only to non-liquid resources such as: • vehicles; and
• real or personal property.
It does not apply to liquid resources such as stocks and bonds. An example of this exemption is real property which is worth little on the market, or which would be very difficult to sell because of the location or condition of the property.
The insignificant return determination for real and personal property must be calculated off-line and the result entered on Real Property page. If the sale of the real or personal property would result in an insignificant return the property will be exempt, and its value will not be counted as a resource.
The insignificant return determination for vehicles is completed by the eligibility system based on the information entered. If the sale of a vehicle would result in an insignificant return, the vehicle will be exempt, and its value will not be included. There is no limit to the number of vehicles that a household can have determined as insignificant resources. Therefore, all vehicles should be checked to determine if they meet the standards for insignificant resources.
A jointly owned vehicle is determined to be an insignificant resource using the entire value of the vehicle instead of the proportionate value.
Significant return for real and personal property is considered to be a profit realized from the sale of at least $1500.
Significant return for vehicles is a profit from the sale after expenses are deducted, of at least $1,500.
Verification of a significant return is required to determine if a resource is exempt or countable.
Verification of the Fair Market Value (FMV) and all expenses necessary to complete the sale must be obtained to calculate if a significant return is likely. 2605.20.05 RESOURCE ELIGIBILITY DATE (S)
For applicants, the resource eligibility determination is based on the available countable resources as of the date of the interview. The eligibility system does not support this policy and uses the first day of the month to determine resource eligibility. Since it is rare for the resources to differ enough to cause the AG to be ineligible for the month of application due to this variance, a fiat must be done under this circumstance.
For open AGs, the projected value of resources for the first day of the recurring month is counted in determining resource eligibility. The projected value is based on the current value plus any new amounts which can reasonably be anticipated to be received and any subtractions that can reasonably be anticipated to occur, by the first of the month.
If the AG reports a resource change during the certification period which exceeds the allowable resource limit, the AG should be given an opportunity to update its entire resource statement. If it declines to do so or the resource value still exceeds the limit, the AG will be closed.
2605.20.10 RESOURCE ELIGIBILITY (C)
The resource eligibility determination is based on resources owned as of the first day of a month. The first day of the month means the first moment of the first day. Therefore, a financial transaction occurring on the first day does not affect the first of the month resource amount.
Resources must be verified as of the first day of the month of application. For the budget month, verification of the most current value of resources must be obtained. The value is then used to project resource eligibility for the following month. 2605.25.00 DETERMINING RESOURCE VALUE
The value of a resource must be determined in order to establish the amount that must be counted toward the resource limit. With a few exceptions, the amount of any resource to be counted is the equity value. Equity value is the current fair market value minus the total amount of liens against the property. (f1)
The exceptions to this procedure are vehicles (Section 2605.25.05) and, in certain instances, real property (Section 2605.25.10). 2605.25.05 VEHICLE VALUATIONS
The fair market value of a vehicle is the lowest "wholesale" value as listed in publications written for the purpose of providing guidance to automobile dealers and loan companies. The National Automobile Dealers Association's (NADA) used car guidebook, or the Red Book published by National Market Reports, Inc. may be used. If these publications are not available, any publication which provides guidance to automobile dealers and loan companies may be used provided they have been updated within the last six months. If the applicant/recipient disputes the "book value" a written statement must be obtained from a licensed automobile dealer.
The AG should be asked to acquire verification of the value of antique, custom made, or classic vehicles, if the eligibility worker is unable to make an accurate appraisal.
If a vehicle is especially equipped with apparatus for the handicapped, the book value is to be assigned as if the vehicle were not so equipped.
If a vehicle is no longer listed in a book due to the age of the vehicle, the AG's estimate of the value of vehicle is to be accepted. If there is reason to believe that the estimate is incorrect, then a written statement must be obtained from a licensed automobile dealer.
Vehicle verification must include verification of the following: • ownership; • License status; • fair market value and • amount owed.
Eligibility workers must keep in mind that equity value will increase with each monthly loan payment. Also, the fair market value may decrease whenever the publication used to establish the value is published. For those recipients who are very close to the resource limit, the value of nonexempt vehicles may have to be verified monthly to ensure that the recipient does not have excess resources as of the first day of a month. 2605.25.10 REAL PROPERTY VALUE
Fair market value is the reasonable price that real property can be expected to sell for on the open market in the geographic area involved. (Refer to 2605.05.00 and 2620.00.00 for definition of real property)
The fair market value (FMV) of real property can be obtained through tax records or from an estimate by a knowledgeable source. When tax records are used, the most recent property tax assessment must be obtained. The fair market value is the assessed value divided by the assessment ratio. The tax assessment cannot be used if: It is more than one year old; It is under appeal; It is based on a fixed rate per acre method; or The taxing authority does not provide an assessment ratio, or only provides a range, for example, between 50% and 75%.
If the eligibility worker questions an estimate from a knowledgeable source, one or more additional estimates are to be obtained and averaged in order to establish the fair market value.
If the lesser value is accepted, it must be entered on Real Property page. The eligibility system calculates the equity based on the worker entered FMV of property, the equity override (EO) field must be answered "Y" to enable the lesser equity to be entered and used by the system in the eligibility determination. 2605.25.10.05
LIFE ESTATE AND REMAINDER VALUE
Life Estate: • A life estate conveys to an individual certain rights in property for his lifetime. The owner of a life estate generally has the right of possession and use of the property, as well as the right to obtain profits from the property and to sell his life estate interest.
Remainder Interest: • When an individual conveys property to one person for life (life estate holder) and to a second person (the remainderman) upon the death of the life estate holder, both a life estate interest and a remainder interest are created in the property. A remainderman cannot sell his interest in the property while the life estate holder is alive unless otherwise specified in the deed. At the death of the life estate holder, the remainderman will hold full title.
The fair market value of a life estate or remainder interest is determined as follows: • Determine the fair market value of the property (Section 2605.25.10) in the usual manner;
• Refer to the Life Estate and Remainder Interest Tables in Section 2605.25.10.10; and • Using the individual's age as of their last birthday, multiply the figure in the Life Estate or Remainder Interest column for that age by the fair market value of the property to obtain the value of the life estate or remainder interest.
Advise the individual or person acting on their behalf of the presumed value of the life estate obtained from the table and provide that individual with the opportunity to submit documentation of a lesser value. Such documentation will be acceptable only if it is provided by a knowledgeable source based on an evaluation of the specific life estate in question.
If the lesser value is accepted, it must be entered on the Real Property page. The eligibility system calculates the equity based on the worker entered FMV of property, the equity override (EO) field must be answered "Y" to enable the lesser equity to be entered and used by the system in the eligibility determination. 2605.25.10.10
LIFE ESTATE AND REMAINDER TABLES
AGE LIFE ESTATE REMAINDER 0 .97188 .02812 1 .98988 .01012 2 .99017 .00983 3 .99008 .00992 4 .98981 .01019 5 .98938 .01062 6 .98884 .01116 7 .98822 .01178 8 .98748 .01252 9 .98663 .01337 10 .98565 .01435 11 .98453 .01547 12 .98329 .01671 13 .98198 .01802 14 .98066 .01934 15 .97937 .02063 16 .97815 .02185 17 .97700 .02300 18 .97590 .02410 19 .97480 .02520 20 .97365 .02635 21 .97245 .02755 22 .97120 .02880 23 .96986 .03014 24 .96841 .03159 25 .96678 .03322 26 .96495 .03505 27 .96290 .03710
28 .96062 .03938 29 .95813 .04187 30 .95543 .04457 31 .95254 .04746 32 .94942 .05058 33 .94608 .05392 34 .94250 .05750 35 .93868 .06132 36 .93460 .06540 37 .93026 .06974 38 .92567 .07433 39 .92083 .07917 40 .91571 .08429 41 .91030 .08970 42 .90457 .09543 43 .89855 .10145 44 .89221 .10779 45 .88558 .11442 46 .87863 .12137 47 .87137 .12863 48 .86374 .13626 49 .85578 .14422 50 .84743 .15257 51 .83674 .16126 52 .82969 .17031 53 .82028 .17972 54 .81054 .18946 55 .80046 .19954 56 .79006 .20994 57 .77931 .22069 58 .76822 .23178 59 .75675 .24325 60 .74491 .25509 61 .73267 .26733 62 .72002 .27998 63 .70696 .29304 64 .69352 .30648 65 .67970 .32030 66 .66551 .33449 67 .65098 .34902 68 .63610 .36390 69 .62086 .37914 70 .60522 .39478 71 .58914 .41086 72 .57261 .42739 73 .55571 .44429
74 .53862 .46138 75 .52149 .47851 76 .50441 .49559 77 .48742 .51258 78 .47049 .52951 79 .45357 .54643 80 .43659 .56341 81 .41967 .58033 82 .40295 .59705 83 .38642 .61358 84 .36998 .63002 85 .35359 .64641 86 .33764 .66236 87 .32262 .67738 88 .30859 .69141 89 .29526 .70474 90 .28221 .71779 91 .26955 .73045 92 .25771 .74229 93 .24692 .75308 94 .23728 .76272 95 .22887 .77113 96 .22181 .77819 97 .21550 .78450 98 .21000 .79000 99 .20486 .79514 100 .19975 .80025 101 .19532 .80468 102 .19054 .80946 103 .18437 .81563 104 .17856 .82144 105 .16962 .83038 106 .15488 .84512 107 .13409 .86591 108 .10068 .89932 109 .04545 .95455 2605.25.10.15
MINERAL RIGHTS VALUE
A mineral right is an ownership interest in certain natural resources such as coal, Sulphur, petroleum, sand, natural gas, and others which are usually obtained from the ground. If the individual owns the land to which the mineral rights pertain, the fair market value of the land can be assumed to include the value of the mineral rights. If the individual does not own the land to which the mineral rights pertain, a fair market value must be obtained from a knowledgeable source such as: • The Bureau of Land Management;
• The U. S. Geological Survey; or • Any mining company that holds leases. 2605.30.00 CONVERSION OF RESOURCES
Whenever a resource is sold or converted from one form to another, the proceeds remain a resource rather than income. Verification concerning the new resource must be obtained.
These exceptions are counted as income: • On-going payments received from the sale for personal property. • On-going payments from land sales contracts (refer to 2615.55.05 for SNAP and 2615.55.10 for CASH) 2605.35.00 VERIFICATION OF RESOURCES
All verification of resources must be obtained from the source (for example, by the bank where the account is held) or through a source document.
Verification of resources is required in all programs. However, the individual's verbal statement as to the amount of cash on hand is sufficient, unless questionable, then a signed statement would be required. (Refer to Section 2615.05.00) When resources are jointly owned, the portion belonging to the individual must be identified and verified. 2605.40.00 MONITORING OF RESOURCES
Each applicant/recipient must be advised of the resource limits of the assistance programs and the responsibility to report any changes in resource amounts which may affect eligibility for assistance.
Resources are verified at each redetermination and must be monitored more frequently if changes are anticipated, or resources are close to the limit. When payments are being made on real property or vehicles, the equity value may require monitoring as each payment will increase the property's equity. Special emphasis must be placed on the need for the recipient to maintain resources within the program's limits in order for assistance to continue. Additionally, eligibility workers are responsible for monitoring resources between redeterminations.
In cases where resources are close to the resource limits, the eligibility worker should check resources frequently or on a monthly basis when necessary. Monthly monitoring of the value of resources would not be required for SNAP assistance groups that are subject to simplified reporting. Refer to Section 2215.05.00. 2610.00.00 RESOURCE LIMITS
The resource limit is the maximum value of nonexempt resources which the AG may retain without affecting eligibility. It is dependent on the composition and living arrangement of the AG and the specific rules that govern each program. An AG with countable resources in excess of the applicable resource limit is ineligible for benefits.
Refer to Section 3005.00.00 for the specific resource limits. 2615.00.00 TYPES AND VALUE OF PERSONAL PROPERTY
This section describes the policy for determining the value of personal property resources. The different types of such resources and their consideration are discussed. 2615.05.00 CASH ON HAND
Cash which is not part of a current month's income is counted as a resource. Cash includes money the individual owns, no matter where it is located. Cash on hand includes: • Amounts carried by the individual; • Amounts the individual has at home and • Amounts held for the individual elsewhere.
Client’s verbal statement declaring the amount of the cash on hand is sufficient verification, unless questionable, then a signed statement would be required.
2615.05.10 CROWDFUNDING ACCOUNTS
Crowdfunding accounts are way to fundraise from multiple people to assist in paying for things
such as medical bills, funeral costs, starting a new business or pet care. If a SNAP OR TANF applicant or AG member is the beneficiary of a crowdfunding account, such
as GoFundMe or Kickstarter, it is considered a liquid asset and is a countable resource (minus
fees) in the budget. Withdrawals from the crowdfunding account are considered unearned income in the month
received and a resource in the month(s) following. This income is to be entered into the
eligibility system as unearned income – other non-exempt.
2615.10.00 BANK AND OTHER ACCOUNTS
Bank accounts refer to funds in a bank, credit union, savings and loan association, or any other financial institution, which are usually payable on demand. Bank accounts may be solely or jointly owned. Joint ownership exists when the right to liquidate the account is shared by more than one individual.
This section provides information on: • Checking and savings accounts; • Time deposits, including IRAs and Keogh Plans; and • Guardianship accounts. 2615.10.05 SAVINGS AND CHECKING ACCOUNTS
It is assumed that all of the funds in a savings or checking account are owned by and available to the individual designated as owner in the account title.
If the account is jointly owned, it is to be presumed that all of the funds belong to each owner. The individuals are to be advised of this presumption and given the opportunity to rebut it. An applicant/recipient who rebuts is responsible for providing proof of ownership of the funds, which includes a record of deposits and withdrawals from the account. Following a successful rebuttal, the funds must be separated and placed in separate accounts. Only the funds belonging to the applicant/recipient will then be counted as a resource.
The resource value of savings and checking accounts is the balance in the account on the date on which eligibility is established, according to the requirements of the specific program. (Refer to Section 2605.20.00) However, when determining the balance of a checking account for resource eligibility purposes, any checks which have not cleared the bank as of the date on which eligibility is determined, are to be subtracted from the balance. The eligibility worker should also subtract any current month's income which has been deposited in the account before entering the amount in the eligibility system. This includes the "direct deposit" benefit check which is sometimes recorded by the bank at the end of one month instead of early in the next month, when it would normally be received.
EXAMPLE:
A "direct deposit" RSDI (Social Security) check shown as a deposit on May 31, but which is truly the June check, will be considered as income for the month of June and will not become a resource until July.
The total value of all bank accounts must be verified at the time of application and at each redetermination. Bank accounts must be verified by documentation obtained directly from the financial institution. In addition to using a bank collateral form, monthly account statements can be utilized to verify bank account balances. 2615.10.05.05
BUSINESS ACCOUNTS (S)
When funds are in a bank account which has been properly identified as a business account, it is assumed that the funds are being used for the operation of the business and are not counted as
a resource. If a business account is not clearly distinguishable from personal resources, such funds must be considered personal resources when determining resource eligibility. 2615.10.05.10
PAYMENT PROCESSING APPS
Applications such as Venmo, Cash App and others of the same nature may be used as a pass through for the purpose of transferring funds from one account to another. If used solely for that purpose, it would not be considered its own resource.
The account to which it is attached must be evaluated for resources and income just as any bank account.
Some of these applications offer banking accounts within the application. In that case, the account(s) would be evaluated for resources and income just as any bank account. It would be important to take note of whether the account within the application is also attached to another bank account, which would also need to be evaluated for resources and income. Eligibility staff must determine how the account is being used at the time of the eligibility interview and identify the account accordingly. 2615.10.10 TIME DEPOSITS
Time deposits held by financial institutions may be solely or jointly owned. If a time deposit is solely owned, the availability of funds is the deciding factor in determining if the time deposit is a resource. A time deposit such as a savings certificate or certificate of deposit usually is available to the individual and is counted as a resource.
When a time deposit is jointly owned and available, the eligibility worker is to presume that all of the funds belong to each owner. The individuals are to be advised of this presumption and given the opportunity to rebut it. An individual who rebuts is responsible for providing proof of ownership of the funds, which includes a record of deposits and withdrawals from the time deposit account. Immediately following a successful rebuttal, the funds must be separated and placed in separate accounts. Only the funds belonging to the individual will then be counted as a resource. If funds are not separated, the balance is counted in its entirety by each joint owner.
Any interest penalties imposed for withdrawing the time deposit funds prior to maturity are deducted from the total amount when determining the value of the time deposit resource. Interest penalties may involve a reduction in the interest rate and/or loss of interest for a short period of time.
In rare instances time deposits cannot be withdrawn prior to maturity under any circumstances. Funds in this type of account are not included as an asset until they reach maturity and become available.
Verification of a time deposit certificate from the financial institution must include information on when the funds can be withdrawn and any penalties for early withdrawal.
2615.10.15 SAFETY DEPOSIT BOX
The applicant/recipient must present to the eligibility worker a signed statement listing all of the contents of a safety deposit box. The contents must then be evaluated in terms of their countability as a resource. 2615.10.20 COMMINGLED FUNDS (S)
Exempt resources that are kept in a separate account and not commingled in an account with other nonexempt funds shall remain exempt indefinitely.
Resources of students and persons who are self-employed that are exempt as mentioned in Section 2615.90.00 and is commingled in an account with other nonexempt funds shall remain exempt over the period they have been prorated as income.
All other exempt resources that are commingled in an account with other nonexempt funds shall remain exempt for six months from the date they are commingled. After the six months all funds in the commingled account must be counted as a resource. 2615.10.25 COLLEGE SAVINGS ACCOUNTS
College Savings Accounts, such as 529 College Savings Plans, are exempt as resources. 2615.10.30 COVERDELL EDUCATIONAL ACCOUNTS
Coverdell Educational Accounts are exempt as resources. 2615.10.35 ABLE ACCOUNTS
ABLE (Achieving a Better Life Experience) accounts, tax-favored savings accounts established to provide secure funding for disability related expenses on behalf of designated beneficiaries deemed disabled before age 26, are exempt as resources. 2615.15.00 RETIREMENT ACCOUNTS
Retirement accounts are financial plans for providing income when employment ends. They may be in the form of Individual Retirement Accounts (IRAs), Keogh Plans, 401K Plans, pensions, annuities, and work-related plans. Also, some profit-sharing plans may qualify as retirement accounts. Savings accounts, checking accounts and certificates of deposits held at banks or credit unions are not retirement accounts. 2615.15.05 RETIREMENT ACCOUNTS (S)
Retirement accounts with tax-preferred status are exempt as resources for SNAP. Other retirement accounts (such as through a financial institution) should be evaluated for availability. Once the account is available for withdrawal, the account is considered as a resource unless otherwise exempt.
The following types of retirement accounts are excluded from consideration as resources regardless of availability (as of Oct. 1, 2008):
IRS Code Plan What is it? Section 401 Traditional Defined- Benefit Plan Employer-based retirement plan that promises retirees a certain benefit upon retirement, regardless investment performance. Section 401(a) Cash Balance Plan Employer-based “hybrid” plan that combines features of defined benefit and defined contribution plans. Each employee is allocated a hypothetical account, but account balances accrue at a specified rate, rather than depending on investment performance. Section 401(a) Employee Stock Ownership Plan Similar to a profit-sharing plan that must be primarily invested in the employer’s stock, and under which distributed benefits must be offered in the form of the employer’s stock. Section 401(a) Keogh Plan “Informal” term for retirement plans available to self-employed people. Section 401(a) Money Purchase Pension Plan Employer-based defined contribution plan under which annual contributions are fixed by a set formula. Section 401(a) Simple 401(k) 401(k)-type plans available only to small businesses: exempt from certain restrictions and subject to some limitations on employer contributions. Section 401(a) Profit-Sharing Plan Employer-based defined contribution plan under
which employer contributions may, but need not be, linked to profits. Usually refers to non- matching employer contributions Section 401 (a) Simple 401 (k) 401(k)-type plans available only to small businesses: exempt from certain restrictions and subject to some limitations on employer contributions. Section 401(a) 401(k) Defined contribution plan that allows employees to defer receiving compensation in order to have the amount contributed to the plan. Commonly referred to as a “cash or deferred arrangement” (CODA). Some 401(k) plans allow after- tax Roth 401(k) Contributions. Section 403(a) 403(a) Plans that are similar to 401(a) plans but Are funded through annuity insurance. Section 403(b) 403(b) Tax-sheltered annuity or custodial account plan offered by tax-exempt section501(c) organizations or public schools. Many are funded by employee contributions that resemble 401(k)s. Section 408 IRA Mechanism for tax- deferred retirement savings controlled by individuals rather than employers. Section 408(p) Simple retirement account IRA. Employer-based IRA (to which employers and employees contribute) available only to small
businesses. Section 408(k) Simplified Employee Pension Plan (SEP) Employer-sponsored plan available only to small businesses; allows employer to contribute to employee accounts that function as IRAs and are subject mostly to IRA rules. Generally ceased to apply in 1996. Section 408A Roth IRA Same as IRA, except that qualified distributions are tax exempt. Section 408 A myRA Same as IRA, except that qualified distributions are tax exempt Section 457(b) Eligible 457(b) Plan Funded plan offered by state and local governments or unfunded plan offered by nonprofit organizations. Section 501(c) 501(c)18 Plan Plan offered mostly by unions. Had to be set by June 1959 and are now largely obsolete. Section 8439 of Title 5 USC Federal Thrift Savings Plan Plan offered by the federal government to its employees.
2615.15.10 RETIREMENT ACCOUNTS (C)
A retirement account is an available resource to an individual if there is the option of withdrawing an amount for any reason, despite not yet being eligible for periodic payments. However, a retirement account is not considered an available resource if an individual must terminate employment in order to obtain any payment.
The value of a retirement account is the amount that the individual can currently withdraw less any penalty for early withdrawal. Taxes due are not deducted from the retirement account's value. Verification is to be obtained from the administrator of the retirement plan.
Another type of retirement account is intended for self-employed individuals and is often referred to as a Keogh plan. Funds on deposit in Keogh Plans are counted as resources if the plan does not involve a contractual obligation with anyone who is not an AG member. If the plan includes a contractual obligation with a non-AG member, the money may not be accessible to the AG
member and, therefore, is an unavailable resource. The value is the total amount of the Keogh less any withdrawal penalty. 2615.20.00 BURIAL RELATED RESOURCES
Burial related resources include various methods for reserving funds for burial such as prepaid funeral agreements, funeral trusts, life insurance, and burial accounts on deposit in financial institutions. Each assistance program has specific requirements regarding burial related resources. In evaluating any of these entities as resources, eligibility workers must carefully apply resource eligibility principles applicable to each program. 2615.20.10 FUNERAL PLANNING PROGRAMS (S)
There are various methods by which an individual may reserve funds for burial, such as burial accounts, prepaid funeral agreements, funeral trusts, and life insurance
In most situations, the determination of availability of funds reserved by any type of prepaid funeral arrangement will be based on whether the contract is revocable or irrevocable. However, a prepaid funeral agreement does not become irrevocable until 30 days after the contract is signed by the purchaser and seller, unless the 30-day period is waived as described below. (f2) During the 30-day waiting period the contract can be revoked, and a revocable contract is a countable resource except in the circumstances explained in Section 2615.20.10.05.
If the funeral agreement was established on or after July 1, 1997, and includes a waiver of the 30- day waiting period or similar language making the trust immediately irrevocable, the funds in the trust are unavailable and exempt beginning on the date the agreement is signed. When necessary, the attorney for the Local Office should be consulted.
EXAMPLE:
Client signs a prepaid funeral agreement on 7/12. The contract is revocable for 30 days, so the value of the agreement is a countable resource for 8/1. The contract becomes irrevocable 30 days after signing, so the value is unavailable and, therefore, not a countable resource for 9/1.
When an irrevocable assignment of life insurance (an action which eliminates the owner's right to obtain the cash surrender value) is involved as a means of funding an irrevocable funeral trust, the eligibility worker must verify two dates: • The date of the assignment; and • The date the insurance company accepted the assignment.
The date of a legally executed irrevocable assignment of a life insurance policy which will fund a funeral trust is the date that the cash surrender value is considered to be unavailable, provided that the home office of the insurance company subsequently accepts the assignment.
2615.20.10.05
PREPAID FUNERAL AGREEMENTS (S)
The cash value of a prepaid funeral agreement with a funeral home is exempt as a resource, up to a maximum of $1500. One such exemption is allowable for each member of the AG. The amount of cash value exceeding $1500 must be counted as a resource.
However, any prepaid funeral agreement must be reviewed to verify not only its value, but its terms. A determination must be made as to whether the agreement is revocable or irrevocable. Per Indiana statute, a prepaid funeral agreement does not become irrevocable until 30 days after the contract is signed by the purchaser and seller. (f3) During the 30-day waiting period the contract can be revoked. The Local Office attorney may be consulted in the determination of revocable or irrevocable. The value of any type of prepaid funeral agreement is considered available to the individual if the contract is revocable; however, the $1500 exemption explained above is applicable. Refer to Section 2615.20.15 for information regarding funeral trusts.
Funds set aside in a financial institution and designated for burial are counted as a resource to the individual. 2615.20.15 FUNERAL TRUSTS
A valid irrevocable Indiana funeral trust is an exempt resource regardless of the value of the trust.
Indiana's funeral trust statute is found at I.C. 30-2-10 et seq. and applies to funeral trusts established on or after July 1, 1982. I.C. 30-2-9 et seq. is applicable to funeral trusts established after June 30, 1978, but before July 1, 1982. The DFR must determine that an Indiana funeral trust is valid and irrevocable in accordance with the criteria specified in the applicable statute. The value of the trust must also be verified.
Interest earned on an irrevocable trust is also exempt if the interest accrues to the principal of the trust.
Irrevocable funeral trusts may be reviewed by the DFR attorney if necessary.
A funeral trust established in a state other than Indiana must be evaluated in terms of that state's laws. Such a trust may or may not be irrevocable. 2615.20.20 BURIAL PLOTS (S)
A burial space that is purchased for the burial of an AG member is exempt. Only one burial space is allowed per AG member. (f4) 2615.20.20.05
BURIAL PLOTS (C)
A burial plot for each participating member of the AG is exempt. This includes a conventional gravesite, crypt, mausoleum, urn, or any other type of repository. (f5)
2615.25.00 INSURANCE
Insurance policies owned by an individual may affect eligibility and must be identified and evaluated. Some types of insurance that may be taken into consideration are: • Life Insurance; • Casualty Insurance; and • Indiana Long Term Care Insurance
Sections 2615.25.05.05 through 2615.25.15 discuss how these types of insurance are treated in the eligibility determinations for the different assistance programs. 2615.25.05 LIFE INSURANCE
The following definitions are pertinent in the consideration of life insurance as a resource: • The insured is the individual whose life is covered by the policy. • The beneficiary is the individual or entity named in the contract to receive the proceeds of the policy upon the death of the insured. • The owner is the individual who has all rights and privileges of the contract and has the absolute right to liquidate the policy, exercise policy loans, change beneficiary, elect settlement options, determine the manner in which dividends will be treated, or any other rights and privileges granted in the policy. • The face value is the amount stated as such on the face of the policy. • The cash surrender value (CSV) is the amount which the insurer will pay upon cancellation of the policy before death or maturity. This value usually increases as more premiums are paid toward the policy.
There are various types of life insurance. However, not all types of life insurance have cash value (for example, term insurance). Policies which have no cash value prior to payment of the death benefit are not counted in the resource determination.
The CSV of insurance is available to the owner unless assigned or in some other manner transferred on the records of the insurance company to the insured or another person. Therefore, insurance is to be considered a resource to the owner and not to the insured if the specific assistance program takes the CSV into consideration. 2615.25.05.05
LIFE INSURANCE (S)
The cash surrender value of life insurance policies is exempt. No verification is required. Once cashed, the amount obtained is a countable resource. (f6) 2615.25.05.10
LIFE INSURANCE (C)
The Cash Surrender Value (CSV) of a life insurance policy is counted as a resource if the owner is the applicant/recipient or a person whose resources are deemed to the AG.
The owner of a life insurance policy may be indicated on the policy; however, verification of the CSV must be obtained from the insurance company. As this will usually take several weeks, the eligibility worker must be sure to follow up and, whenever possible, should enlist the assistance of the applicant/recipient and the local insurance office or agent.
Awaiting verification of the cash surrender value is a valid extenuating circumstance for pending a case beyond the time standard. If there is no possibility that the CSV will cause excess resources (for example, the policy has been in force a short time and the person's other resources are minimal), the application can be approved prior to receipt of verification of the CSV. Efforts to obtain the CSV, however, must be continued.
The CSV must be verified at each redetermination. In cases where resources are close to the resource limits the eligibility worker should check resources frequently; at a minimum, on a monthly basis. It is recommended that, at the time of application, eligibility workers request that the insurance company verify future cash surrender values as well as the current CSV. 2615.25.10 CASUALTY INSURANCE (C)
The proceeds (including interest earned) of casualty insurance received as a result of damage, destruction, loss, or theft of exempt real or personal property are not to be counted as a resource if the applicant/recipient demonstrates that the proceeds are being used to repair or replace the property. (f7) 2615.30.00 HOUSEHOLD GOODS AND PERSONAL EFFECTS
Household goods and personal effects are exempt as resources. (f8) Household goods are items of personal property customarily found in the home and used in connection with the maintenance and occupancy of the home. They include (but are not limited to) furniture, appliances, kitchen utensils, linens, and television sets.
Personal effects are those items of personal property which are worn or carried by an individual. Some examples are clothing, jewelry, and hobby items. 2615.35.00 INCOME PRODUCING PERSONAL PROPERTY
Income producing personal property consists of items such as farm machinery, livestock, tools, equipment, a vehicle used in a business, business inventory, and furnishings and appliances included with a rental unit.
Such personal property may be solely or jointly owned. If an applicant/recipient jointly owns personal property with another applicant/recipient of any assistance group (AG), for any program, proportionate shares of the property are to be assigned to the joint owners and considered as a resource in accordance with the program requirements. (Refer to Section 2605.10.05)
When a non-recipient is one of the joint owners of real or personal property, the availability of the applicant/recipient's proportionate share must be determined. If the applicant/recipient's
proportionate share is available, it is to be considered a resource as required by the specific assistance category, as discussed in the following sections. 2615.35.05 INCOME PRODUCING PERSONAL PROPERTY (S)
Work related equipment, such as the tools of a tradesman or the machinery of a farmer, which is essential to the employment or self-employment of an AG member, is exempt. (f9)
The equipment of a farmer remains exempt for one year after termination of the farm self- employment.
The entire value of any licensed vehicle such as, but not limited to, a taxi, tractor, or fishing boat, is excluded if one of the following apply: • The vehicle is used primarily (over 50% of the time the vehicle is used) for income producing purposes. Vehicles owned by farmers meeting this criterion remain exempt as a resource for one year from the date self-employment from farming is terminated. • The vehicle annually produces income consistent with its fair market value, even if used only on a seasonal basis; or • The vehicle is necessary for long distance travel, other than daily commuting, that is essential to the employment of an AG member; for example, the vehicle of a traveling salesperson or a migrant farm worker following the work stream.
The exemptions will also apply during temporary periods of unemployment when the vehicle is not in use; for example, if a taxi driver is ill or if a fishing boat is frozen in the harbor. 2615.35.10 INCOME PRODUCING PERSONAL PROPERTY (C)
The equity value of farm or business equipment is a countable resource. 2615.40.00 PERSONAL PROPERTY USED TO PRODUCE FOOD (C)
Personal property necessary for the production of food for home consumption is also exempt as a resource. (f10) This would include such things as garden equipment, farm implements, chickens, and livestock. 2615.45.00 STOCKS, BONDS, AND MUTUAL FUND SHARES
Stocks, mutual fund shares, and bonds may be solely or jointly owned. If jointly owned, refer to Section 2605.10.05 for instructions regarding personal property. Stocks, mutual fund shares, and bonds are considered in the eligibility determination as follows: • Stocks and Mutual Fund Shares o The current market value of shares of stock and mutual fund shares can be verified by reviewing the closing or "bid" price listed in the financial section of the newspaper, or by contacting a brokerage firm. The value to be considered as a
resource is the current market value less the legitimate expenses related to the sale of the shares. • Municipal, Corporate, and Government Bonds o A bond is a written obligation to pay a sum of money at a future specified date. It is a negotiable instrument and is transferable. o The eligibility worker must verify the current market value of bonds by contacting a securities dealer. As with stocks and mutual fund shares, expenses related to the sale of a bond must be deducted from the current market value to determine the cash value to be counted as a resource. • United States Savings Bonds o A United States Savings Bond is an obligation of the federal government but, unlike other government bonds, it is not transferable in that it can only be sold back to the government. o Although many bonds have a table of values on the reverse side of the bond, it is often inaccurate because the interest rate may have changed since the bond was issued. Therefore, the eligibility worker should contact a bank to verify the current value. Also, the Department of Treasury's web site can be used to calculate the value of bonds. Home — TreasuryDirect (www.treasurydirect.gov)
2615.45.05 CRYPTOCURRENCY/VIRTUAL CURRENCY (S)
Cryptocurrency/virtual currency is a non-exempt, non-excludable resource. It is not considered legal tender nor is it considered a household goods or personal effect. It can be used to obtain goods and services, but some virtual currency can be exchanged for real currency. (f11) 2615.45.05.05
DETERMINING VALUE OF CRYPTOCURRENCY/VIRTUAL CURRENCY (S)
For the purposes of determining SNAP eligibility, the value of available resources is determined at the time of interview; therefore, the current market value of cryptocurrency/virtual currency (such as Bitcoin, Litecoin, etc.) should be determined at the time the household is interviewed. The applicant/recipient needs to provide a current account statement showing the number of virtual coins owned.
If the virtual currency is listed on an exchange, the value should be determined by using that exchange. If the virtual currency is not held on an exchange, utilize www.coinbase.com to determine the value. The exchanges website and the exact exchange rate at the time of verification must be documented in case notes. (f12) 2615.50.00 MORTGAGES, LOANS, AND PROMISSORY NOTES
A negotiable mortgage, loan, or promissory note held by an individual is a countable resource. Such items are negotiable when they can be sold (there is no legal barrier to the transfer of ownership). The value counted as a resource is the amount of the outstanding principal balance. Also, any payment received on the principal is a resource. The interest portion of any such payment is unearned income.
If the mortgage, loan, or note is non-negotiable, it is not a resource. In that case total payments received, whether principal or interest, are unearned income.
A mortgage, loan, or promissory note should be reviewed to resolve questions of negotiability. If the worker is unsure, management should be consulted. If necessary, the issue can be sent to Policy via a Policy Answer Line (PAL). Policy will then consult with legal if needed. 2615.55.00 LAND SALES CONTRACT
A land contract must be evaluated according to the requirements of each assistance category. Property which is being sold on contract is to be entered in the eligibility system. 2615.55.05 LAND SALES CONTRACT (S)
Sales contracts for the sale of land or buildings are not counted as resources to the owner of the contract if it is producing income consistent with its fair market value. (f13) 2615.55.10 LAND SALES CONTRACT (C)
When an applicant/recipient is the owner of a contract for the sale of real property, the equity value of the contract is counted toward the resource limit of the AG.
The equity value is equal to the principal balance remaining to be paid on the contract, which is referred to as a land contract or installment contract.
The equity value of a contract is to be considered a resource except when the contract contains a clause that prohibits the owner from selling or transferring the contract. In such an instance, the equity value is exempt. However, the portion of the periodic payment that represents payment toward the principal is counted as a resource.
EXAMPLE:
A TANF applicant contracted to sell a piece of real estate for $15,000. To date, $8700 has been paid on the principal. The remainder, $6300, is considered a resource to the applicant.
2615.60.00 VEHICLES
Each assistance program has different requirements for considering vehicles. Requirements may differ between the categories. The following sections describe how to determine the resource value of vehicles.
2615.60.05 DEFINITION OF VEHICLE
A vehicle is any conveyance that provides transportation or conveyance of persons or goods from place to place. Automobiles, trucks, vans, motorcycles, mopeds, boats, snowmobiles, and so forth are classified as vehicles. 2615.60.10 EXEMPT VEHICLES (S)
Federal regulations allow States to align vehicle exemptions with other programs. In Indiana, SNAP rules match the Child Care Program guidelines in determining values for vehicles. All vehicles are basically considered as exempt if used for or intended to be used for household transportation. Therefore, most vehicles should be considered as household transportation unless the AG claims the vehicle is specifically used for another purpose. For example: an AG states the car is a classic and only used to take to car shows.
Vehicles can also be totally exempt if one of the following applies: (f14) • The vehicle is used primarily (over 50% of the time the vehicle is used) for income producing purposes. Vehicles that meet these criteria and are owned by farmers remain exempt as a resource for one year from the date that self-employment from farming is terminated. • The vehicle annually produces income consistent with its fair market value, even if used only on a seasonal basis. o The exemptions will also apply during temporary periods of unemployment when the vehicle is not in use; for example, if a taxi driver is ill or if a fishing boat is frozen in the harbor. • The vehicle is necessary for long distance travel, other than daily commuting, that is essential to the employment of an AG member, such as the vehicle of a traveling salesperson or a migrant farm worker following the work stream. • The vehicle is used as the AG's home. • If the AG has a disabled member requiring transportation, that AG is entitled to vehicle exclusion. The exemption is limited to one vehicle per physically disabled member. o A member is considered to be disabled if the individual meets the criteria in Section 3210.10.25.05. A member is also considered to be disabled if the eligibility worker determines that the individual has a permanent or temporary physical disability. If the person appears to be disabled, no further verification is required. o If the person does not appear to be disabled and a physical disability is claimed, then the AG shall be required to provide a statement from a physician. • The value of vehicles necessary to carry the primary source of fuel for heating or water for home use is exempt. o This exception is only allowed when it is anticipated that the transported fuel or water will be the AG's primary source of fuel or water during the certification period. The AG should not be required to provide verification of the use of the vehicle unless the basis for the exclusion is questionable.
Vehicles used for household transportation are exempt, regardless of value, licensing status, or condition. The caseworker and the client must assign a scrap or junk value for inoperable vehicles that are not used for transportation. The book value assigned by the system must not be used for these vehicles. 2615.60.10.05
NON-EXEMPT VEHICLES (S)
All licensed vehicles not exempted for a reason in Section 2615.60.10 shall individually be evaluated for fair market value. See Section 2605.25.05 for instructions in determining the fair market value of vehicles.
All non-exempt licensed vehicles which are not used for transportation shall be assigned both a fair market value in excess of $4650 and an equity value. Equity value is fair market value (FMV) minus any liens. The greater of the two amounts is counted as a resource. 2615.60.10.10
UNLICENSED VEHICLES (S)
An unlicensed vehicle which is not exempt is to be evaluated for equity value. The equity value is counted toward the AG's resource level. 2615.60.15 TREATMENT OF VEHICLES (C)
Each AG is allowed an exclusion of $10,000 of the equity in one vehicle until 6/30/2022. (f15) Equity is the vehicle's fair market value less any liens.
If more than one vehicle is owned, the equity in each vehicle is to be determined. Since the $10,000 disregard can be applied to only one vehicle, it is to be applied to the vehicle with the highest equity value. No amount is excluded from the equity value of the remaining vehicle even if the value of the first vehicle is less than the $10,000 disregard.
Effective 7/1/2022, each AG will be allowed an exclusion of $20,000 of total equity value in motor vehicles that belong to one or more members of a child’s family. 2615.60.25 RECREATIONAL VEHICLES AND EQUIPMENT
Recreational vehicles such as campers, trailers, and boats must be counted according to their current equity value.
If the recreational or other vehicle serves as the AG's home, it should be evaluated according to the guidelines in Sections 2620.15.05 and 2620.15.10. 2615.65.00 NON-RECURRING LUMP SUM PAYMENTS
A lump sum payment may include retroactive benefits such as SSI, Social Security, and VA benefits. A lump sum may also be a refund of Medicare Part B premiums, an insurance settlement, an inheritance, or other such nonrecurring payment.
For TANF (f16) and SNAP eligibility purposes, lump sum payments are considered resources except for certain recurring lump sum payments. (See Section 2880.05.00 for income policy.) 2615.65.05 LUMP SUM PAYMENTS
Non-recurring lump sum payments are considered resources. Non-recurring lump sum payments are counted as resources starting in the month received, unless specifically excluded from consideration as a resource by other federal laws. Non-recurring means this payment is not expected to be received as a lump sum again. It is a one-time only payment.
At the time it is anticipated or known that a certain lump sum payment will be received more than once it is considered recurring and counted as income to the AG (see Section 2880.05.00).
If a reported lump sum added to existing resources exceeds the allowable resource limit, the AG should be given an opportunity to provide updated verification of current resources. If the AG declines to do so, or the amount of resources still exceeds the limit, assistance will be discontinued.
At application point, eligibility for the budget month, is determined based on resources owned on the date of the interview. 2615.75.00 TRUST FUNDS
All trusts which involve a member of the AG must be carefully evaluated to determine whether the trust principal will be counted as a resource. 2615.75.05 TRUST FUNDS (S)
Any funds in a trust (or transferred to a trust), the income produced by that trust will be considered inaccessible to the AG if all four of the following criteria apply: • The trust arrangement is not likely to cease during the certification period, and no AG member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period. • The trustee administering the funds is either: o a court, or an institution, corporation, or organization which is not under the direction or ownership of any AG member; or o an individual appointed by the court who has court-imposed limitations placed on his use of the funds. • Trust investments made on behalf of the trust do not directly involve or assist any business or corporation under the control, direction, or influence of an AG member. • The funds held in irrevocable trust are either:
o established from the AG's own funds, if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational; or o medical expense of any person named by the AG creating the trust; or o established from non-AG funds by a non-AG member.
* One example of an exempt trust would be an Arc Trust which is a trust administered by
The Arc of Indiana for an individual with special needs. 2615.75.10 TRUST FUNDS (C)
Trust funds are normally considered available if the recipient is the creator (settlor) of a revocable trust. Questions regarding the availability of trust funds are to be referred to the DFR attorney for a decision. 2615.80.00 LEGAL GUARDIANSHIP/REPRESENTATIVE PAYEE (C)
An individual who serves as legal guardian/representative payee for another person is responsible for administering that person's funds and will be listed in bank records as having access to the person's bank accounts.
Resources that are managed by an individual's legal guardian, representative payee, or other person acting as an agent on behalf of the applicant/recipient are counted as resources to the individual.
The resources are not counted as being available to the guardian/payee for their own use. However, the resources must be held in a form that clearly shows the resource belongs to another individual. For example, a bank account that is held by the guardian/payee must be clearly designated as being administered by the guardian/payee on another person's behalf. 2615.80.05 GUARDIANSHIP ACCOUNTS (S)
Any funds held by a guardian on behalf of another AG member or ineligible member shall be considered inaccessible as indicated in the court order.
If the document establishing the guardianship designates that funds can be withdrawn for specific reasons (clothing, medical expenses) or a certain amount can be withdrawn each year the funds are not countable unless/until they are withdrawn. 2615.85.00 RETROACTIVE PAYMENTS (S)
Payments for a past period of time are always considered resources. If a retroactive payment is received in addition to a payment for a current month, only the retroactive payment is a resource; the current month payment is income. (Refer to Section 2615.65)
2615.90.00 PRORATED INCOME
Income that is prorated (educational income, self- employment income) cannot be counted as a resource for any month during the prorated period. (f17) 2620.00.00 TYPES AND VALUE OF REAL PROPERTY RESOURCES
Real property consisting of land, which includes buildings or immovable objects attached permanently to the land, is to be evaluated as a resource according to the requirements of each assistance category. 2620.05.00 REAL PROPERTY OWNERSHIP
Real property is to be considered as a resource according to the requirements of each assistance category and the type of ownership of the property. (Refer to Sections 2605.05.00 and 2605.25.10.) Ownership of real property can consist of an interest in the title as follows: • Sole Ownership: o When property is solely owned by one individual, only the individual or their legal guardian may sell the ownership interest without conditions imposed by others. The individual is legally entitled to all income which may be generated from the property. • Joint Ownership: o Joint ownership is the holding of property by two or more persons who have an equal interest in the whole property. At the death of one of two joint owners, the survivor usually becomes the sole owner. At the death of one of three or more joint owners, the survivors become joint owners. o If an applicant/recipient jointly owns real property with another applicant/recipient of any assistance program, proportionate shares of the property are to be assigned to the joint owners and considered as a resource in accordance with the program requirements. o When a non-recipient is one of the joint owners of real property, the availability of the applicant/recipient's proportionate share must be determined. (Refer to Section 2605.15.00.) If the applicant/recipient's proportionate share is available, it is to be considered a resource as required by the specific assistance program. If the applicant/recipient's proportionate share is not available, the resource is exempt. • Ownership in Common: o An ownership in common is the holding by two or more persons of separate titles in the same real estate. Each owner has a divided interest in the whole property. There is no right of survivorship to an ownership in common. It is not a joint ownership. • Ownership by the Entirety: o Ownership by the entirety refers to property owned by two spouses whereby each member has ownership interest in the whole property which is indivisible. Upon the death of one, the survivor becomes sole owner. When a marriage has
been legally dissolved, the former spouses become owners in common of the property.
Ownership of real property can also consist of a legal right to the use of property without having title to it, as follows: • Life Estate: o A life estate conveys to an individual certain rights in property for life. The owner of a life estate generally has the right of possession and use of the property, as well as the right to obtain profits from the property, and to sell the life estate interest. However, the deed establishing the life estate may restrict one or more rights of the individual. Ownership of a life estate interest may affect eligibility for certain assistance programs. (Refer to Section 2605.25.10.05.) • Remainder Interest: o When an individual conveys property to one person for life (life estate holder) and to a second person (the remainderman) upon the death of the life estate holder, both a life estate interest and a remainder interest are created in the property. A remainderman cannot sell their interest in the property while the life estate holder is alive, unless otherwise specified in the deed. At the death of the life estate holder, the remainderman will hold full title. (Refer to Section 2605.25.10.05.) • Reversion Interest: o When an individual owner conveys property to another person for life (life estate holder) and to themself (the reversioner) upon the death of the life estate holder, both a life estate interest and a reversion interest are created in the property. A reversioner cannot sell the property while the life estate holder is alive. At the death of the life estate holder, the reversioner will hold full title. (Refer to Section 2605.25.10.05.) 2620.10.00 VERIFICATION OF REAL PROPERTY OWNERSHIP
Ownership of real property can be verified from one or more of the following sources: • deed; • mortgage; • property tax receipts (current only); • county treasurer's records; or • title search. 2620.15.00 EXEMPT REAL PROPERTY RESOURCES
Certain real property is exempt from being considered as a resource. This determination is program specific so that the exemption or non-exemption of real property must be in accordance with program requirements as explained in the following passages. 2620.15.05 THE HOME
The home occupied by the AG and surrounding property which is not separated from the home by intervening property owned by others is exempt.
Public rights of way, such as roads which run through the surrounding property and separate it from the home, will not affect the exemption of the property.
Buildings on the lot, such as sheds, outbuildings, and garages are also exempt. 2620.15.05.05
TEMPORARILY UNOCCUPIED HOME
The home and surrounding property remains exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, vacation, or uninhabitable due to casualty or natural disaster.
In addition, the AG must intend to return if the home is to remain exempt. If the AG does not already own a home, the value of a lot purchased for construction of a home or placement of a trailer is exempt. If the new home is partially completed, the value of it is also exempt. 2620.15.10.05
HOME REPLACEMENT (C)
The proceeds from the sale of an exempt home can also be exempt from consideration under certain conditions. If, within a specified time period, the proceeds are used (or obligated to be used) to purchase a replacement home and cover the costs incurred in occupying it, the proceeds can be disregarded.
The individual must be committed to the transactions within the "home replacement period", the time period beginning with the date of the receipt of the proceeds and ending on the last day of the third full month following receipt of the funds. 2620.15.15 INCOME PRODUCING REAL PROPERTY (S)
Certain types of non-homestead properties are exempt as explained below: • Property is exempt which annually produces income consistent with its fair market value even if used only on a seasonal basis, such as time share property. Vacation homes which do not produce income consistent with the fair market value are not exempt. • When it is necessary to determine if property is producing income consistent with its fair market value, the worker may contact local realtors, local tax assessors, the Small Business Administration, Farmers Home Administration, or other similar sources to determine the prevailing rate of return, e.g., square foot rental for similar usage or real property in the area. • Property such as farmland and rental homes which is essential to the employment, or the self-employment of an AG member is exempt. • Property exempt for the self-employment of a farmer remains exempt for one year after the termination of the self-employment. • Rental homes which are used by AGs for vacation purposes at some time during the year which annually produce income consistent with their fair market value are exempt.
• Installment contracts for the sale of land or buildings (if the contract or agreement is producing income consistent with its market value) are exempt. The value of the property sold under the installment contract or held as security in exchange for a purchase price consistent with the fair market value of that property is also exempt. 2620.20.00 TREATMENT OF NON-EXEMPT REAL PROPERTY
Real property that is not classified as exempt is taken into consideration in the resource eligibility determination. Non-exempt real property must be considered under the requirements of each assistance program as explained in the following passages. 2620.20.05 COUNTING NON-EXEMPT REAL PROPERTY (S)
The equity value (fair market value minus liens) of nonexempt real property is to be counted as a resource.
However, real property that the AG is making a good faith effort to sell at a reasonable price is exempt as a resource. The eligibility worker must verify that the property is for sale and that a reasonable offer for the property has not been refused. Verification may be obtained through a collateral contact, a newspaper ad, or a real estate broker. 2620.20.15 EXEMPTION OF REAL PROPERTY (C)
The equity value of any real property other than the home is a resource and must be counted toward the resource limitation. If the AG has excess resources due to the equity value of non- exempt real property, the property can be exempted for one six-month period if the owner is willing to offer it for sale and agrees to repay Cash Assistance received during the period that the property is exempted. • If the applicant/recipient is unwilling to offer the property for sale, the case is to be denied/discontinued due to excess resources. • If the applicant/recipient chooses to comply, or if the property is already up for sale, State Form 37588/FI-0118, Agreement to Offer Property for Sale and Repay Public Assistance, must be signed. The signature on the form must be witnessed by an eligibility worker. The date that the agreement was signed must be entered in the eligibility system. • State Form 37588/FI-0118 is a twofold agreement. First, the owner of the property must agree to offer it for sale. Second, there is an agreement to repay assistance that was received during the disposal period.
Assistance can be awarded upon the signing of the Form 118 if all other eligibility factors are met. The property must be offered for sale within 30 days of the date the Local Office mails the notice of eligibility or of the date the Form 118 is signed, whichever is later.
The eligibility system will monitor the 30-day period that is allowed to actually offer the property for sale or rent and will issue an alert. The owner must list the property with a realtor or place a sign in a conspicuous location on the property. The sign must clearly indicate the property is for
sale and provide instructions for contacting the seller. The selling price should be a reasonable figure reflecting the fair market value of the property.
Within the 30-day limit, the eligibility worker must verify and document in the case record that the property has been offered for sale. Use of Form 118, Report on Property for Sale or Rent, is suggested, but not mandatory. The eligibility worker must also stress to the recipient the responsibility to notify the agency when the property is sold.
When the Form 118 is signed and the property is offered for sale, the equity value of the property is exempted as a resource for up to six months. The six-month disposal period begins on the date Form 118 is signed. It ends on the last day of the sixth month.
The AG is entitled to only one six-month disposal period. (f18) This total can be accumulated during one unbroken six-month period or in increments if there is intermittent assistance. 2620.20.15.05
PROPERTY NOT MARKETED WITHIN 30 DAYS (C)
If an applicant/recipient signs Form 118 but does not then offer the property for sale within 30 days, the case must be discontinued. (Refer to Section 2620.20.15.) Timely notice must be issued early enough to allow an effective date for the action which is the first of the month after the expiration of the 30-day marketing period. The reason for discontinuance would be excess resources. Cash benefits paid during this period are overpayments. 2620.20.15.10
OVERPAYMENT CALCULATION AFTER PROPERTY SALE (C)
In the event the exempted property sells, there must be a determination of the net proceeds to the recipient. Net proceeds are defined as the gross selling price minus all expenses relating to the sale of the property, for example, realtor and/or attorney fees, taxes, liens, closing costs paid by the seller, and so forth.
If the net proceeds, combined with all other resources from the original resource determination, are within the resource limit, no overpayment would exist. Continuing eligibility must be determined. 2620.20.15.15
PROPERTY UNSOLD AFTER SIX MONTHS (C)
If the exempted property is marketed for six months and fails to sell, its equity value must, at that point, be counted toward the resource limitation. Eligibility for continuing payments ceases unless the recipient no longer has excess resources due to the disposal of resources other than the property.
If assistance is to be discontinued, timely notice must be issued to make the effective date of discontinuance the first of the month after the six-month disposal period ends. If the AG becomes
ineligible for other reasons during the disposal period, the case is to be discontinued in the usual manner.
Regardless of whether ineligibility occurs during the six-month period or afterwards, the amount of the resulting overpayment may not be calculated, nor may recovery be initiated until the property is sold. The situation must be monitored regarding a continuing good faith effort to dispose of the property. When the property is sold, recovery of the overpayment should be initiated.
If the net proceeds, together with all other resources from the original resource determination, exceed the resource limit, there is an overpayment. The amount to be recovered, however, cannot exceed the net proceeds from the sale of the property. Continuing eligibility based on current resources and all other factors must be determined.
The recovery of any overpayments unrelated to the sale of the property and the conditional payment agreement, such as an overpayment resulting from unreported earnings, would not be delayed pending the sale of the property. 2625.05.00 PLAN FOR ACHIEVING SELF-SUPPORT (S)
Resources necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) under SSI are exempt. 2627.00.00 HEALTH SAVINGS ACCOUNTS
Health Savings Accounts are exempt as a resource if the account is restricted to use for qualified medical expenses only. The terms of the Health Savings Account are required to be verified to determine if the account can be used for purposes other than qualified medical expenses. 2630.00.00 RESOURCES EXEMPTED UNDER FEDERAL LAW
Each program has specific resources which are exempt by federal law. These exemptions are discussed in the following sections. 2630.05.00 BENEFITS UNDER FEDERAL NUTRITION PROGRAM
Certain benefits which are intended to meet the nutritional needs of low-income individuals are exempt. (f19) 2630.05.05 WIC BENEFITS
Benefits received through the Women's, Infant's, and Children's (WIC) Program are exempt. (f20) These payments are usually made through vouchers and can be used to purchase specific items for pregnant or nursing women and young children.
2630.05.10 OLDER AMERICANS ACT (C)
Benefits received under Title VII (7), Nutrition Program for the Elderly of the Older Americans Act of 1965, as amended, are exempt. (f21) 2630.05.15 CHILD NUTRITION ACT (C)
The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, is exempt. 2630.05.20 NATIONAL SCHOOL LUNCH ACT (C)
The special food service program for children under the National School Lunch Act, as amended, is exempt. 2630.05.25 SNAP BENEFITS/COMMODITIES
The value of SNAP benefits and the value of United States Department of Agriculture donated foods (surplus commodities), are exempt. 2630.10.00 HUD ASSISTANCE
Housing assistance paid directly or indirectly by HUD under the following is exempt: • The Housing Authorization Act of 1976 with respect to a dwelling unit under the United States Housing Act of 1937, as amended (Sections 8, 10, and 23 and the Experimental Housing Allowance Program); • The National Housing Act (loans for housing renovation, mortgage insurance, and investment insurance); • Title V of the Housing Act of 1949 (loans to elderly individuals, farmers, and developers for the construction, improvement, or replacement of farm homes and other buildings); and • Section 101 of the Housing and Urban Development Act of 1965 (payments to certain mortgagors on behalf of tenants with low income who are displaced by government action, age 62 or over, physically handicapped, living in substandard housing, present or past tenants of dwellings damaged or destroyed by disaster, or whose head of the household is on active duty with the armed forces). (f22) 2630.15.00 RELOCATION ASSISTANCE ACT PAYMENTS
Relocation assistance provided under Title II (2) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 is exempt. (f23)
2630.20.00 HOME ENERGY ASSISTANCE PAYMENTS
Payments received through the Home Energy Assistance Program (EAP) are exempt. (f24) 2630.25.00 ASSISTANCE FOR CERTAIN INDIAN TRIBES/ALASKAN NATIVES
The following Section discusses federal law pertaining to Indian tribes and Alaska natives.
P.L. 92-203, section 29, dated 1/2/76, the Alaska Native Claims Settlement Act, and Section 15 of P.L. 100-241, 2/3/88, the Alaska Native Claims Settlement Act Amendments of 1987: • All compensation (including cash, stock, partnership interest, land, interest in land, and other benefits) received under this Act are excluded from income and resources.
P.L. 93-134, the Judgment Award Authorization Act, as amended by P.L. 97-458, Section 1407, 11/12/83 and P.L. 98-64, 8/2/83, the Per Capita Distribution Act.
P.L. 97-458: • required the exclusion of per capita payments under the Indian Judgment Fund Act (judgment awards) of $2000 or less from income and resources. The exclusion applies to each payment made to each individual. Initial purchases made with exempt payments distributed between 1/1/82 and 1/12/83 is excluded from resources to the extent that excluded funds were used.
P.L. 98-64: • extended the exclusion to cover per capita payments from funds which are held in trust by the Secretary of Interior (trust fund distributions).
P.L. 93-531, Section 22: • Relocation assistance payments to members of the Navajo and Hopi Tribes are excluded from income and resources.
P.L. 94-114, Section 6 • Income derived from certain sub marginal land held in trust for certain Indian tribes is excluded from income and resources. The tribes that may benefit are: o Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin o Blackfeet Tribe o Cherokee Nation of Oklahoma o Cheyenne River Sioux Tribe o Crow Creek Sioux Tribe o Lower Brule Sioux Tribe o Devils Lake Sioux Tribe o Fort Belknap Indian Community o Assiniboine and Sioux Tribes o Lac Courte Oreilles Band of Lake Superior Chippewa Indians o Keweenaw Bay Indian Community o Minnesota Chippewa Tribe
o Navajo Tribe
P.L. 94-189, Section 6, 12/31/75 • Funds distributed per capita to the Sac and Fox Indians or held in trust are excluded from income and resources. The funds are divided between members of the Sac and Fox Tribe of the Mississippi in Iowa. The judgments were awarded in Indian Claims Commission dockets numbered 219, 153, 135, 158, 231, 83, and 95.
P.L. 94-540 • Payments from the disposition of funds to the Grand River Band of Ottawa Indians is excluded from income and resources.
P.L. 95-433, Section 2 • Indian Claims Commission payments made pursuant to this Public Law to the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation are excluded from income and resources.
P.L. 96-420, Section 9(c), 10/10/80, Maine Indian Claims Settlement Act of 1980 • Payments made to the Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet are excluded from income and resources.
P.L. 97-403 • Payments to the Turtle Mountain Band of Chippewas, Arizona are excluded from income and resources.
P.L. 97-408 • Payments to the Blackfeet, Grosventre, and Assiniboine tribes, Montana, and the Papago, Arizona, are excluded from income and resources.
P.L. 98-123, Section 3, 10/13/83 • Funds distributed under this Act to members of the Red Lake Band of Chippewa Indians are excluded from income and resources. Funds were awarded in docket number 15-72 of the United States Court of Claims.
P.L. 98-124, Section 5 • Per capita and interest payments made to members of the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana, under this Act are excluded from income and resources. Funds were awarded in docket 10-81L.
P.L. 98-500, Section 8, 10/17/84, Old Age Assistance Claims Settlement Act • Provides that funds made to heirs of deceased Indians under this Act shall not be considered as income or resources nor otherwise used to reduce or deny food stamp benefits except for per capita shares in excess of $2000.
P.L. 99-146, Section 6(b), 11/11/85
• Funds distributed per capita or held in trust for members of the Chippewas of Lake Superior are excluded from income and resources. Judgments were awarded in Dockets numbered 18-S, 18-U, 18-C and 18-T. Dockets 18-S and 18-U are divided among the following reservations: o Wisconsin ▪ Bad River Reservation ▪ Lac du Flambeau Reservation ▪ Lac Courte Oreilles Reservation ▪ Sokaogon Chippewa Community ▪ Red Cliff Reservation ▪ St. Croix Reservation Michigan ▪ Keweenaw Bay Indian Community (L'Anse, Lac Vieux Desert, and Ontonagon Bands) o Minnesota ▪ Fond du Lac Reservation ▪ Grand Portage Reservation ▪ Nett Lake Reservation (including Vermillion Lake and Deer Creek) ▪ White Earth Reservation
Under Dockets 18-C and 18-T • Funds are given to the Lac Courte Oreilles Band of the Lake Superior Bands of Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin, the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, the Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, and the St. Croix Chippewa Indians of Wisconsin.
P.L. 99-264, White Earth Reservation Land Settlement Act of 1985, 3/24/86, Section 16: • Excludes moneys paid under this Act from income and resources. This Act involves members of the White Earth Band of Chippewa Indians in Minnesota.
P.L. 99-346, Section 6(b) (2) • Payments to the Saginaw Chippewa Indian Tribe of Michigan are excluded from income and resources.
P.L. 99-377, Section 4(b), 8/8/86 • Funds distributed per capita to the Chippewas of the Mississippi or held in trust under this Act are excluded from income and resources. The judgments were awarded in Docket Number 18-S. The funds are divided by reservation affiliation for the Mille Lac Reservation, Minnesota; White Earth Reservation, Minnesota; and Leech Lake Reservation, Minnesota.
P.L. 101-41, 6/21/89, the Puyallup Tribe of Indians Settlement Act of 1989, Section 10(b) • Provides that nothing in this Act shall affect the eligibility of the Tribe or any of its members for any Federal program. Section 10(c) provides that none of the funds, assets or income from the trust fund established in Section 6(b) shall at any time be used as a basis for denying or reducing funds to the Tribe or its members under any Federal, State, or local program. (The Puyallup Tribe is located in the State of Washington.)
P.L. 101-277, 4/30/90, • Funds appropriated in satisfaction of judgments awarded to the Seminole Indians in Dockets 73, 151 and 73-A of the Indian Claims Commission are excluded from income and resources except for per capita payments in excess of $2000. Payments were allocated to the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, and the independent Seminole Indians of Florida.
P.L. 101-503, Section 8(b), Seneca Nation Settlement Act of 1990, dated 11/3/90, • Provides that none of the payments, funds or distributions authorized, established, or directed by this Act, and none of the income derived there from, shall affect the eligibility of the Seneca Nation or its members for, or be used as a basis for denying or reducing funds under, any Federal program.
P.L. 93-134, Section 8, 10/19/73, the Indian Tribal Judgment Fund Use or Distribution Act, as amended by P.L. 103-66, Section 13736, 10/7/93, • Provides that interest of individual Indians in trust or restricted lands shall not be considered a resource and up to $2000 per year of income received by individual Indians that is derived from such interests shall not be considered income in determining eligibility for assistance under the Social Security Act or any other Federal or federally assisted program.
If other types, not on this list, are encountered, contact the Central Office for guidance. 2630.30.00 COMPENSATION TO JAPANESE/ALEUTS
Payments made under P.L. 100-383 to U.S. citizens of Japanese ancestry and resident Japanese aliens of up to 20,000 each, and payments to Aleuts of up to $12,000 each, are exempt. 2630.35.00 GERMAN REPARATION PAYMENTS (S)
German reparation payments are payments made by the Republic of Germany to certain survivors of the Holocaust and may be received periodically or in a lump sum. They are exempt resources by federal law. (f25) 2630.40.00 DOMESTIC VOLUNTEER SERVICE ACT COMPENSATION
The following is exempt as a resource by federal law: • Compensation of any kind (including stipends, supportive services, remuneration for out- of-pocket expenses, and so forth) provided to individuals who are volunteers in programs administered directly or through sponsoring agencies by the United States action Agency under Titles I, II, and III of the Domestic Volunteer Service Act of 1973, is exempt. These programs include: o The Foster Grandparents Program, o Retired Senior Volunteer Program (RSVP), o Service Corps of Retired Executives (SCORE),
o Active Corps of Executives (ACE), o Action Cooperative Volunteer Program (ACV), o Senior Companion Program, o Volunteers in Service to America (VISTA), and o University Year for Action (UYA). (f26) 2630.45.00 PAYMENTS TO STUDENTS
For TANF, Education grants and loans received under Title IV of the Higher Education Act, or the Bureau of Indian Affairs (BIA) programs are exempt for undergraduate students.
For SNAP, this is exempt for all students. These exclusions are allowed for students in high school and GED programs as well as post-secondary education. Examples include: • Basic Educational Opportunity Grants (BEOG); • Supplemental Educational Opportunity Grants (SEOG); • College Work Study; • National Direct Student Loans (NDSL); • Guaranteed Student Loans; • Pell Grants; • and Federal Perkins Loans.
Refer to Section 2860.05 for a comprehensive listing. 2630.50.00 YOUTH PROJECT PAYMENTS (S)
The payments received from the Youth Incentive Entitlement Pilot Projects, the Youth Community Conservation and Improvement Projects, and the Youth Employment and Training Programs under Title IV of the Comprehensive Employment and Training Act of 1978 (f27) are exempt resources by federal law. 2630.55.00 DISASTER ASSISTANCE PAYMENTS
Assistance received under the Disaster and Emergency Assistance Act of 1974 (f28) or another federal statute because of a presidentially declared major disaster is permanently exempted as a resource. 2630.60.00 RADIATION EXPOSURE ACT BENEFITS
Payments made from the Radiation Exposure Compensation Trust Fund established under the Radiation Exposure Compensation Act are exempt resources. (f29) 2630.65.00 AGENT ORANGE SETTLEMENT ACT PAYMENTS
Payments made from the Agent Orange settlement fund, or any fund established as a result of the Agent Orange product liability litigation, are exempt from resource consideration. 2630.70.00 RESOURCES EXEMPTED BY TANF/SSI (S)
All resources of an AG member who receives SSI or TANF are exempt for SNAP purposes. (f30) 2630.75.00 PROPERTY SUBJECT TO LIEN (S)
When non-liquid real or personal property has a lien against it, solely as a result of a loan for business purposes, and the security or lien agreement prohibits the sale of the property, the property is exempt as a resource. However, the lien must have been the result of a loan for business purposes for this exemption to apply. (f31) 2630.80.00 PROPERTY NECESSARY TO VEHICLE MAINTENANCE (S)
An exemption is applied to real or personal property necessary to the maintenance or use of a vehicle which has been exempted because it is used for specific income producing purposes or for long distance travel essential to the employment of an AG member.
This exemption applies only to that portion of the property which is necessary to the maintenance or use of the exempted vehicles. (f32) An example would be a building utilized to house a vehicle which is used for employment when not in use. 2630.85.00 FEDERAL TAX REFUND PAYMENTS
Federal Tax refunds are disregarded as income in the month received and as a resource for a period of 12 months for TANF and SNAP. The resource exclusion lasts for 12 months.
The federal tax refund is to be excluded as a resource by subtracting any tax refund received by the AG in the last 12 months from the AG’s resources. If the difference between the resources and the amount of the federal tax refund is less than the resource limit, the AG meets the resource limit.
EXAMPLE:
AG applies today and has total resources of $4000. AG verified receipt of a federal refund in the amount of $3287 received in January of this year. This federal refund amount would need to be deducted from the total resources and the difference of $713 would be countable as a resource.
2630.85.05 EARNED INCOME TAX CREDIT (EITC) PAYMENTS (C)
Payments from federal income taxes for earned income tax credit (EITC)are exempt as resources. (f33) 2630.90.00 INCOME/RESOURCES/CONTRIBUTIONS OF SSI RECIPIENT (C)
The income, resources, and contributions of a Supplemental Security Income (SSI) recipient is exempt as resources. 2630.95.00 INDIVIDUAL DEVELOPMENT ACCOUNT
Individual Development Accounts (IDA) operated under the Assets for Independence Act (AFIA), Public Law 106-554, are established by or on behalf of eligible TANF recipients for the purpose of purchasing a home, attending postsecondary education, or purchasing a business. (f34) (f35)
Eligible individuals may receive matching funds for their IDA through a community development corporation (CDC). Any funds deposited in an IDA are exempt from being counted as a resource. (See also IPPM 2850.05.00) 2635.00.00 RESOURCE ELIGIBILITY DETERMINATION
Resource eligibility requirements for each assistance program must be met for eligibility to be established. The eligibility worker is responsible for obtaining and verifying all pertinent information regarding the resources of the appropriate AG members.
The consideration of resources for each assistance program will vary according to the age, marital status, and living arrangement of the AG members. The following sections explain the methods used in determining resource eligibility. 2635.05.00 RESOURCES OF AG MEMBERS (S)
Countable resources owned by the following individuals must be considered in the determination of the AG's resource eligibility: • All participating AG members
• IPV ineligible members; • Members ineligible due to SSN noncompliance; • Members disqualified due to noncompliance with IMPACT or Work Registration requirements; and • Members who are ineligible aliens.
Resources of non-AG members, including ineligible students, are not included in the resource determination.
2635.05.05 RESOURCE ELIGIBILITY DETERMINATION FOR ALIENS
For the resource eligibility determination for aliens, it must be established if the alien has been sponsored. 2635.05.10 RESOURCE DEEMED FROM ALIEN’S SPONSOR/SPOUSE
The policy stated in this section only applies to Two-Parent TANF and Regular TANF.
In the resource evaluation for aliens, the eligibility worker must determine whether the alien has been sponsored. A sponsor is defined as any individual, or any public or private agency or organization that executed an affidavit of support or similar agreement on behalf of an alien (who is not the sponsor's spouse or child) as a condition of the alien's entry into the United States. A sponsor cannot be considered a sponsor of their own spouse or child. (f38)
Only the resources of an individual sponsor or sponsor's spouse (living with the sponsor) are counted in the eligibility determination. Additional requirements are discussed in the following sections.
For SNAP, the deeming of sponsor's income and resources do not apply to: • Aliens who are members of their sponsor's SNAP assistance group; • Aliens who are sponsored by an organization or group as opposed to an individual; • Aliens who are not required to have a sponsor under the INA (such as a refugee, a parolee, asylee or a Cuban or a Haitian entrant); • Indigent aliens that the State has determined are unable to obtain food and shelter taking into account the alien's income plus any case, food, housing, or other assistance provided by other individuals; or • Battered alien's spouse, alien parents of battered children or children of a battered alien for 12 months after the State determines that the battering is substantially connected to the need for benefits. • During the period the alien is subject to deeming, the eligible sponsored alien is responsible for obtaining the cooperation of the sponsor and for providing the State with the information and documentation necessary to calculate deemed income and resources. Until the alien provides information or verification necessary to carry out deeming, the sponsored alien is ineligible.
For SNAP, the resources and income of the sponsor and the sponsor's spouse are not included in determining the resources and income of an ineligible sponsored alien. 2635.05.15 INDIVIDUAL SPONSOR LIABILITY (C)
The policy stated in this section only applies to the Two- Parent TANF and Regular TANF categories of CASH assistance.
The resources of an individual sponsor and the sponsor's spouse (if living with the spouse) are counted as available to the alien for a three-year period, beginning with the alien's date of entry into the U.S., if the following conditions are met: • The alien applies for TANF for the first time on or after September 30, 1981; • The alien is not: • Admitted into the U.S. as a conditional entrant refugee prior to April 1, 1980, under the provisions of Section 203(a)(7) of the Immigration and Nationality Act (INA); • Admitted into the U.S. as a refugee after March 31, 1980, under the provisions of Section 207(c) of the INA; • Paroled into the U.S. as a refugee under Section 212(d)(5) of the INA; • Granted political asylum by the Attorney General under Section 208 of the INA; • A Cuban or Haitian entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (f39); or • The dependent child of the sponsor or the sponsor's spouse. (f40)
The sponsor's and sponsor's spouse's resources are deemed available to the alien regardless of whether: • The alien lives with the sponsor; • The sponsor claims no financial responsibility; or The sponsor and his spouse were married after the sponsor signed an affidavit of support or similar agreement. • However, the resources of a sponsor or sponsor's spouse who receives SSI or Cash Assistance are not deemed available to the alien. 2635.05.20 AMOUNT DEEMED FROM SPONSOR TO ALIEN
The policy stated in this section only applies to Two-Parent TANF and Regular TANF, not RCA.
The amount of resources deemed to an alien from a sponsor or the sponsor's spouse (who is living with the sponsor) is calculated as follows: • The total amounts of resources of the sponsor are determined as if the sponsor was applying for TANF and SNAP in Indiana. All resource provisions are applicable. • $1500 is deducted from countable resources. • Any remaining amount is a countable (deemed) resource to the alien. (f41)
EXAMPLE 1: CASH ASSISTANCE
$5000 - Total Resources -1000 - TANF Resource Provision $4000 -1500 – Allowable Deduction $2500 – Countable Resources
EXAMPLE 2: SNAP
$5000 - Total Resources
- 1500 - Allowable Deduction $3500 - Countable Resources
When the individual is the sponsor of two or more aliens, the deemed number of resources is divided equally among the aliens.
Resources deemed to a sponsored alien are not counted in determining the eligibility of non- sponsored members of the alien's family, except to the extent the resources are available. (f42) 2640.00.00 TRANSFERS OF PROPERTY (S)
The transfers of certain real or personal property to another individual must be considered in relation to the law and/or regulations in effect on the date that the transfer occurred. 2640.05.00 PROPERTY TRANSFERS AFFECTING ELIGIBILITY (S)
The intentional transfer of assets by any member of the AG may result in disqualification of the AG for up to one year from the date of discovery of the transfer. (f43)
The AG may be disqualified if the AG transferred resources within the 3-month period immediately preceding the date of the application or any time after the AG is determined eligible for benefits. The disqualification will occur when the AG transferred resources knowingly for the purpose of qualifying or attempting to qualify for SNAP benefits.
(See Section 2640.05.10 for transfers which do not result in a disqualification.) 2640.05.05 DETERMINING THE PERIOD FOR DISQUALIFICATION (S)
The countable value is calculated by taking the value of the transferred resource and adjusting to that amount which would be considered a resource in the eligibility determination.
For vehicles, that requires a determination of the countable value in excess of the FMV minus the vehicle standard.
EXAMPLE 1:
An AG transferred a vehicle with a FMV of $7000. They also have $500.00 in a bank account and another car (which is used for employment) worth $5500. There are no elderly AG members. They will have a $3000 resource limit. The countable value is: $9000 - $4650 = $4350 (transferred vehicle) Total of $4350 is the countable value.
The $4350 is added to the other resources ($500 bank account and $850 countable value for the other vehicle) to show the total value of $5700. Then the resources standard of $3000 is subtracted from the total value of $5700 to the resultant $2700.
The $700 is used to determine the disqualification period of 6 months.
EXAMPLE 2:
The AG containing an elderly member transferred non-homestead property valued at $6500. The AG has no other resources. They will have a $3000 resource limit.
The countable value is $6500. Other resources are then added to the countable resource (none for this AG). Then subtracts the AG's resource standard of 3000 leaving $3500.
The $3500 is used to determine the period of disqualification which is 9 months.
The following is a chart which determines the period of disqualification based on the amount of resources in excess of the resource limit:
Amount in Excess of Resource Limit Period of Disqualification $0-$249.99 1 month $250-$999.99 3 months $1000-$2999.99 6 months $3000-$4999.99 9 months $5000- and up 12 months 2640.05.10 TRANSFERS NOT AFFECTING ELIGIBILITY (S)
The following transfers do not affect eligibility: • Resources that would not otherwise affect eligibility. • Resources that are sold or traded at, or near, fair market value. • Resources transferred between members of the same AG. • Resources transferred for reasons other than qualifying (or attempting to qualify) for benefits.
2699.00.00 FOOTNOTES FOR CHAPTER 2600
Following are the footnotes for Chapter 2600: (f1) 7 CFR 273.8(c)(2)-S; 470 IAC 10.3-4-2 C; (f2) IC 30-2-13-12 (f3) IC 30-2-13-12 (f4) 7 CFR 273.8(e)(2) (f5) 470 IAC 10.3-4-2 (f6) 7 CFR 273.8(e)(2) (f7) 405 IAC 2-3-15; 470 IAC 10.3-4-2 (f8) 7 CFR 273.8(e)(2)-S; 470 IAC 10.3-4-2 - C; (f9) 7 CFR 273.8(e)(5) (f10) 470 IAC 10.3-4-2-C;
(f11) 7 CFR 273.8(e) (f12) 7 CFR 273.10(b) (f13) 7 CFR 273.8(e)(6) (f14) 7 CFR 273.8 (f15) IC 12-14-2-1(b)(2) (f16) 470 IAC 10.3-4-5 (f17) 7 CFR 273.8(e)(9) (f18) 470 IAC 10.3-4-2 (f19) 7 CFR 273.8(e)(11);
(f20) 7 CFR 273.8(e)(11)(iii) (f21) 7 CFR 273.8(e)(11) (f22) 7 CFR 273.8(e)(11) (f23) 7 CFR 273.8(e)(11)(ii); (f24) 7 CFR 273.8(e)(11) (f25) Section 1902(r)(1) of the Social Security Act as amended by OBRA-90; P.L. 101-508 (f26) P.L. 93-113, Sections 404(g) and 418; (f27) 7 CFR 273.8(e)(11) (f28) P.L. 93-288; (f29) P.L. 101-426 as amended by P.L. 101-510; 20 CFR 416.1236 (f30) 7 CFR 273.8(e)(17) (f31) 7 CFR 273.8(e)(15) (f32) 7 CFR 273.8(e)(16) (f33) Social Security Act, Section 402(a)(7)(B) as amended by P.L. 101-508 (OBRA-90) (f34) Social Security Act, Section 404 (h)(2)(A) (f35) Social Security Act, Section 404 (h)(2)(B) (f36) Social Security Act, Section 404 (h)(2)(C) (f37) Social Security Act, Section 404 (h)(4) (f38) 470 IAC 10.3-3-2 (f39) P.L. 96-422 (f40) Social Security Act, Section 415; 470 IAC 10.3-3-2 (f41) Social Security Act, Section 415; 470 IAC 10.3-3-2 (f42) Social Security Act, Section 415
(f43) 7 CFR 273.8(h)
SNAP/TANF Program Policy Manual CHAPTER: 3000 ELIGIBILITY STANDARDS SECTION: 3000.00.00 TABLE OF CONTENTS TABLE OF CONTENTS 3000.00.00 ELIGIBILITY STANDARDS ..................................................................................................... 2
3005.00.00 RESOURCE LIMITS .............................................................................................................. 2 3005.05.00 RESOURCE LIMITS (S) ......................................................................................................... 2 3005.10.00 RESOURCE LIMITS (C) ......................................................................................................... 2 3010.00.00 INCOME STANDARDS ......................................................................................................... 3 3010.05.00 INCOME STANDARDS (S) .................................................................................................... 3 3010.05.05 INCOME STANDARDS – ELDERLY/DISABLED separate AG (S) ............................................ 3 3010.10.00 RESERVED ............................................................................................................................ 4 3010.15.00 GROSS INCOME STANDARDS (C) ......................................................................................... 4
3010.15.05 100% INCOME STANDARDS (C) .......................................................................................... 5 3015.00.00 DEPENDENT CARE STANDARDS (S) .................................................................................... 5 3020.00.00 UTILITY STANDARDS (S) ..................................................................................................... 5 3025.00.00 SNAP RELATED STANDARDS (S) ......................................................................................... 6 3025.05.00 EARNED INCOME DEDUCTION (S) ...................................................................................... 6 3025.10.00 STANDARD DEDUCTION (S) ................................................................................................ 6 3025.15.00 EXCESS SHELTER EXPENSE DEDUCTION (S) ........................................................................ 6 3025.15.05 HOMELESS SHELTER DEDUCTION ...................................................................................... 7 3030.00.00 WORK EXPENSE DISREGARD (C) ......................................................................................... 7 3050.00.00 MAXIMUM BENEFITS ......................................................................................................... 7
3050.05.00 MAXIMUM BENEFITS (S) .................................................................................................... 7 3050.10.00 MAXIMUM BENEFITS (C) .................................................................................................... 7 3099.00.00 FOOTNOTES FOR CHAPTER 3000 ............................................................................................... 9
SNAP/TANF Program Policy Manual CHAPTER: 3000 ELIGIBILITY STANDARDS SECTION: 3000.00.00 ELIGIBILITY STANDARDS 3000.00.00 ELIGIBILITY STANDARDS
Each program has separate standards established by law or regulation which must be used to determine eligibility for assistance. This chapter includes information on the following: • Resource Limits (Section 3005). • Facility Private Pay Rate (Section 3006). • Income Standards (Section 3010). • Dependent Care Standards (Section 3015). • Utility Standards (Section 3020). • SNAP Related Standards (Section 3025). • Work Expense Disregard (Section 3030). • Maximum Benefits (Section 3050). 3005.00.00 RESOURCE LIMITS
The resource limit is the maximum value of non-exempt resources which an assistance group (AG) may retain in order to be eligible for assistance. The following sections list the limits for each program. 3005.05.00 RESOURCE LIMITS (S) The resource limit is $3000 for all AGs that do not include an elderly or disabled member effective 10/01/2024. The resource limit is $4750 for any AG which contains a member aged 65 or older or a member who is blind or disabled (according to the policy in Section 3210.10.25.05) effective 10/01/2026. 3005.10.00 RESOURCE LIMITS (C)
As of 7/1/2022: • The resource limit is $1000 for applicants. (f1) • For recipients, the resource limit is $10,000. (f2)
3010.00.00 INCOME STANDARDS
Income standards represent the maximum allowable income that can be considered when
determining financial eligibility for an Assistance Group (AG). Depending on the program,
eligibility may require comparison against both gross and net income thresholds. The specific
income standards applicable to each program are outlined in the sections that follow. 3010.05.00 INCOME STANDARDS (S) This chart lists the SNAP Program's maximum monthly gross and net income standards. For financial eligibility to exist, income may not exceed these standards. The maximum gross income amounts are based on 130% of the Federal Poverty Guidelines, and the maximum net income amounts are based on 100% of the Federal Poverty Guidelines. Following are the amounts effective 10/01/2026. NOTE: Households which contain an elderly or disabled member are not subject to the gross
income limit but are subject to the net income limit. AG Size Maximum Gross Monthly Income Maximum Net Monthly Income AG Size Maximum Gross Monthly Income Maximum Net Monthly Income 1 $1729 $1330 6 $4806 $3697 2 $2345 $1804 7 $5421 $4170 3 $2960 $2277 8 $6037 $4644 4 $3575 $2750 9 $6653 $5118 5 $4191 $3224 10 $7269 $5592 Each Additional Member Gross + $616 Each Additional Member Net + $474 3010.05.05 INCOME STANDARDS – ELDERLY/DISABLED SEPARATE AG (S) This chart lists the SNAP Program's maximum monthly gross and net income standards for AGs
containing an elderly and disabled member who have one or more members who would
purchase and prepare separately if they were capable of doing so. The test will be used to
determine if it is beneficial to make the elderly/disabled individual(s) a separate assistance
group. The maximum gross income amounts are based on 165% of the Federal Poverty
Guidelines, and the maximum net income amounts are based on 100% of the Federal Poverty
Guidelines.
AG Size Maximum Gross Monthly Income Maximum Net Monthly Income AG Size Maximum Gross Monthly Income Maximum Net Monthly Income 1 $2195 $1330 5 $5319 $3224 2 $2976 $1804 6 $6100 $3697 3 $3757 $2277 7 $6881 $4170 4 $4538 $2750 8 $7662 $4644 Each Additional Member Gross + $781 Each Additional Member Net + $474 3010.10.00 RESERVED 3010.15.00 GROSS INCOME STANDARDS (C) This chart lists the maximum monthly gross income and net income standards for Cash Assistance groups. The gross income standard is used for initial eligibility for all cash assistance groups. For financial eligibility to exist, income must be less than these standards. The gross income standard is 35% of the Federal Poverty Level (FPL), and the net income standard is 100% of the maximum grant amount. There are separate charts for AGs which include a recipient parent/caretaker and AGs which only include children. Charts below list the maximum monthly gross income and net income standards for Cash Assistance Groups effective 3/1/2026: GROSS INCOME STANDARD AG Size Gross Income Standard EFFECTIVE 3/1/2026 Net Income Standard AG Size Gross Income Standard EFFECTIVE 3/1/2026 Net Income Standard 1 $466 $248 6 $1294 $825 2 $632 $409 7 $1460 $929 3 $797 $513 8 $1626 $1033 4 $963 $617 9 $1791 $1137 5 $1129 $721 10 $1957 $1241
3010.15.05 100% INCOME STANDARDS (C) This chart lists the maximum monthly countable net income standards and the maximum grant amount for cash assistance for a TANF AG. The countable net income standard is 100% of the Federal Poverty Level. There are separate charts for AG's which include a recipient parent/caretaker and AG's which only include children. An AG will lose eligibility when its countable net income equals or exceeds 100% of Federal Poverty Level (FPL) for a family of the same size. (f4) INCOME STANDARD COUNTABLE MAXIMUM COUNTABLE MAXIMUM AG NET INCOME GRANT AG NET INCOME GRANT SIZE STANDARD EFFECTIVE 3/1/2026 AMOUNT EFFECTIVE 7/1/2025 SIZE STANDARD EFFECTIVE 3/1/2026 AMOUNT EFFECTIVE 7/1/2025 1 $1330 $248 6 $3697 $825 2 $1804 $409 7 $4170 $929 3 $2277 $513 8 $4644 $1033 4 $2750 $617 9 $5117 $1137 5 $3224 $721 10 $5590 $1241
3015.00.00 DEPENDENT CARE STANDARDS (S) The dependent care standard is the maximum expense deduction for dependent care costs that is allowed for an assistance group in order to determine financial eligibility or provide childcare payment. The actual cost of care up to the standard amount is allowed. Effective 10/2008 there is no maximum expense deduction for dependent care costs for SNAP. The assistance group’s actual cost is allowed as a deduction in the budget unless it is already accounted for by another expense, such as excess medical expense. 3020.00.00 UTILITY STANDARDS (S) There are four utility standards (SUAs) for SNAP recipients who incur utility costs: • SUA 1- AGs that have a primary heating/cooling expense or receive/expect to receive LIHEAP (Low Income Home Energy Assistance Program) are eligible for this deduction. • SUA 2- AG's that do not have a primary heating/cooling expense but do have at least two of the following expenses: Electricity or fuel for purposes other than heating or cooling, water, sewer, well and septic installation and maintenance, telephone, trash collection, are eligible for this deduction.
o Note: both the first and second SUAs include the standard telephone amount regardless of whether the AG has a current telephone expense. • SUA 3- AGs that have a utility expense other than heating/cooling expense, or a telephone are eligible for this deduction. • SUA 4- If the AG has a basic telephone expense but no other expenses, they are eligible for this deduction.
The standard amounts are as follows and do not change regardless of AG size: STANDARD UTILITY ALLOWANCES FROM 5/1/2025 THROUGH 9/30/2026 AS OF 10/1/2026 HEATING AND COOLING (SUA 1) $486 $504 NON-HEATING AND COOLING (SUA 2) $283 $293 SINGLE UTILITY (SUA 3) $62 $65 TELEPHONE (SUA 4) $36 $38 3025.00.00 SNAP RELATED STANDARDS (S)
In the calculation of the SNAP budget, certain standard deductions are allowed in addition to the deductions stated in the previous sections. The following sections discuss the earned income deduction and the standard deduction. 3025.05.00 EARNED INCOME DEDUCTION (S) Twenty percent (20%) of gross earned income is allowed as an earned income deduction in the financial eligibility determination. No additional deductions are allowed from earned income except for costs of self-employment. (f5) 3025.10.00 STANDARD DEDUCTION (S) All assistance groups receive a flat standard deduction in the financial eligibility determination. This deduction varies according to household size and is adjusted annually for cost-of-living increases. Larger households receive a higher deduction. Effective 10/01/2026, the following standard deduction figures apply: 1 Member $217 2 Members $217 3 Members $217 4 Members $229 5 Members $268 6 Members or More $308 3025.15.00 EXCESS SHELTER EXPENSE DEDUCTION (S)
All assistance groups which do not contain an elderly or disabled member(s) may receive a shelter deduction up to a maximum of $769 effective 10/01/2026. See Section 3445.20.05.
An ineligible alien/SSN ineligible individual who is elderly or disabled does not entitle the assistance group to the uncapped shelter deduction. The ineligible alien is subject to the maximum shelter deduction amount. 3025.15.05 HOMELESS SHELTER DEDUCTION An individual who is homeless must be asked if they have incurred expense for shelter within the last 30 days at time of interview. If so, (and have verified expense per PPM 3440.15.10) they are eligible for the homeless shelter deduction of $205.66. Effective 10/1/2026. 3030.00.00 WORK EXPENSE DISREGARD (C) An earned income work expense disregard of $90 is allowed to participating AG members in the financial eligibility determination. An earned income work expense disregard of $90 is allowed to nonparticipating AG members. 3050.00.00 MAXIMUM BENEFITS There is a maximum benefit amount based on AG size for the SNAP and Cash Assistance programs. These maximum amounts are listed in the following sections. 3050.05.00 MAXIMUM BENEFITS (S) This chart lists the maximum monthly SNAP benefits per AG effective 10/01/2026: AG SIZE MAXIMUM BENEFIT AG SIZE MAXIMUM BENEFIT 1 $306 6 $1,463 2 $562 7 $1,616 3 $808 8 $1,841 4 $1023 9 $2066 5 $1,217 10 $2291 MEMBER # 11-17 EACH ADDITIONAL MEMBER + $225 MEMBER # 18 & OVER $3887 MAX
3050.10.00 MAXIMUM BENEFITS (C)
The following charts indicate the maximum monthly Cash Assistance benefits per AG based upon the composition of the AG and number of participating members. There are separate charts for AGs which include a recipient parent/caretaker and AGs which only include children.
MAXIMUM BENEFITS AG WITH A RECIPIENT PARENT AND/OR CARETAKER
Participating Members Maximum Benefit EFFECTIVE 7/1/2025 Participating Members Maximum Benefit EFFECTIVE 7/1/2025 1 $248 6 $825 2 $409 7 $929 3 $513 8 $1033 4 $617 9 $1137 5 $721 10 $1241
MAXIMUM BENEFITS AG WITH RECIPIENT PARENT CHILDREN ONLY Participating Members Maximum Benefit EFFECTIVE 7/1/2025 Participating Members Maximum Benefit EFFECTIVE 7/1/2025 1 $248 6 $825 2 $409 7 $929 3 $513 8 $1033 4 $617 9 $1137 5 $721 10 $1241
3099.00.00 FOOTNOTES FOR CHAPTER 3000
(f1) 470 IAC 10.3-4-2(1) (f2) 470 IAC 10.3-4-2(2) amended 7/1/22 - IC 12-14-1-1, (f3) 470 IAC 10.3-4-3 (f4) 470 IAC 10.3-4-1 (f5) 7CFR 273.9 (c)
SNAP/TANF Program Policy Manual CHAPTER: 3400 SECTION: 3400 BUDGETING AND BENEFIT CALCULATION TABLE OF CONTENTS CONTENTS 3400.00.00 BUDGETING AND BENEFIT CALCULATION ............................................................................ 5
3405.00.00 INCOME BUDGETING PRINCIPLES ........................................................................................ 5
3405.05.00 INCOME FREQUENCY ........................................................................................................... 5 3405.10.00 BUDGET METHODS .............................................................................................................. 6 3405.10.05 REGULAR BUDGET METHOD ................................................................................................ 6 3405.10.10 FLUCTUATING BUDGET METHOD ........................................................................................ 6 3405.10.15 AVERAGING BUDGET METHOD ............................................................................................ 7 3405.10.20 PRORATED BUDGET METHOD .............................................................................................. 7 3405.10.25 BEGINNING/TERMINATING BUDGET METHOD .................................................................... 7 3410.00.00 BUDGETING SELF-EMPLOYMENT INCOME .......................................................................... 7 3410.05.00 DEFINITION OF SELF-EMPLOYMENT .................................................................................... 8 3410.10.00 ESTABLISHING ANNUAL SELF-EMPLOYMENT INCOME ........................................................ 8 3410.15.00 ALLOWABLE SELF-EMPLOYMENT COSTS ............................................................................. 9
3410.20.00 HOME USED FOR SELF-EMPLOYMENT (S) .......................................................................... 10 3410.25.00 FARM LOSS BUDGETING (S) ............................................................................................... 10 3415.00.00 BUDGETING BOARDER INCOME (S) ................................................................................... 10 3415.05.00 BOARDER COST OF BUSINESS (S) ....................................................................................... 11 3415.05.05 NET BOARDER INCOME (S) ................................................................................................. 11 3415.10.00 BUDGETING ROOMER AND BOARDER INCOME (S) ........................................................... 11 3420.00.00 RENTAL INCOME ................................................................................................................ 12 3420.05.00 BUDGETING RENTAL INCOME ............................................................................................ 12 3420.05.05 ALLOWABLE RENTAL EXPENSES ......................................................................................... 12 3425.00.00 BUDGETING STRIKER’S INCOME (S) ................................................................................... 13
3425.05.00 DEFINITION OF STRIKER (S) ................................................................................................ 13 3425.10.00 DETERMINING STRIKER’S INCOME (S)................................................................................ 13 3430.00.00 BUDGETING EDUCATIONAL INCOME ................................................................................. 13 3430.05.00 ALLOWABLE EXPENSES FROM EDUCATIONAL INCOME ..................................................... 15 3435.00.00 RECURRING LUMP SUM PAYMENT CALCULATIONS (C) ..................................................... 15 3437.00.00 CONTRACT SALE OF REAL PROPERTY ................................................................................. 15
3439.00.00 CONTRACTUAL INCOME (S)................................................................................................ 16
3440.00.00 BUDGETING EXPENSES (S) .................................................................................................. 16 3440.05.00 DEPENDENT CARE EXPENSE/DEDUCTION (S) ..................................................................... 16 3440.05.05 CHILD SUPPORT DEDUCTION (S) ........................................................................................ 17 3440.10.00 SHELTER EXPENSE/DEDUCTIONS (S) .................................................................................. 18 3440.10.05 CONTINUING CHARGES (S) ................................................................................................. 18 3440.10.10 PROPERTY TAXES, ASSESSMENTS, INSURANCE (S) ............................................................ 18 3440.15.00 STANDARD UTILITY ALLOWANCES (S) ................................................................................ 18 3440.15.05 TELEPHONE STANDARD (S) ................................................................................................ 20 3440.15.10 VERIFICATION OF SHELTER EXPENSES (S) .......................................................................... 20 3440.20.00 HUD UTILITY PAYMENTS (S) ............................................................................................... 21
3440.25.00 REPAIR COST EXPENSES (S) ................................................................................................ 21 3440.30.00 SHELTER EXPENSES OF UNOCCUPIED HOMES (S) .............................................................. 21 3440.45.00 ALLOWABLE MEDICAL EXPENSES FOR SNAP (S) ................................................................ 22 3440.45.05 MEDICAL EXPENSES IN THE SNAP BUDGET (S)................................................................... 24 3440.47.00 ENTERING MEDICAL EXPENSES IN ELIGIBILITY SYSTEM (S) ................................................ 26 3440.48.00 VERIFICATION OF MEDICAL EXPENSES (S) ......................................................................... 26 3440.50.00 EXPENSES NOT ALLOWED AS DEDUCTIONS (S) .................................................................. 27 3440.55.00 BUDGETING ACTUAL EXPENSES (S) .................................................................................... 28
3440.60.00 ANTICIPATING EXPENSES (S) .............................................................................................. 28 3440.65.00 BUDGETING ONE-TIME ONLY EXPENSES (S) ...................................................................... 28 3440.65.05 ONE-TIME ONLY MEDICAL EXPENSES (S) ........................................................................... 29 3440.65.10 ONE-TIME ONLY NON-MEDICAL EXPENSES (S) .................................................................. 29 3440.65.15 CHANGES IN ONE-TIME ONLY EXPENSES (S) ...................................................................... 29 3440.70.00 BUDGETING LESS OFTEN THAN MONTHLY EXPENSES (S) .................................................. 29 3440.75.00 BUDGETING ONGOING EXPENSES (S) ................................................................................ 30 3440.90.00 SHARING EXPENSES (S) ...................................................................................................... 30 3440.95.00 EXPENSES OF DISQUALIFIED MEMBERS (S) ....................................................................... 30
3445.00.00 BENEFIT CALCULATION (S) ................................................................................................. 31 3445.05.00 STANDARD DISREGARD (S) ................................................................................................. 31 3445.10.00 EARNED INCOME DEDUCTION (S) ...................................................................................... 31 3445.15.00 CATEGORICALLY ELIGIBLE AGS (S) ...................................................................................... 31 3445.20.00 GROSS INCOME ELIGIBILITY DETERMINATION (S) ............................................................. 32 3445.20.05 NET INCOME CALCULATION FOR AGS BELOW THE GROSS INCOME LIMIT (S) .................. 32
3445.25.00 NET INCOME CALCULATION FOR ELDERLY/DISABLED AGS (S) .......................................... 32
3445.30.00 165% INCOME LIMIT BENEFIT CALCULATION (S) ............................................................... 33 3445.35.00 ROUNDING (S) .................................................................................................................... 33 3445.40.00 SNAP BENEFIT LEVEL (S) ..................................................................................................... 33 3445.40.05 PRORATING BENEFITS (S) ................................................................................................... 34 3445.50.00 BUDGETING AGS WITH DISQUALIFIED MEMBERS (S) ........................................................ 35 3445.55.00 BENEFIT CALCULATION WITH INCOME FROM SPONSORS (S) ........................................... 36 3445.60.00 NO SNAP INCREASE WHEN TANF DECREASED DUE TO NON-COOPERATION (S) .............. 36 3450.00.00 FINANCIAL ELIGIBILITY & BENEFIT CALCULATION (C) ........................................................ 38 3450.05.00 RESERVED ........................................................................................................................... 38 3450.05.05 GROSS INCOME TEST (C) .................................................................................................... 38
3450.15.00 EARNED INCOME DEDUCTIONS (C) .................................................................................... 38 3450.20.00 WORK EXPENSE DISREGARD (C) ......................................................................................... 38 3450.25.00 $30 AND 1/3RD DISREGARD (C) ........................................................................................... 38 3450.25.05 $30 AND 1/3RD DISREGARD AT INITIAL ELIGIBILITY (C) ...................................................... 39 3450.25.10 $30 AND 1/3RD DISREGARD AT REAPPLICATION (C) ........................................................... 39
3450.25.15 $30 AND 1/3RD DISREGARD FOR ONGOING CASES (C) ....................................................... 39 3450.25.20 DETERMINING COUNTABLE MONTHS OF $30 AND 1/3RD DISREGARD (C) ........................ 40 3450.25.25 $30 DISREGARD (C) ............................................................................................................ 40 3450.30.00 DISREGARD OF QUALIFYING STUDENT INCOME FOR ONGOING ASSISTANCE (C) ............. 40 3450.30.05 DETERMINING STUDENT DISREGARD AMOUNT (C) .......................................................... 41
3450.35.05 BENEFIT CALCULATION (C) ................................................................................................. 41 3450.40.00 ALLOCATION OF PARENTS’ INCOME (C) ............................................................................. 42 3450.40.05 ALLOCATION/GROSS INCOME TEST (C) .............................................................................. 42 3450.40.10 ALLOCATION/BENEFIT CALCULATION (C)........................................................................... 42 3450.45.00 DEEMED INCOME CALCULATION (C) .................................................................................. 43 3450.45.05 INCOME DEEMED FROM A STEPPARENT/NON-RECIPIENT SPOUSE (C)............................. 43 3450.45.10.05 INCOME DEEMED FROM AN INELIGIBLE PARENT (C) ................................................ 44 3450.45.10.10 INCOME DEEMED FROM A DISQUALIFIED PARENT (C) .............................................. 44 3450.45.15 INCOME DEEMED FROM THE PARENTS OF A MINOR PARENT (C) .................................... 45
3450.45.25 INCOME DEEMED FROM NON-RECIPIENT PARENT WITH SPOUSE (C) .............................. 45 3450.45.30 INCOME DEEMED FROM A NON-RECIPIENT PARENT WITH NO SPOUSE (C) ..................... 46 3450.45.35 INCOME DEEMED FROM AN ALIEN’S SPONSOR (C) ........................................................... 46 3450.50.00 INCOME OF THE MINOR PARENT (C) ................................................................................. 46
3450.55.00 PRORATING BENEFITS (C) ................................................................................................... 47
3499.00.00 FOOTNOTES FOR CHAPTER 3400 ....................................................................................... 48
SNAP/TANF Program Policy Manual CHAPTER: 3400 SECTION: 3400.00.00 BUDGETING AND BENEFIT CALCULATION BUDGETING AND BENEFIT CALCULATION
3400.00.00 BUDGETING AND BENEFIT CALCULATION
This chapter discusses the budgeting of income, income deductions, and the calculations necessary to determine financial eligibility. Specific information includes: • Income Budgeting Principles (Section 3405); • Budgeting Self-Employment Income (Section 3410); • Budgeting Boarder Income (Section 3415); • Rental Income (Section 3420); • Budgeting Striker's Income (Section 3425); • Budgeting Educational Income (Section 3430; • Lump Sum Calculation (Section 3435); • Budgeting Expenses (Section 3440); • Benefit Calculation (F) (Section 3445); • Benefit Calculation (C) (Section 3450; • Footnotes for Chapter 3400 (Section 3499). 3405.00.00 INCOME BUDGETING PRINCIPLES
Financial eligibility is based on the best estimate of income and circumstances which will exist in the month for which the assistance is being considered. This estimate should be founded upon the most complete information available to the Local Office as of the authorization date. This eligibility determination requires knowledge of an individual's and/or AG's current, past, or anticipated future circumstances.
A presumption that current or historical trends will continue in the future cannot be made. Use of historical trends is appropriate if there is reason to believe, with supporting documentation, that the trends will continue.
Prospective budgeting rules require that the AG's assistance for a given month be based on the income expected to be received during that month. (f1)
To calculate monthly amounts, the frequency and budgeting method of the income must first be determined. 3405.05.00 INCOME FREQUENCY
Frequency is defined as how often income is received. Amounts may be received: • weekly, • bi-weekly,
• semi-monthly, • monthly, • quarterly, • semi-annually, • annually, • less often than monthly, or • irregular. 3405.10.00 BUDGET METHODS
Once the frequency of an income is determined, the method of budgeting the amount is determined.
The following sections list the various budget methods and the circumstances under which they are used. 3405.10.05 REGULAR BUDGET METHOD
Regular income is income received in the same amount each pay period with no variances.
The monthly amount is determined using the appropriate conversion factor as follows (f2): • The gross amount of income received weekly is to be multiplied by 4.3. • The gross amount of income received biweekly is to be multiplied by 2.15. • The gross amount of income received semimonthly is to be multiplied by 2.
Enter the amount of the income which corresponds to the frequency. The eligibility calculator will convert it to a monthly amount. 3405.10.10 FLUCTUATING BUDGET METHOD
Income which varies each pay is to be converted to a monthly amount. The client can request that the "averaging" method be used. Refer to 3405.10.15 for the averaging budget method.
The payments received during the months being reviewed are added together and the total is divided by the number of payments. Then, the appropriate conversion factor as explained in Section 3405.10.05 is applied.
A pay which is unusually high or unusually low should not be included in the calculation. The budget method "Exclude" should be entered for a pay which is not reflective of what can be expected to be received in the future. When utilizing the “Exclude” budget method extra care should be taken to ensure that it is being used appropriately. Any time “Exclude” is used there should be clear and thorough notes explaining why.
If "Exclude" is used in an application month, the pay amount will be included for the application month calculation but will be skipped for months past the application month.
3405.10.15 AVERAGING BUDGET METHOD
The Average budget method may be used with income received weekly, bi-weekly, semi-monthly, or monthly. Averaging may only be used when complete monthly amounts are available and there are two or more months of history.
Migrant AGs applying for SNAP may not have their income averaged.
An AG has the option of choosing this budget method. However, if complete monthly amounts are not provided, it may not be used. 3405.10.20 PRORATED BUDGET METHOD
The Prorated budget method distributes an income over the period associated with the income or expense. This budget method is only used with the frequency less often than monthly. Educational income is a common example of income which is often calculated using this frequency and budget method.
This is also the only budget method with which it is appropriate to enter the begin and end date in eligibility system. This entry is used by the eligibility calculator to determine how many months by which to divide the income amount.
This budget method is not used for earned income. 3405.10.25 BEGINNING/TERMINATING BUDGET METHOD
Income is projected when an individual has: • just begun working, • has changed jobs, or • has had a change in rate of pay.
If the person has just begun to work, verified earnings to the date of the budget computation are to be used. Otherwise, an estimate of anticipated earnings can be obtained from the employer and used as a basis for projection on a monthly basis.
When an employed person loses their employment, which includes being laid off or on strike, an evaluation is to be made of the expected length of time without income.
If the period without income is expected to be at least one month, a new budget showing loss of income is to be computed. 3410.00.00 BUDGETING SELF-EMPLOYMENT INCOME
Self-employment budgeting procedures are outlined in the following sections. Self-employment income is generally determined by subtracting allowable expenses from the gross income.
3410.05.00 DEFINITION OF SELF-EMPLOYMENT
The determination of whether an individual is self-employed will generally be verified by federal income tax returns and there is no need to further question the existence of a trade or business. However, in some instances, it may be necessary to inquire further into the situation to determine if a person is self-employed when tax returns are not a definitive measure. Consider the following when determining that a person is self-employed: • The good faith intention of making a profit or producing income as a regular occupation; • The holding out to others as being engaged in a business of selling of goods or services; • The continuity of operations or regularity of activities; • The lack of an “employer” relationship in the regular sense of the word in which the employer pays wages and or provides benefits; • The existence of documentation in the person’s possession that supports their claim of self- employment; • Being a member of a business or trade association;
A single factor is not always sufficient to determine whether a person is self-employed, nor must all the above factors be met. Eligibility workers must apply the factors listed, as well as others that may exist, to determine whether an income producing activity is self-employment. In some cases, it may be necessary to distinguish self-employment from a hobby. Also, persons working as contractors or subcontractors may or may not be self-employed.
A person is not self-employed if they receive a W-2 form showing wages paid, the employer pays FICA taxes, or the person is paid a salary from a corporation or business entity.
The net profit from self-employment income may be determined through a review of past books or records of the previous year's Federal Income Tax Report. The method of determining the net profit is to be documented in the case record.
IRS regulations are not used in all programs in determining whether a given expense is deducted as an expense in the calculation of self-employment income. (Not all the expenses listed on tax returns can be allowed as self- employment costs for all programs when a self-employed individual files an income tax return.) 3410.10.00 ESTABLISHING ANNUAL SELF-EMPLOYMENT INCOME
Current income from self-employment may be determined by using the individual's tax return filed for the previous year if a review of their current business records indicate no substantial variance. If the previous year's tax return is not an accurate reflection of current income, their recent records are to be used to project the annual income.
When the individual is engaged in a new business, they must supply business records for their taxable year-to-date and annual income is to be projected.
If the individual is engaged in a new business and records are not yet available, or if the business has operated without records, annual income is determined using the individual’s best estimate.
For TANF, if approved for assistance, the individual must keep records and after no longer than two months actual income must be verified.
For SNAP, if the AG is subject to simplified reporting rules, the AG must report only if the actual income exceeds 130% of the gross income limit for the AG. However, if the AG reports new verification for TANF after two months, the new income is also included in the SNAP budget.
Seasonal self-employment income which is intended to meet the household’s needs for only part of the year should be prorated over the period the income is intended to cover. For example, clients who are self-employed only during the summer months to supplement their annual income will have their summer self-employment income prorated over the summer months. 3410.15.00 ALLOWABLE SELF-EMPLOYMENT COSTS
Allowable costs of producing self-employment income differ depending on the program.
Examples of allowable costs for all programs are: • Wages, commissions, and mandated costs relating to the wages for employees of the self- employed; • The cost of shelter in the form of rent, the interest on mortgage or contract payments, taxes, and utilities; • The cost of machinery and equipment in the form of rent or the interest on mortgage or contract payments; • Insurance on the real and/or personal property involved; • The cost of any repairs needed; and • The cost of any travel required. If the actual cost cannot be determined, 40 cents per mile may be used to calculate the expense. The number of miles must be verified to allow the 40 cents per mile.
For SNAP expenses which are not allowable costs of doing business include income net losses from previous periods, work related expenses covered by the 20 percent earned income deduction and depreciation. When calculating the costs of producing self-employment for SNAP the greater deduction, either 40% of the gross income or actual verified expenses directly related to the production of income, is used unless the business involves boarders or day care.
When calculating the income for SNAP boarders, either the maximum SNAP allotment for a household size that is equal to the number of boarders or actual costs is deducted as a cost of business.
When calculating the income for SNAP clients who are day care providers, use either the actual costs or the amounts used in the Child and Adult Care Food Program which are $1.70 for breakfast, $3.22 for lunch or supper or $0.96 per snack or a State Standard of $3.78 per day as a cost of doing business. These determinations must be made off-line and entered in eligibility system as a cost of doing business.
Actual expenses for items other than the cost of food and meals can be used in addition to the state standard and child and adult care food program prices.
SNAP also allows payments on the principal of the purchase price of income producing real estate and capital assets. Capital assets may be vehicles, real property or equipment used in the self- employment business.
For TANF, the AG may have the greater deduction, either 40% of the gross income or actual verified expenses directly related to the production of income, deducted. (f4)
Net profit is the total income derived from a self- employment enterprise less allowable deduction. 3410.20.00 HOME USED FOR SELF-EMPLOYMENT (S)
When a room of an AG's home is used only for a self- employment enterprise, a prorated share of the interest paid on the mortgage is an allowable business cost.
When the SNAP AG qualifies for a Standard Utility Allowance #1, a utility expense cannot be deducted from the self-employment income. The chosen SUA is listed only as a utility expense on eligibility screen; a utility expense is not listed on self-employment eligibility page.
However, if the home is equipped with two meters, one for the AG's residence and one for the self-employment enterprise, the AG will receive a SUA for the residence. The actual utility bills are deducted from the self-employment income. The AG would not be entitled to use a standard utility allowance for the residence as well as a standard utility allowance for the self-employment enterprise in this situation. 3410.25.00 FARM LOSS BUDGETING (S)
If the cost of producing self-employment income exceeds the income derived from self- employment as a farmer, such losses are offset against any other countable income received by the AG.
Losses from farm self-employment enterprises are offset in two phases: • The first phase is an offsetting against nonfarm self-employment income. • The second phase is offsetting against the total of earned and unearned income.
For purposes of this provision, to be considered a self- employed farmer, the farmer must receive or anticipate receiving annual gross proceeds of $1000 or more from the farming enterprise. If less than $1000 annual gross income is anticipated, the farm loss calculation is not considered. 3415.00.00 BUDGETING BOARDER INCOME (S)
The income from boarders includes all direct payments to the AG for room and meals, including contributions to the AG's shelter expenses. (f6)
Shelter expenses paid directly by boarders to someone outside of the AG are not counted as income to the AG.
NOTE: This does not include the income of payments made to persons in foster care who are considered boarders for SNAP purposes when they are not included in the AG. 3415.05.00 BOARDER COST OF BUSINESS (S)
After determining the income received from the boarders, the portion of the boarder payment which is a cost of doing business is excluded as income. Provided that the amount allowed as the cost of doing business does not exceed the payment the AG received from the boarder for lodging and meals, the cost of doing business is equal to one of the following: • The maximum SNAP allotment for an AG size that is equal to the number of boarders; or • The actual documented cost of providing room and meals if the actual cost exceeds the maximum SNAP allotment. o If actual costs are used, only separate and identifiable costs of providing room and board to the boarder are excluded. 3415.05.05 NET BOARDER INCOME (S)
The net income from self-employment is added to other earned income and the 20% earned income deduction applied to the total. Shelter costs the AG incurs, even if the boarder contributes to the AG for part of the AG's shelter expenses, is computed to determine if the AG will receive a shelter deduction. However, the shelter costs must not include any shelter expenses directly paid by the boarder to a third party, such as the landlord or utility company. 3415.10.00 BUDGETING ROOMER AND BOARDER INCOME (S)
In a roomer and boarder situation, net rental income is determined by deducting allowable expenses (see Section 3420.05.05) proportionately to the number of rooms (excluding bathrooms) in a private house or by the number of people living in the house.
EXAMPLE ROOMER SITUATION:
The applicant owns a seven-room house (excluding bathrooms) and rents one bedroom. The roomer pays $100 a month. All allowable expenses equal $400 a month. One-seventh of those expenses ($57.14) is deducted from gross rental income. $42.86 is budgeted as net rental income.
EXAMPLE BOARDER SITUATION:
The applicant and his wife have a five-room house (excluding bathrooms) and rents one room with meals provided. The boarder pays $200 a month. Allowable income producing costs equal
$200 a month and food costs equal $300. One-fifth of $200 = $40. One-third of $300 = $100. $140 is deducted from gross rental income. $60 is budgeted as net rental income.
3420.00.00 RENTAL INCOME
Rental income is payment for the use of real or personal property. Rental payments may be received for the use of land (including farmland), for land and buildings, for a room, apartment, or house, or for machinery and equipment. 3420.05.00 BUDGETING RENTAL INCOME
Rental income may be considered either unearned or earned income. Regardless, for all programs, income from rental property is determined by the costs of doing business being deducted from the gross income.
For SNAP, rental income is unearned unless a member of the AG is actively engaged in the management of the property at least an average of 20 hours per week. If the income is earned, the 20% earned income disregard is subtracted from the gross.
For CASH, rental income is unearned unless the production of income includes some type of personal involvement and effort on the part of an AG member. 3420.05.05 ALLOWABLE RENTAL EXPENSES
Allowable rental expenses include most costs allowed by the Internal Revenue Service. Examples of rental expenses allowed are: • Property taxes; • Interest payments (and principal payments for SNAP); • Repairs; • Advertising expenses; • Lawn care; • Insurance premium for property only; • Trash removal expenses; • Snow removal expenses; • Water; • Utilities; and • Other necessary expenses.
The following costs are allowed by the Internal Revenue Service, but are not allowable deductions for all assistance programs: • Depreciation; • Payments on mortgage principal (Note: these are allowable for SNAP); • Personal expenses of the owner; • Insurance to pay off the mortgage in the event of death or disability; and
• Capital expenditures. 3425.00.00 BUDGETING STRIKER’S INCOME (S)
The following section outlines the policy relating to budgeting striker's income for SNAP. 3425.05.00 DEFINITION OF STRIKER (S)
For SNAP purposes, a striker is anyone involved in a strike or concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or other concerted interruption of operations by employees.
Any employee affected by a lockout, however, should not be determined to be a striker. Further, any individual exempt from work registration in accordance with Section 2438.00.00 (other than those exempt solely on the grounds that they are employed) who may go on strike should not be determined to be a striker.
If an AG member is a striker according to the above definition, apply the criteria below to determine if the AG member is a striker for the budget month: • The AG member is a striker if on strike the last known point in the month; or • The AG member is not a striker if: o They would have been exempt from Work Registration for a reason other than employment (such as child under age six) on the day prior to the strike; o is unable to work because other related professions are on strike; o is not a part of the bargaining unit on strike; o will not cross the picket line due to fear of injury or death; o is fired or officially resigns from their job; or o is replaced by permanent employees hired by the company. 3425.10.00 DETERMINING STRIKER’S INCOME (S)
Determining striker's income is done by comparing worker’s pre-strike income with worker’s current income. To determine pre-strike income, use only the income of the striker prior to going on strike. If the month is not over, anticipate the amount the striker would have received for the month had they not gone on strike. To determine the current income amount, anticipate the amount the striker will receive for the month in system of record. The system of record then compares the striker's pre-strike income to their current income and the higher of the two is used as the striker's income. (f7)
To determine eligibility and benefit amount, the striker's income is added to the current income of non-striking AG members and the total compared to the appropriate income limits. 3430.00.00 BUDGETING EDUCATIONAL INCOME
If an AG member has both exempt and non-exempt income (see Sections 2860.05.00) then: • allowable educational expenses are deducted from exempt income first. • All remaining allowable expenses are then deducted from the non-exempt income. • If any non-exempt income remains, it is prorated over the number of months it was intended to cover and counted as unearned income.
Note: The second step only applies to non-exempt educational income received directly by the student. If the entire amount is received and retained by the school, it is completely excluded from the budgeting process. If the school receives the income directly and refunds any unused portion to the student, only the refunded amount is budgeted as unearned income (after allowable additional educational expenses are deducted).
EXAMPLE:
Mr. Smith is a graduate student. His verified educational income and expenses are listed below:
Financial Aid: Educational Expenses: $3000 Perkins Loan (exempt) $4000 tuition, fees $3500 Kiwanis Scholarship (non-exempt) $500 books, supplies
$100 transportation
=$4600 (total)
Step One: Subtract exempt educational income from the expenses: $4600 -$3000 =$1600 (unmet educational expenses)
Step Two:
Establish what portion, if any, of the non-exempt scholarship money is accessible to the student. It has been verified that the scholarship funds are sent directly to the school. The financial aid office verifies that a refund check for $2500 will be sent to Mr. Smith. $1000 of the total scholarship money is excluded from consideration since it was retained by the school and is not available to the recipient/student. This leaves $2500 available non-exempt income.
Step Three:
Subtract the unmet expenses in Step One ($1600) from the remaining non-exempt income: $2500 (available non-exempt educational income) -$1600 (unmet educational expenses) =$900 countable educational income
Countable educational income is prorated over the month it was intended to cover and budgeted as unearned income to the AG.
3430.05.00 ALLOWABLE EXPENSES FROM EDUCATIONAL INCOME
Allowable expenses for undergraduates and graduate students include tuition, mandatory fees, supplies, books, and transportation. Mandatory fees include the costs of rental or purchase of equipment, materials and supplies related to the pursuit of the course of study involved for all programs. Transportation is allowed at 25 cents per mile if the actual cost cannot be determined.
Miscellaneous personal expenses (other than normal living expenses) are also allowable deductions if they are incidental to attending the school, institution, or program. Such expenses could include such things as subscriptions to educational publications or dues for a professional association. Normal living expenses which are not allowable would include such items as food, rent, board, clothes, laundry, haircuts, and personal hygiene items.
For SNAP, students attending vocational and technical schools and those attending a program in which a high school diploma, or equivalent is received, may also receive expenses from educational income.
In addition to those listed above, for SNAP, allowable expenses also include insurance premiums on loans and personal expenses necessary to the course of study. 3435.00.00 RECURRING LUMP SUM PAYMENT CALCULATIONS (C)
Within the programs designated above, this policy applies only to the following categories: Regular TANF and Two-Parent TANF.
Recurring lump sum income received on the date of application or after by a person whose income is counted in the eligibility determination is counted as income in the month received. 3437.00.00 CONTRACT SALE OF REAL PROPERTY
For SNAP, when property is sold on contract, the monthly land contract payments, less ownership expenses, are counted as income. Payments received on a basis other than monthly are to be prorated to establish a monthly amount.
For CASH, any payment of interest received because of the sales contract (including that portion of any periodic payment) is to be budgeted as unearned income in the month of receipt.
The portion of the periodic payment that represents payment toward the principal is considered a non-exempt resource.
3439.00.00 CONTRACTUAL INCOME (S)
Contractual income that is a household’s annual income (intended to provide support for the household for the entire year) and is not paid on an hourly or piece work basis, should be prorated over 12 months.
Contractual income that is not the household’s annual income (intended to provide support for the household for only a portion of the year) and is not paid on an hourly or piece work basis, shall be prorated over the period the income is intended to cover.
EXAMPLE:
Clients who receive contractual income only during the summer months to supplement their annual income will have their contractual income prorated over the summer months. (See 3410.10.00 for budgeting contractual income received from self-employment. Contractual income that is from the sale of real property is addressed in 3437.00.00.)
Contractual income received other than monthly (for example, quarterly, semi-annually, or annually) should be prorated over that period to establish a monthly amount. 3440.00.00 BUDGETING EXPENSES (S)
The following sections outline which expenses are allowable and the correct policy for budgeting expenses. 3440.05.00 DEPENDENT CARE EXPENSE/DEDUCTION (S)
Expenses for dependent care for a child or other dependent which are incurred by an AG member and are necessary for the member to seek/accept/continue employment or attend training/education in the amount of the actual cost. (f15)
The costs of any adult-supervised activity provided to dependents of any age, before and after school or when school is not in session, are allowable. Such costs may include: • the cost of care, • transportation to and from care, • co-payments for subsidized care, • un-reimbursed payments for care, and • fees for unused care.
Dependent care expenses covered by payments from Step Ahead voucher agents and other government agencies are not allowed as deductions.
If the expense qualifies as both a dependent care and a medical expense, the expense is counted as a medical expense.
Refer to section 3445.50.00 regarding the budgeting of dependent care expenses of ineligible/disqualified AG members. 3440.05.05 CHILD SUPPORT DEDUCTION (S)
Child support payments paid by a SNAP AG to a non-AG member are considered as an allowable deduction if the payments have been ordered by the court.
The deduction may be allowed if the payment is made to an individual or agency outside the household even if the child for whom the support is paid is an AG member. For example, if the payment is being made to IV-D, the deduction would be allowable.
No deduction is allowed if the payment is made to another AG member.
A deduction is to be allowed for any legally obligated Child Support, whether paid directly to the household or as a vendor payment. For example, Child Support that is provided in-kind, such as payment of rent directly to the landlord would also be eligible as a deduction if it is court ordered.
Arrearage payments may be included in the deduction if anticipated to continue. The support order or separation agreement does not have to require payment of arrearages.
The AG must provide verification that the payments have been ordered by the court as well as proof that payments are being made for a deduction to be given.
The AG may use an average of prior month payments as a determining factor in which to base the amount of the deduction. The AG is not required to report fluctuations in the amount of the support received within the certification period when an average has been used to determine the amount of support in the budget. However, the worker must act on changes that the AG voluntarily reports.
If a history of payments does not exist, the deduction will be based on the obligated amount.
At redetermination, verification must be obtained of changes in the legal obligation, including the amount of the obligation and the amount of child support the AG member pays.
Unchanged information must not be verified at redetermination unless the information is incomplete, inaccurate, inconsistent, or outdated.
AG’s which contain all elderly and/or disabled members and have a 12-month certification is required to report changes in the legal obligation to pay child support.
If the allowable child support deduction is paid by an ineligible member, the deduction is divided by all AG members (including the ineligible member) and everyone, but the ineligible member’s
share is counted as deduction in the SNAP budget. See Section 3445.50.00 regarding members who are ineligible/disqualified. 3440.10.00 SHELTER EXPENSE/DEDUCTIONS (S)
Allowable shelter deductions are listed in the following sections. Allowable deductions include continuing charges, taxes, assessments, insurance, and utility expenses and homeless shelter deduction. 3440.10.05 CONTINUING CHARGES (S)
Continuing charges for the shelter occupied by the AG including rent, mortgage, or other continuing charges leading to the ownership of shelter, such as loan repayments for the purchase of a mobile home, including interest on such payments, are allowed as deductions. Condo and association fees are also allowable shelter expenses.
Continuing charges include second mortgages or "home equity loans" as they are commonly known. Regardless of the terminology used or the purpose of the loan the determining factor is whether the loan is secured by a lien placed on the property by the lending institution. Payments on secured loans meet the criteria of continuing charges for the shelter and are considered shelter costs.
Payments made on unsecured, or "personal" loans are not considered shelter costs. Loans provided under the Homestead Act are also allowable as they are continuing charges that lead to ownership of the shelter. Under the Homestead Act, homes are given to households and loans are provided so the shelter can be repaired.
See Section 3445.50.00 regarding the budgeting of expenses of AGs containing ineligible/disqualified members. 3440.10.10 PROPERTY TAXES, ASSESSMENTS, INSURANCE (S)
Property taxes, state and local assessments, and insurance on the structure itself are allowed as deductions.
Separate costs for insuring furniture or personal belongings are not allowed as deductions. If structure/content insurance cannot be separated, the entire premium is allowed.
Service charges for installment payments of insurance premiums are not allowable.
See Section 3445.50.00 regarding the budgeting of expenses of AGs containing ineligible/disqualified members. 3440.15.00 STANDARD UTILITY ALLOWANCES (S)
Four Standard Utility Allowances (SUA) are available. (f17)
The SUA 1 is the heating/cooling allowance. The SUA 1 requires that: • the AG has a recurring primary heating or cooling expense or • that the AG receives an Energy Assistance Payment (EAP) through the Low-Income Home Energy Assistance Program (LIHEAP) or other similar energy assistance benefits. o The household must receive a payment greater than $20 annually from one of these sources in the current month or in the immediately preceding 12 months to automatically qualify for the SUA1.
It is not necessary that the AG have both a heating and a cooling expense. If the AG has only a heating or only a cooling expense obligation and the need for that particular expense has ended solely because the seasonal need for that expense is ended the AG continues to be entitled to the heating/cooling SUA. Also, an AG that has a room air conditioner is entitled to the Heating/Cooling SUA.
Persons in private rental housing who are billed by their landlords based on individual usage or who are charged a flat rate separately from their rent are eligible for the heating or cooling standard (SUA 1).
Persons in public housing units which have central utility meters and which charge households only for excess heating or cooling costs are entitled to the heating/cooling standard (SUA 1).
The heating/cooling SUA 1 includes gas, electricity, water, sewer, trash collection expenses and the telephone standard.
The SUA 2 is the non-heating/cooling allowance. The SUA 2 includes: • electricity and fuel for purposes other than heating or cooling, • water, • sewage, well and septic tank installation and maintenance, • telephone and • garbage or trash collection.
In order to qualify for the SUA 2, the AG must be billed for at least two of the expenses included in the SUA 2.
A third option, the Single SUA may be used if the AG has a utility expense other than heating/cooling or telephone. For example, AGs that pay for trash removal only would receive the Single SUA.
The fourth SUA option is the Telephone Standard. It is allowed for AGs that incur only a telephone expense but do not have a heating or cooling expense. (The telephone is included in the SUA 1 and SUA 2.)
There is never a prorating of utility expenses. If an SSN ineligible, ineligible alien, or disqualified member pays part or all of the utility cost for the AG, the entire applicable standard is allowed in
the budget. Ineligible students are considered non-household members. If an ineligible student pays all an expense, no SUA is allowed in the budget.
SUA amounts are included in Section 3020.00.00 3440.15.05 TELEPHONE STANDARD (S)
An AG which incurs the cost of telephone service that is associated with a specific device and is not eligible for the SUA 1 or SUA 2 is entitled to the Standard Telephone Expense. This includes: • traditional land-line service, • cellular service and • Voice Over Internet Protocol (VoIP, or internet phone service).
Regarding cellular telephone service, the cost is deductible whether the household pays a monthly fee or buys a pre-paid card with a certain dollar value or number of minutes. The cost of pay phones and of phone cards that are not associated with specific devices are not allowed. Actual expenses for telephone service are not allowed.
All AGs living together which share the cost of telephone service that is associated with a specific device (and have no other utility expenses) are eligible for the Telephone Standard. See Section 3440.15.00 regarding members who are ineligible/disqualified.
The cost of special telephone equipment for the handicapped is allowed as a medical expense rather than a shelter deduction.
SUA amounts are included in Section 3020.00.00 3440.15.10 VERIFICATION OF SHELTER EXPENSES (S)
Shelter expenses must be verified at application and whenever an AG moves. Possible shelter verifications are: • Lease • mortgage statement • rent/mortgage receipts (must include contact information including phone number of landlord/rep signing the receipt) • written statement from third party (must include contact information including phone number of person signing statement)
At application, each AG must verify a utility obligation of a primary heating or cooling expense or receipt of Low-Income Home Energy Assistance Program (LIHEAP) for the SUA 1.
The AG must verify the obligation for the relevant utility types if SUA 2, Single Utility Standard, or the telephone standard is allowed. Specific amounts of the obligation are not required.
Homeless AGs may not be able to provide the normal verification of shelter expenses. If a homeless person reports shelter expenses for several nights but is unable to provide verification,
the eligibility worker must use good judgment to decide if verification is adequate or otherwise obtainable. If the costs reported are comparable to the costs incurred by others in the community, the eligibility worker may decide to accept the household's statement as adequate verification. The eligibility worker may anticipate expenses and allow the shelter expenses based on the verification.
Verification at recertification is not required if there has been no change in residence or obligation for expenses since previously verified.
Shelter costs which are allowed in an expedited budget must be verified along with all other postponed verification. Any shelter verification not provided in a timely manner will not be included in the ongoing budget.
3440.20.00 HUD UTILITY PAYMENTS (S)
HUD rent and utility payments are exempt as income.
The HUD payments should be deducted from the actual expense and only the excess portion the AG must pay is to be deducted.
Case notes should document the explanation for the deduction. 3440.25.00 REPAIR COST EXPENSES (S)
Charges for the repair of the home which was substantially damaged or destroyed due to a natural disaster such as a fire or flood are allowable as a shelter deduction.
Shelter costs may not include charges for repair of the home that have been or will be reimbursed by private or public relief agencies, insurance companies, or from any other source. Only the non- reimbursed costs of repairs are allowable. 3440.30.00 SHELTER EXPENSES OF UNOCCUPIED HOMES (S)
Shelter costs are allowable for a home that is not actually occupied for one of the following reasons: • Employment or training away from home; • Illness; • Abandonment of the home due to natural disaster; or • Casualty loss.
Additionally, the shelter costs of an unoccupied home are only allowed if: • the AG intends to return to the home; and • the home is not leased or rented in the AG’s absence; and
• the current occupants of the home, if any, must not be claiming the shelter costs for SNAP purposes during the absence of the AG; and • AGs claiming shelter costs for unoccupied homes must verify the actual expenses to include them in the budget.
If the above stated criteria are met, shelter costs are allowable for the unoccupied home. It is possible for an AG to be eligible for shelter deductions for an occupied home and an unoccupied home during the same month(s).
However, the AG is only allowed one SUA in the budget. The SUA for either the occupied home or unoccupied home may be counted. Whichever SUA is most advantageous to the AG should be budgeted.
If the entire AG moves in the middle of a month and there are shelter expenses for two residences for the same month, the costs from both residences are allowable. However, if a member moves and the AG splits, that member who moved is not allowed the shelter expenses from the former home as a deduction. 3440.45.00 ALLOWABLE MEDICAL EXPENSES FOR SNAP (S)
This section lists allowable medical expenses and how they are used in the eligibility determination for SNAP. Medical expenses more than $35 which are incurred by AG members who are elderly (60 or over), or disabled are allowed if the expenses are not paid by Medicaid and not subject to payment by a third party. This means that if an expense is reimbursable by a third party such as health insurance, it is not an allowable expense. The difference between the amount paid by the third party and the amount of the expense is allowable. Note, in this context the Medicaid program is not a third party. For additional SNAP budgeting information, refer to Section 3440.45.05.
Special diets are not allowable medical expenses. Allowable medical expenses include the following: (f19) • Medical and dental care, including psychotherapy and rehabilitation services provided by a licensed practitioner authorized by state law or other qualified health professional; • Hospitalization or outpatient treatment, nursing care, and nursing home care. For SNAP, payments by the AG for an individual who was an AG member immediately prior to entering a hospital or nursing home provided by a facility recognized by the state are allowed. • Prescription drugs when prescribed or approved by a licensed practitioner authorized under state law and other over the counter medication (including insulin) when prescribed by a licensed practitioner or other qualified health care professional. • A medical deduction can be claimed for the cost of vitamins which are prescribed by a licensed practitioner authorized under State law and for vitamins which can be purchased over the counter when approved by a licensed practitioner or other qualified health professional. A medical expense deduction is allowed since vitamins cannot be purchased with SNAP. • The cost of postage incurred by the individual for mail-order prescriptions is also an allowable medical expense.
• Medical supplies and durable medical equipment. • Health and hospitalization insurance policy premiums. Premiums for health and accident policies such as those payable in lump sum settlements for death or dismemberment, or income maintenance policies such as those that continue mortgage or loan payments while the beneficiary is disabled, are not allowed. • The premiums paid for indemnity policies are not allowed since indemnity policies do not limit benefits and the purposes for which benefits can be used. • If the insurance premium includes AG members not eligible for the deduction and the eligible AG member's portion cannot be broken out, prorate the premiums among all insured AG members and allow only the portion for the eligible AG member(s). • Medicare Part A and Medicare Part B premiums which are paid by the individual; For Medicare recipients on Buy-In, the state pays their premiums and, therefore, the premiums are not allowable in the SNAP budget. • Home health care is a medical expense provided by a licensed health care professional. • Dentures, hearing aids, prosthetics, and eyeglasses (including repairs) prescribed by an ophthalmologist or optometrist. • Actual verified cost of transportation necessary to obtain medical care or items that are allowable expenses. If the person has driven their own car, and cannot prove the actual cost, 40 cents per mile is allowed. • The Medicaid co-payment. This is a nominal fee assessed to certain Medicaid recipients for prescription drugs, non-emergency visits to a hospital emergency room, and transportation services. • Services approved for a recipient under one of the Medicaid Home and Community-Based Services (HCBS) waivers, except case management and home- delivered meals. • The M.E.D. Works Premium. • Cost of purchasing/renting an air conditioner and other equipment which are not considered medical supplies or durable medical equipment, but are prescribed by a qualified health care professional; • Costs associated with securing and maintaining any animal specially trained to serve the needs of elderly or disabled persons such as Seeing Eye dogs, hearing guide dogs, and housekeeper monkeys trained to assist quadriplegics. Specific types of training, credentials or certifications are not required, but the animal must be specially trained to perform a function that the elderly or disabled person cannot readily perform on their own; • Lodging expenses spent to obtain medical treatment or services; • Cost of an attendant, homemaker, childcare services, or housekeeper necessary due to age, infirmity, or illness. If the AG furnishes most of the attendant's meals, an additional medical expense is allowed equal to the maximum one person SNAP benefit allotment. • The Medicaid liability paid by the client when they are residing in a Medicaid certified group living arrangement. • Payments made on an old bill that has not been previously counted in the SNAP budget. • Home repairs and remodeling costs to accommodate a disabled person (example-ramps or handrails). • Expenses for an individual who was or would have been an AG member immediately prior to entering the hospital or nursing home. • Special telephone equipment related to medical needs.
3440.45.05 MEDICAL EXPENSES IN THE SNAP BUDGET (S)
An allowable medical expense is deducted in the SNAP budget if the person who incurs the medical expense is elderly or disabled as defined in Section 3210.10.25.05.
The amount of the medical expense deducted in the SNAP budget depends upon whether the person with the medical expense has been determined eligible for: • SNAP only; • SNAP and regular Medicaid; or • SNAP with Medicaid under QMB-only.
The total amount of the medical expense that exceeds $35 and is not reimbursable by a third party is allowed in the SNAP budget. If a medical expense is reimbursable, only the difference between the amount of the expense and the amount of the reimbursement can be allowed in the SNAP budget. The types of medical expenses which are allowed in the SNAP budget are listed in Section 3440.45.00.
The following discusses how expenses are included: • when all members of the SNAP AG receive SNAP only (Example #1); • when the member of the SNAP AG who incurs the medical expenses is also participating in a regular Medicaid AG (Example #2); • when a member in the SNAP AG who incurs the medical expense is also participating in a QMB-only Medicaid AG (Example #3).
For elderly or disabled individuals who receive SNAP only, the SNAP budget will include all allowable medical expenses listed in items A and B of Section 3440.45.00 which exceed $35. These expenses are indicated in the eligibility system. See Example #1.
However, if a medical expense has been listed as reimbursable, the amount of the medical expense will not be included in the SNAP budget until the amount of the reimbursement is entered. Once the amount of the reimbursement has been entered, the difference between the amount of the expense and the amount of the reimbursement is allowed in the SNAP budget when the amount exceeds $35 see Example #1.
EXAMPLE #1:
Client A receives SNAP only, he has the following medical expenses: $75 durable medical expense (monthly) $200 eyeglass expense (one time only) $50 prescription (monthly)
The SNAP budget will include $75 + $200 + $50 = $325 - $35 = $290. The following month the $200 one-time only expense will be removed and the $75 + $50 = $125 - $35 = $90 medical expense will be budgeted.
(The AG could have also had the one-time only expense prorated over the cert period which would have to be completed by a fiat if the client is also on Medicaid.) See Section 3440.65.05.
For elderly or disabled individuals who receive SNAP and regular Medicaid, the SNAP budget will include all medical expenses which are allowed for SNAP only and medical expenses not covered by Medicaid which exceed $35.
However, if a medical expense has been listed as reimbursable, the amount of the medical expense will not be included in the SNAP budget until the amount of the reimbursement is entered on screen. Once the amount of the reimbursement has been entered, the difference between the amount of the expense and the amount of the reimbursement is allowed in the SNAP budget when the amount exceeds $35.
Some of these expenses are Medicaid co-payment, lodging expenses to obtain medical treatment or services and securing and maintaining a helping animal. Some of these expenses are Medicare Part B premium which is paid by the individual and health and hospital insurance premiums. See Example #2.
EXAMPLE #2:
Client B receives SNAP and Medicaid. She has the following medical expenses, prescription, physical therapy and doctor visits, and health insurance.
$125 prescriptions (monthly) $50 physical therapy expense (monthly) $60 doctor visit expense (monthly) $45 health insurance premium (monthly)
The SNAP budget will include the health insurance premium only, $45 - $35 = $10 because Medicaid will pay for the remaining medical expenses.
The Medicare Premium Part B (self-pay) is always an allowable expense in the SNAP budget. The possibility that it may be paid or bought-in by the State does not make it a reimbursable expense.
Transportation and other medical services provided by neighbors or other non-Medicaid approved providers must be coded as non-Medicaid covered expense, to allow the actual out-of- pocket expenses in the SNAP budget.
If the SNAP AG member who has medical expenses is on the Medicare Savings Program as QMB- only (not full coverage Medicaid), Medicare covered services are not allowed in the SNAP budget because any out-of-pocket expense such as the coinsurance and deductibles will be paid by Medicaid.
EXAMPLE #3:
Mrs. B. has SNAP and QMB-only Medicaid coverage. medical expenses are as follows: $135 in prescriptions $500 in monthly oxygen rental (Medicare covered)
$100 ($135 minus the $35 threshold) is allowed in the SNAP budget because Mrs. B. has no out-of-pocket expense for the oxygen.
3440.47.00 ENTERING MEDICAL EXPENSES IN ELIGIBILITY SYSTEM (S)
Medical expenses must be correctly entered to be reflected in the SNAP budget. Any amount of an expense that is shown as the reimbursable amount will be deducted from the total amount of the expense to be included in the SNAP budget.
For Medicare covered services, the “Medicare approved amount” is the amount of the expense to enter, not the provider's private rate. This amount is discernible on the provider bill to the patient and on the Medicare Summary Notice that the individual receives. Amounts shown as “Medicare write off” are not allowed in the budget. If the provider does not know the Medicare approved amount, the amount that the provider would charge a non-Medicare beneficiary is to be entered. This will likely happen if a bill is presented to the eligibility worker prior to adjudication by Medicare or other insurance. In this situation the verification code for both the expense and the reimbursable amount must be entered as ‘unverified’. Follow regular program verification guidelines. If the eligibility worker does not receive verification of a third-party payment or medical expense amount, the expense is disallowed. 3440.48.00 VERIFICATION OF MEDICAL EXPENSES (S)
Verification of medical expenses will include: • the type and amount of the expense, • the date the expense is incurred, • whether it is reimbursable by a third party, and • the reimbursed amount. • For bills on which a monthly payment has been arranged, verification must be obtained from the provider to prove the arrangement.
Medical expenses and third party reimbursed amounts can be verified by the following: • Bill from a provider; • Receipt from a provider; • Written statement from a provider (written statements from third parties must include contact information including phone number of the person signing the statement); and/or • Telephone contact with the provider, as a last resort.
Verification must show whether a third party has or will be billed, and if a third party has paid, the amount of the payment must be shown so that the caseworker can determine the individual’s out-of-pocket expense.
Medicare or other insurance reimbursement can also be verified by the Medicare Summary Notices that Medicare sends to beneficiaries and other explanation of benefit notices from insurance payers. 3440.50.00 EXPENSES NOT ALLOWED AS DEDUCTIONS (S)
An expense covered by excluded reimbursements or vendor payments shall not be deductible. This would include rent paid by exempt HUD payments (see 2835.15.05 and 2845.55.00). The portion of the rent or utility expense covered by HUD is not calculated as part of the shelter or utility deduction. (f20) The AG would only be entitled to an SUA if they are responsible for paying a portion of the applicable utility.
EXAMPLE:
The AG's rent is paid by a relative who is not an AG member. The relative pays the rent directly to the landlord. The rent payment is not counted as income to the AG nor is it allowed as a shelter expense.
Expenses are only deductible if the service is provided by someone outside of the AG and the AG owes a money payment for the service. For example, a dependent care deduction is not allowed if another AG member provides the care or if compensation for the care is provided in the form of an in-kind benefit such as food. Contributions made by non-recipient household members toward living expenses shared with the AG are exempt as income and the expense is not allowed (see Section 2870.05.00).
Also, expenses covered by in-kind earnings which are not countable (See Section 2815.05.00) are not allowed as deductions.
EXAMPLE:
The AG "works off" $200 of their $400 rent. The landlord verifies he would not give the AG the option to receive the $200 in cash. In this situation, the SNAP budget would not count the $200 as income. The $200 portion of the rent covered by the in-kind earnings is not allowed as a deduction; only $200 is allowed as a shelter cost.
An exception to this rule is expenses paid through LIHEAP (see 2835.05.00). These expenses are to be allowed as a deduction expense if the amount due is current, even though the payment is not considered as income.
3440.55.00 BUDGETING ACTUAL EXPENSES (S)
A deduction is allowed in the month the expense is due, regardless of when the AG intends to pay the expense, unless it is a one-time only or less often than monthly expense. For example, rent which is due each month is included in the AG's shelter costs, even if the AG has not yet paid the expense. (f21)
The due date is the date by which the expense should be paid that is indicated on the bill or statement. If a due date cannot be determined, consider the date the bill or statement is issued to be the due date.
Amounts carried forward from past billing periods are not deductible even if included with the most recent billing and actually paid by the AG. In any event, a particular expense may only be deducted once. 3440.60.00 ANTICIPATING EXPENSES (S)
If actual expenses are not known, an AG's expenses should be based on the expenses the AG expects to be due during the eligibility period. Anticipation of the expense should be based on the most recent month's bills unless the AG is reasonably certain a change will occur.
In the situation where the shelter has recently changed, the AG should be asked to provide proof that they incur the utility expense for the applicable SUA.
Medical expenses for the entire certification period must be reported and verified at the time of certification and budgeted in the appropriate month provided the amount is based on a reasonable estimate of the expense and verification of the change is provided. (See Section 3440.45.15 regarding verifications.) If an AG reports an anticipated change at the time of certification but is unable to provide verification, the AG must be told that the expense will be allowed in the appropriate budget month when the verification is provided. If a change in medical expenses is discovered from a source other than the AG, the change is to be acted upon provided complete verification of the change is obtained without contacting the AG. If the AG voluntarily provides verification of a change, action must be taken according to Sections 2215.00.00 and 2220.00.00.
SNAP AGs are not required to report or verify changes in medical expenses during the certification period. If a new or different expense is reported during the certification period but not verified, the expenses verified previously will be left in the budget. Claims will not be established, nor will auxiliaries be provided for AGs that do not report or verify expenses during the certification period. 3440.65.00 BUDGETING ONE-TIME ONLY EXPENSES (S)
A one-time only expense is an expense which the AG cannot state with certainty when the AG will be billed for again. An example is a prescription which is taken as needed. The AG may choose to have the total expense allowed for one month or averaged over the certification period as follows.
3440.65.05 ONE-TIME ONLY MEDICAL EXPENSES (S)
AGs with medical insurance that are entitled to the medical deduction will have the portion of their medical expenses, which have not been paid by an insurance company or another third party, considered as a one-time only expense when the information about the client's share of the expense is received. This will usually be known when the statement is received from Medicare or the insurance company explaining what amount was paid and the remaining portion of the bill that is the client's responsibility to pay. When the amount paid by the 3rd party is entered in the reimbursed amount field, the remainder of the bill will be counted.
One-time only medical expenses are budgeted in one of two ways: • A one-month deduction in the budget month in which the bill is due during the application process month, or the first month the caseworker will be able to allow the expense if reported as a change; or • A deduction prorated over each of the rest of the months of the certification period. The caseworker will prorate the expense over the period beginning with the first budget month in which the expense may be included and ending with the last budget month of the certification period.
If the person with the expense also receives MED I, the SNAP AG must be FIATed, because none of the MED I categories allow the pro-ration of one-time medical expenses. If the expense is a SNAP only expense, then FIATing is not necessary. 3440.65.10 ONE-TIME ONLY NON-MEDICAL EXPENSES (S)
All one-time only expenses except medical expenses are budgeted in one of the two ways: • A one-month deduction in the budget month in which the bill is due during the application process month or the first month the expense may be budgeted; or • A deduction prorated over the remaining months of the eligibility period regardless of when it is reported. The expense will be prorated over the period beginning with the next budget month of the eligibility period and ending with the last month of the eligibility period. 3440.65.15 CHANGES IN ONE-TIME ONLY EXPENSES (S)
If the AG reports a change in a one-time expense, the new expense is added to the current expenses.
The worker must explain the budgeting options to the client and assist with determining which option is to the AG's advantage.
Case notes should include a statement about which option the client selected. 3440.70.00 BUDGETING LESS OFTEN THAN MONTHLY EXPENSES (S)
A less often than monthly expense is an expense the AG can state when it will occur again, but that will not occur each month. The AG may choose to have the total expense allowed for one month or prorated as follows: • A one-month deduction in the budget month the expense is due, if reported as a change or during the application process. • A deduction prorated over the period intended to cover or prorated over the interval between scheduled billings. The AG must be able to state what period the expense is intended to cover and when the next bill will be due. The caseworker will prorate the expense over the period beginning with the first month the expense is due and ending with the last month the bill is intended to cover, or the month before the next bill is due. The prorated amount will be counted in each budget month included in the proration. This may be the new certification period.
If a second billing for a type of expense coded less often than monthly is received, the second billing may be added to the first if the same budget method is chosen and the period intended to cover is the same.
If a different budget method or the period intended to cover is different, another type of code must be used as the eligibility system will not budget 2 expenses with the same "Type" code. Select "Other" and document the client’s option in case notes. 3440.75.00 BUDGETING ONGOING EXPENSES (S)
Ongoing expenses are received at regularly scheduled intervals. The amount of an ongoing expense which is counted is the current amount (including taxes) reported and verified at application. This amount remains in the budget until a subsequent change is reported. If a monthly variation is anticipated, the variable amount will be used for the appropriate budget month.
Whenever an expense is received or anticipated to be received on a weekly, biweekly, or semimonthly basis for the entire month, the expense is to be converted to a monthly amount by multiplying weekly amounts by 4.3, biweekly amounts by 2.15, and semimonthly amounts by 2. (f22) 3440.90.00 SHARING EXPENSES (S)
The amount to be used when an AG/ineligible member is responsible to a third party for a shelter expense, but has a nonparticipating member contribute toward the expense, is determined by subtracting the amount contributed by the nonparticipating member from the total expense.
Documentation in case notes should support the reason. 3440.95.00 EXPENSES OF DISQUALIFIED MEMBERS (S)
The entire amount of allowable medical and dependent care expenses incurred by or paid by an IPV ineligible, fleeing felons, parole/probation violator, drug felon or Work Requirement noncompliant member is allowed as a deduction.
A pro-rata share of dependent care expenses, which is either paid by or billed to the SSN ineligible member or ineligible alien, is counted as a deduction for the remaining members. The system of eligibility makes this determination automatically. 3445.00.00 BENEFIT CALCULATION (S)
The method used to determine an AG's benefit is dependent on the composition of the AG. However, all AGs are given a standard deduction. AGs with earned income are allowed an earned income deduction. 3445.05.00 STANDARD DISREGARD (S)
All AGs are allowed a standard deduction based on the household size as determined by federal regulations. The current standard amounts are listed in Section 3025.10.00. The amount is established by federal regulations and is adjusted each October. (f23) 3445.10.00 EARNED INCOME DEDUCTION (S)
Twenty percent of gross earned income is allowed as a deduction. No additional deductions are allowed from earned income except for costs of self-employment. (f24)
The earned income deduction is not allowed on any portion of income earned under a work supplementation (Grant Diversion) program that is attributable to public assistance (TANF). If there is additional money received by the client that is non-subsidized, the earned income deduction will be applied to this portion of the client's income. 3445.15.00 CATEGORICALLY ELIGIBLE AGS (S)
An AG comprised entirely of persons receiving or authorized to receive TANF and/or SSI does not have the gross or net income figure compared to the limits to determine eligibility. Such AGs are considered categorically eligible for the SNAP program but may or may not receive a SNAP allotment.
The allotment for these AGs is designated on the issuance charts. These AGs are to be suspended if not eligible for an allotment. Their benefit level is determined as other AGs according to the following sections.
In addition to the income and resource information other eligibility factors deemed to be met and verified for categorically eligible SNAP AGs include Social Security number, sponsored alien information and residency.
3445.20.00 GROSS INCOME ELIGIBILITY DETERMINATION (S)
The total gross income of all AG members and disqualified members is the gross income. This figure will include both earned and unearned income.
Exempt income is not included in this total. This gross income figure is compared to the Gross Income Eligibility Standards to determine eligibility for AGs which do not contain an elderly/disabled member and/or is not categorically eligible.
If the AG's gross income exceeds the gross income limit for the AG size, the AG is ineligible. If the AG's gross income is below the limit, eligibility is based on the AG's net income. 3445.20.05 NET INCOME CALCULATION FOR AGS BELOW THE GROSS INCOME LIMIT (S)
The following steps outline the determination of the net income for those AGs determined to be gross income eligible: • The total gross income of all AG members is added together. o This figure will include both earned and unearned income. The gross earned income (except any portion of grant diverted income) is multiplied by 20% and this figure is subtracted from the total gross income. • The standard deduction is subtracted from the income amount. • The child support deduction is subtracted from the remaining income. • The monthly dependent care deduction is subtracted from the remaining income. • The allowable shelter expenses are added to determine total shelter costs. 50% of the adjusted income (the AG’s monthly income after all the above deductions have been subtracted) is subtracted from the total shelter costs. The remaining amount, if any, is the excess shelter deduction. o If there is no excess shelter deduction, the net monthly income has been determined. o If there is excess shelter deduction, the excess shelter deduction is subtracted up to the maximum amount allowed. • The AG’s net income is determined.
NOTE: It is possible that certain AGs may meet the gross income eligibility determination, but not be eligible for any benefits due to excess net income. This case shall be denied if at application or cancelled if a change has been reported. 3445.25.00 NET INCOME CALCULATION FOR ELDERLY/DISABLED AGS (S)
The following steps outline the determination of an AG’s net income if the AG has at least one- member aged 60 or over or who is disabled: • The total non-excluded gross income of all members of the AG is added to the income of disqualified members (see Budgeting AGs with Disqualified Members, Section 3445.50.00). This figure will include both earned and unearned income.
• The total gross earned income is multiplied by 20% and this figure is subtracted from the total gross income. • The standard deduction is subtracted from the income amount. • The child support deduction is subtracted from the remaining income. • $35 is subtracted from the verified non-reimbursable medical expenses. • The monthly dependent care expense is subtracted from the remaining income. • The allowable shelter expenses are added to determine total shelter costs. 50% of the adjusted income (the AG’s monthly income after all the above deductions have been subtracted) is subtracted from the total shelter costs. The remaining amount, if any, is the excess shelter cost. • If there is no excess shelter cost, the net monthly income has been determined. • If there is excess shelter cost, the excess shelter cost is subtracted from the AG’s monthly income after all the above deductions have been made. • The AG’s net SNAP income is determined. 3445.30.00 165% INCOME LIMIT BENEFIT CALCULATION (S)
When an individual is 60 years of age or older and resides with others but is unable to purchase and prepare meals, they may be able to be a separate AG if the following conditions apply: • They suffer from a disability considered permanent by the Social Security Administration (SSA) or suffers from a non-disease-related, severe, permanent disability, and • The gross income of the others with whom they reside (excluding the income of the individual’s spouse) is less than the 165% Gross Income Limit (found in Chapter 3000).
If eligible, the individual’s spouse (and dependent children) must also be included in the AG.
The eligibility system will determine eligibility for this provision by including all those who eat together and their income. If the AG passes the 165% gross standard it will fail the AG with all included and then form separate AGs with the elderly disabled individual (their spouse and their dependent children) in a separate AG. 3445.35.00 ROUNDING (S)
In calculating net SNAP income, cents are retained in all calculations made to determine the SNAP income. The final income figure is rounded to the closest dollar amount. The amount is rounded down if the income figure ends in one cent through 49 cents and rounded up if the income figure ends in 50 cents through 99 cents. 3445.40.00 SNAP BENEFIT LEVEL (S)
The net monthly income is compared to the net income eligibility standards for the appropriate AG’s size. If the AG is determined eligible, the eligibility system will determine benefit levels based on the Thrifty Food Plan.
The eligibility system will prorate benefits if the AG is subject to prorated benefits.
If the calculation of benefits for any AG size would yield an allotment of less than $10 during an initial month, no benefit will be issued for that initial, prorated month.
All eligible one or two person AGs will receive at least the minimum benefit of $25 for ongoing months effective 10/01/2026.
Categorically eligible AGs not eligible for a benefit should be suspended.
If the net income exceeds the limit the AG is denied benefits except for categorically eligible assistance groups (which will be suspended). 3445.40.05 PRORATING BENEFITS (S)
An AG’s allotment for the initial month of entitlement is based on the day of the month it applies for benefits. AGs receive allotments prorated from the day of application to the end of the month. (f25)
An exception to the above occurs with migrant and seasonal farm workers. These AGS do not have their allotment prorated. They receive a full month's allotment for the initial month of participation if the AG has participated in the SNAP program in any state within 30 days prior to the date of application.
At application, AGs which provide untimely verifications (after the 30th day) will not receive benefits for the month in which the application was filed if the household was at fault for the delay. (f25a)
The eligibility system calculates the prorated allotment, provided verifications are input into eligibility system on the day they are received. However, if the proration must be completed off- line the following formula may be used: • The full month’s benefits are multiplied by the: o (Number of days in the month minus the date of the application + 1) divided by the: o Number of days in the month • Equals the allotment amount.
EXAMPLE:
The date of application is 5/20/XXXX and the full month allotment for the AG is $218.
1. Number of days in may is 31, minus the date of the application (5/20) = 11 + 1= 12 2. 12÷31 (number of days in May) = .387 3. 218 times .387 = $84
218 divided by 31 (number of days in the month) times 12 equals the prorated benefit amount.
To figure the 2nd month proration, the worker will enter the date the final verification(s) came in by entering this date in eligibility system. The system will automatically prorate the 2nd month's benefits from this date. 3445.50.00 BUDGETING AGS WITH DISQUALIFIED MEMBERS (S)
Individual AG members may be disqualified for: • IPV; • failure to obtain or refusal to provide an SSN; • failure to comply with a work requirement; • ineligibility as an alien; • failure to comply with ABAWD (Able Bodied Adults Without Dependents) requirements. • fleeing to avoid prosecution, custody, or confinement after conviction. • violating a condition of federal or state probation or parole • felony conviction under state or federal law for an offense related to the possession, use or distribution of a controlled substance.
During the period an AG member is disqualified, the following procedures are used to determine the eligibility and benefit level of any remaining AG members. (f26) The eligibility system determines the amounts of resources, income, and expenses of disqualified members automatically.
The entire amount of income and expenses of an AG member disqualified for IPV, Work Registration, IMPACT, fleeing felon, parole/probation violation, ineligible alien, or felony drug conviction is considered in the eligibility and benefit calculation.
A prorated share of the income and expenses of the SSN ineligible member, disqualified member, or ABAWD non-compliance member is counted as income to the remaining members. This prorated share is calculated by first subtracting the allowable exclusions from the disqualified member's income and dividing the income evenly among the AG members, including the disqualified member.
All but the disqualified members' share is counted as income to the remaining AG members. The 20% earned income deduction applies to the prorated income.
An ineligible individual(s) is not considered when determining the AG's gross/net income limits or allotment level. The eligibility system determines the prorated income and determines the eligibility/allotment.
The resources of all disqualified members are considered in their entirety along with the resources of eligible members to determine eligibility. However, the disqualified member is not included when determining the AG’s size for the purpose of comparing the AG’s resources with the resource eligibility limits.
The resources and income of the sponsor and the sponsor's spouse are not included in determining the resources and income of an ineligible sponsored alien.
3445.55.00 BENEFIT CALCULATION WITH INCOME FROM SPONSORS (S)
If an alien is sponsored by an individual rather than an organization, a portion of the sponsor' income is available to meet the needs of the alien.
Note: The income and resources of a sponsored alien child or a citizen child under 18 years of age are not counted.
The monthly income considered available to the alien from the sponsor (and the sponsor's spouse) is determined according to the following standard:
Sponsor + spouse’s total gross earned income = $________________ Earned income deduction
-___(20%)_________ Countable earned income = $________________ Sponsor + spouse’s total unearned income = $________________ Total of countable earned and unearned income
=
$________________ Gross income limit for sponsor’s household size (sponsor, sponsor’s spouse & tax dependents)
-_________________ Total unearned deemed income from sponsor
$________________
NOTE: Total deemed income from sponsor is divided by the number of this sponsor's sponsored aliens in SNAP recipient AGs and the result attributed to each AG. No changes in this attributed income are needed unless/until recertification, the alien's sponsor changes, or the sponsor dies. (f27) 3445.60.00 NO SNAP INCREASE WHEN TANF DECREASED DUE TO NON- COOPERATION (S)
SNAP will not be increased when failure to comply with public assistance programs requirements results in a decrease of the public assistance payment for the AG if the noncompliance involves an IV-D, Voluntary Quit or Fiscal penalty. (f27a) Currently only SSI and TANF benefits fall under this definition.
This rule only applies to Assistance Groups (AG) that are authorized to receive benefits at a reduced level due to non-cooperation with TANF or SSI as determined by these programs. This policy will be applied when TANF clients are sanctioned or disqualified for IMPACT, IV-D, Intentional Program Violations and when fiscal penalties are applied to the TANF AG. It does not apply in situations where an AG does not meet program requirements. For example, reduced benefits due to the 24-month time limit, or new alien requirements would not be considered non-compliance.
If a TANF AG is approved with a fiscal penalty or an individual member is sanctioned for any month, the SNAP benefits for the AG will be calculated with the full TANF amount before the sanction or fiscal penalty is deducted. The Eligibility System will have to recalculate the TANF grant
without the fiscal penalty and/or sanction and use this amount in the SNAP budget to ensure there is no increase in SNAP as a result of the TANF reduction.
This policy only applies when the individual is receiving SNAP or was an ineligible SNAP member at the time of the penalty for failure to comply with the requirement for TANF or SSI is authorized.
Because TANF sanctions and fiscal penalties by themselves do not terminate TANF eligibility for the AG, this policy will not apply when a TANF case is closed, and a sanction or penalty is in effect and the SNAP case remains open. For example, a TANF case with an IMPACT sanctioned member is closed due to earnings effective 3-1-1999. The TANF award will be removed from the SNAP budget for 3-1-1999. Should the client reapply later and the TANF sanction is continued when the case is reopened, the SNAP budget should reflect what the new TANF award would be without the sanction.
The policy will not be applied when the act of non-compliance results in a "Dual" SNAP sanction as well as a TANF or SSI sanction. For example, a person exempt from SNAP work registration because they are referred to the TANF work program will be sanctioned/disqualified by both programs resulting in decreased benefits for both programs. In this situation benefits will be reduced for both programs when the person is disqualified. For example, an individual who receives a penalty in both TANF and SNAP for Voluntary Quit will have the actual TANF amount after the penalty is applied budgeted for SNAP.
As options under PRWORA are taken to extend all TANF disqualifications to the SNAP Program the application of this policy may be limited to situations where "fiscal sanctions" are applied to TANF recipients who retain eligibility for both programs.
If information about SSI sanctions is not available to the State Agency, the State agency will not be penalized by QC for increasing SNAP benefits.
Occasionally, the Food and Nutrition Service has provided lists of SSI recipients who were overpaid SSI benefits due to a fraudulent act as determined by an SSA hearing. These lists have never included a current Indiana resident, however, if you suspect an SSI recipient's benefit has been reduced due to fraud you must contact the Social Security Administration to attempt to verify the reason for the reduction. If the SSI payment is reduced due to a fraudulent act, we must budget the SSI amount prior to the reduction to ensure "no SNAP increase".
TANF recoupments to collect over issued benefits that resulted from an IPV will not be deducted from the SNAP budget. This amount may be in addition to the reduction of benefits due to the disqualification of an individual. The eligibility system will continue to include any recoupment of TANF benefits to repay a TANF IPV over issuance in the SNAP budget. This policy has been in effect for many years but was not applied because TANF did not determine if over issuances were the result of an IPV. (f27b)
If it is later determined that the reduction of TANF was not appropriate, the reduction in the SNAP benefits must be restored.
3450.00.00 FINANCIAL ELIGIBILITY & BENEFIT CALCULATION (C)
After the AG members have been determined in accordance with Chapter 3200.00.00 and the maximum benefit has been established as directed in the following section, a determination of the assistance group's financial eligibility is made. The Cash Assistance financial eligibility determination is a comparison of the AG's needs to the AG's countable income.
Budgeting procedures are discussed in the following sections. 3450.05.00 RESERVED 3450.05.05 GROSS INCOME TEST (C)
The following applies to TANF applicants, and Refugee Cash Assistance applicants.
A dependent child and woman who otherwise qualifies for assistance and is part of an assistance group that has gross income that is not more that thirty-five (35%) percent of the federal income poverty level; is eligible for TANF assistance.
After June 30, 2027, a dependent child and woman who otherwise qualifies for assistance and is part of an assistance group that has gross income that is not more than fifty (50%) percent of the federal income poverty level is eligible for TANF assistance. 3450.15.00 EARNED INCOME DEDUCTIONS (C)
Certain deductions are allowed in determining the amount of countable earned income for the purposes of financial eligibility and Cash Assistance benefit calculation. These earned income deductions are discussed in the following sections. 3450.20.00 WORK EXPENSE DISREGARD (C)
A monthly work expense disregard is allowed from gross earned income as follows: • A work expense disregard of $90 is allowed as a deduction per each employed participating AG member. • A work expense disregard of $90 is allowed as a deduction per each employed nonparticipating AG member. For example, a nonparticipating member may be a parent of a minor pregnant applicant/recipient or a spouse of an applicant/recipient. 3450.25.00 $30 AND 1/3RD DISREGARD (C)
The policy stated in this section applies to all categories of cash assistance.
In addition to the work expense disregard, a work incentive disregard of $30 and 1/3rd is applied to the remaining earned income of participating AG members. This disregard is applied for four consecutive months.
The following sections discuss when this incentive deduction may be applied. 3450.25.05 $30 AND 1/3RD DISREGARD AT INITIAL ELIGIBILITY (C)
The policy stated in this section applies to all categories of cash assistance.
When determining initial eligibility, the $30 and 1/3rd disregard is applied if the AG's gross income minus deductions for the $90 work expense disregards results in a net income figure which is less than the AG's total adjusted needs.
For TANF or Refugee Cash Assistance (RCA), the earliest the disregard can be applied is for the first payment month.
Once the $30 and 1/3rd disregard has been applied to an individual's income, subsequent entitlement to the disregard is determined as explained in Section 3450.25.15. 3450.25.10 $30 AND 1/3RD DISREGARD AT REAPPLICATION (C)
The policy stated in this section applies to all categories of cash assistance.
When determining eligibility at reapplication for TANF (or Refugee Cash Assistance (RCA), the $30 and 1/3 disregard is deducted from the income of any individual who is a member of a TANF (or RCA) unit: • which received assistance in one of the preceding four months (must have previous TANF for TANF disregard, RCA for the RCA); or • whose AG's gross income minus deductions for the $90 work expense disregard results in a net income figure which is less than the TANF (or RCA) AG's total adjusted needs; and • had not previously had the $30 and 1/3 deduction applied against his earnings for four consecutive months or has had the four consecutive months of $30 and 1/3 deduction but has been off assistance for a period of 12 consecutive months after receiving the disregard. 3450.25.15 $30 AND 1/3RD DISREGARD FOR ONGOING CASES (C)
The policy stated in this section applies to all categories of cash assistance.
When determining ongoing eligibility, the $30 and 1/3 disregard is deducted if: • The AG received assistance in one of the preceding four months (must have previous TANF for TANF disregard, previous RCA for the RCA disregard); and • The AG member with earnings had not previously received four consecutive months of the disregard, or had received four consecutive months of the disregard, but has been off
assistance for a period of 12 consecutive months after receiving four months of $30 and 1/3 disregard. 3450.25.20 DETERMINING COUNTABLE MONTHS OF $30 AND 1/3RD DISREGARD (C)
The policy stated in this section applies to all categories of cash assistance.
The $30 and 1/3 disregard are applied to earned income for four consecutive months. In determining the months, the following guidelines apply: • If any part of the $30 and 1/3 disregard is applied (even less than $30), a month of $30 and 1/3 is counted. • When receipt of the $30 and 1/3 disregard is interrupted before the expiration of four consecutive months, the four consecutive month period begins over when the first month disregards are again applied.
Overpayment calculations involving the $30 and 1/3 disregard count as a month of disregard. These calculations may change a previously calculated expiration of $30 and 1/3. 3450.25.25 $30 DISREGARD (C)
The policy stated in this section applies to all categories of cash assistance.
Upon expiration of the $30 and 1/3 disregard, an applicant/recipient is entitled to a deduction of $30 from the earned income remaining after the standard work expense disregard is subtracted. The entitlement to the $30 disregard is limited to a period of eight consecutive months (regarding Refugee Cash Assistance (RCA), until the end of their eight (8) month period) and begins the month following the month the $30 and 1/3 disregard expired.
This period continues for eight calendar months regardless of whether the $30 disregard is utilized.
If an individual becomes ineligible for TANF after receiving the $30 and 1/3 disregard for four consecutive months, but before the eight additional months of the $30 disregard expires, the individual is eligible for the remaining months of the $30 disregard if they return to apply for TANF during that time.
This deduction is allowed for participating AG members and nonparticipating sanctioned AG members. 3450.30.00 DISREGARD OF QUALIFYING STUDENT INCOME FOR ONGOING ASSISTANCE (C)
After being determined eligible for ongoing TANF assistance, additional annual income (based on calendar year) of up to fifteen thousand dollars ($15000) which is more than the TANF income
standard and earned by each qualifying student in the AG may be excluded. An individual is considered a qualifying student if they: • Reside in the household. • Are less than twenty-four (24) years of age; and • Earn the additional annual income while they are a student participating or pursuing one of the following: o Post-secondary degree o Workforce certificate o Pre-apprenticeship o Apprenticeship
Qualifying individuals will have 13 days to verify their participation and eligibility for the disregard. If verification is not received, the system will apply regular TANF budgeting rules without the disregard. 3450.30.05 DETERMINING STUDENT DISREGARD AMOUNT (C)
If the total income is less than the income standard for TANF, no disregard is applied. This allows the student to save the disregard for when it is needed.
If the total income exceeds the income standard for TANF, the excess earnings will be disregarded to allow the AG to remain eligible.
When an AG has the disregard applied, it will be re-evaluated monthly through an interface to determine the monthly income to be disregarded until the annual limit of $15000 is reached. 3450.35.05 BENEFIT CALCULATION (C)
If allocation from a parent is required, the calculations discussed in Section 3450.40.10 are used.
To determine benefit entitlement for Cash Assistance (after allocation from a parent if required): • Determine the total grant amount of the participating AG members; • Determine the amount of non-exempt gross earned, unearned, and deemed income; • Subtract applicable earned income deductions from gross income, including: o work expense disregard, o $30 and 1/3 disregard, and o incapacitated adult care expenses. • The result is the net countable income.
For new applications, if the adjusted net income equals or exceeds the adjusted needs, the assistance group is ineligible for TANF. If less, the benefits are determined by disregarding 75% of the gross earned income and applying 25%. The maximum benefit amounts are listed at 3050.10.00.
An on-going AG's countable income must be less than 100% of the Federal Poverty Guideline to be eligible for cash assistance, and the benefits are determined as above. (f33a) If the adjusted net income equals or exceeds the adjusted needs; the assistance group is eligible for TANF with: • In AGs where a parent or essential person receiving assistance has earned income and is the sole contributing factor (no sanctions, Voluntary Quit or fiscal penalties), a minimum grant of ten dollars ($10); (f75) • In AG’s where there is no earned income, a zero grant ($0). (f76) 3450.40.00 ALLOCATION OF PARENTS’ INCOME (C)
Allocation is the process of allowing a participating AG parent's income to be used to meet the needs of certain nonparticipating AG members prior to the consideration of the income in the benefit calculation. A parent's income may be allocated to meet the needs of a nonparticipating spouse. Income is never allocated to stepchildren or SSI recipients.
Allocation to a spouse occurs only when the spouse does not have sufficient income to meet their needs.
Budgeting procedures are discussed in the following sections. 3450.40.05 ALLOCATION/GROSS INCOME TEST (C)
To determine the amount of income to be counted in the gross income test when allocating income from a parent: • Determine the amount of the parent's gross income; • Subtract an amount equal to the unmet needs of the nonparticipating spouse and their non-participating children by: Determining the nonparticipating spouse's gross income; Subtracting the work expense disregard; Subtracting the total need standard of the non- participating spouse and non- participating children in the home who are solely their responsibility; • If the spouse has insufficient income to meet the needs of children who are solely their responsibility, the allocation equals the need standard of the nonparticipating spouse. • The remainder of the parent's income, if any, is counted in the gross income test.
3450.40.10 ALLOCATION/BENEFIT CALCULATION (C)
To determine eligibility and the benefit amount when allocating income from a parent:
• Determine the amount of the parent's gross income; • Subtract applicable earned income deductions including: o work expense disregard; o $30 and 1/3 disregard; and o incapacitated adult care expense; • Subtract an amount equal to the unmet needs of the spouse by: o Determining the nonparticipating spouse's gross income; o Subtracting the work expense disregard from earned income; o Subtracting the total the total maximum benefit amount for nonparticipating children in the home under age 18 who are solely the spouse's responsibility; o Subtracting the total maximum benefit amount for the nonparticipating spouse. • If the spouse has insufficient income to meet the needs of children who are solely their responsibility, the allocation equals the total maximum benefit amount for the nonparticipating spouse. • The remainder of the parent's income, if any, is counted in the benefit calculation and amount as described in section 3450.35.05. 3450.45.00 DEEMED INCOME CALCULATION (C)
Deeming is the process of counting a portion of the income of certain non-participating AG members in the Cash Assistance benefit calculation. The income of the following persons is deemed available to the participating members of the AG: • Ineligible parents (Section 3450.45.10.05); • Disqualified Parents (Section 3450.45.10.10); • Stepparents (Section 3450.45.05); • Spouses of non-parental caretaker relatives who are participating members of the AG (Section 3450.45.05); • Parents of minor parents living in the home (Section 3450.45.15); and • Sponsors of aliens (Section 3450.45.35).
The deeming calculations are discussed in the following sections. 3450.45.05 INCOME DEEMED FROM A STEPPARENT/NON-RECIPIENT SPOUSE (C)
The non-exempt income of a stepparent living in the home or that of a non-parent caretaker relative's spouse (provided that the caretaker has opted to be included on the grant) is first considered to meet the needs of the stepparent/spouse and their dependents.
The needs of an SSI recipient are not included when determining the amount of the stepparent's or spouse's income necessary to meet their and their dependents' needs.
When determining the amount to be deemed to the TANF AG from the stepparent, the Local Office is to: • Determine the amount of the stepparent or spouse's gross income (to determine gross income from self- employment, see Section 3410.00.00);
• Subtract the $90 work expense disregard from earned income. Subtract mandatory deductions actually being withheld from unearned income; (f34) • Subtract an amount equal to the maximum benefit amount for the stepparent or spouse and their non-common dependent children living in the home; • Subtract the actual amount paid to dependents living outside the home (a dependent is any person who is or could be claimed by the stepparent for tax purposes); • Subtract the actual amount of child support or alimony paid to persons living outside the home regardless of whether or not they are or could be claimed for tax purposes; and • The remaining income is to be counted in all eligibility determinations for the TANF AG. (f35)
When the above determination includes the needs of the ineligible parent of a TANF child, any countable income that the parent has in their own right, either earned or unearned, is to be taken into account in determining the eligibility of the TANF AG, see IPPM 3450.45.10.05. 3450.45.10.05
INCOME DEEMED FROM AN INELIGIBLE PARENT (C)
Ineligible parents, aliens who do not meet the citizenship or alienage requirements, and aliens with sponsors whose income and resources are sufficient to meet the needs of the alien are specifically precluded from receiving TANF benefits. When this ineligible person is a parent of a TANF child, the ineligible parent's income is to be considered in determining the financial eligibility of their child applying for or receiving assistance.
In determining the amount of income deemed available to the TANF AG from the ineligible parent, the Local Office is to: (f38) • Determine the parent's countable income (the parent is allowed only the $90 work expense disregard against their earnings); (f39) • Subtract from the parent's countable income the maximum benefit amount for the ineligible parent and their nonrecipient dependents who live with him. These dependents include only the parent's non-eligible natural or adoptive children under age 18 and the parent's spouse without income or with income which is insufficient to meet their needs. However, the needs of a spouse or a child who receives SSI are not considered in this determination. • When the ineligible parent's spouse has income, but the spouse's income is insufficient to meet the needs of their dependents and themself, an additional computation is necessary. The purpose of this computation is to determine the amount of the allocation necessary from the parent's income to meet the deficit between the spouse's and their dependent's needs and the spouse's income. • The ineligible parent's remaining income is deemed available to the TANF AG and is considered in the eligibility determination and benefit calculation. 3450.45.10.10
INCOME DEEMED FROM A DISQUALIFIED PARENT (C)
Disqualified parents, those serving penalties for either: • a Felony Drug Conviction; or
• an Intentional Program Violation (IPV) are specifically precluded from receiving TANF benefits.
When this disqualified person is a parent of a TANF child, the disqualified parent's income is to be considered in determining the financial eligibility of their child applying for or receiving assistance. In determining the amount of income deemed available to the TANF AG from the disqualified parent, the Local Office is to: • Include the income of each disqualified individual in the benefit calculation as if the individual was in the benefit group; however, • the disqualified individual(s) will not be included in the AG household size and their needs won’t be considered. 3450.45.15 INCOME DEEMED FROM THE PARENTS OF A MINOR PARENT (C)
The non-exempt earned and unearned income of a non- recipient parent of the minor parent who is living in the home is deemed available to the minor's TANF AG.
Income is deemed from the non-recipient parent of a minor parent even when the minor parent is married if the parent and their spouse reside with the parent.
There is no income allocated to meet the needs of SSI recipients or sanctioned individuals. 3450.45.25 INCOME DEEMED FROM NON-RECIPIENT PARENT WITH SPOUSE (C)
When determining the amount to be deemed to the TANF AG, the Local Office is to: • Determine the amount of the parent's gross income (see Section 3410.00.00 for determination of gross self-employment income); • Subtract the $90 work expense disregard from earned income. • Subtract any mandatory deductions actually being withheld from unearned income; • Subtract an amount equal to the maximum benefit amount for the parent and the parent's dependent child under 18 years of age living in the home who is solely the parent's responsibility; • Subtract from the parent's income the actual amount paid for a dependent living outside the home, child support or alimony; • Determine the spouse's available income by using the same procedures as the stepparent deeming procedures to determine what are the needs. • Deduct an amount equal to the verified unmet needs of the spouse and any common children. (If the spouse refuses to provide verification of income no allocation can be made to the spouse or common children.) • Remainder is income to the TANF AG.
3450.45.30 INCOME DEEMED FROM A NON-RECIPIENT PARENT WITH NO SPOUSE (C)
When determining the amount to be deemed to the TANF AG, the Local Office is to: • Determine the amount of the parent's gross income (see Section 3410.00.00 for determination of gross self-employment income); • Subtract the $90 work expense disregard from earned income. • Subtract any mandatory deductions actually being withheld from unearned income; • Subtract from the parent's income the actual amount paid for a dependent living outside the home, support payments or alimony; • Subtract an amount equal to the maximum benefit amount for the parent and any dependent child under the age of 18 years living in the home; • Remainder is income to the TANF AG. 3450.45.35 INCOME DEEMED FROM AN ALIEN’S SPONSOR (C)
The income of an individual sponsoring an alien is considered in determining the alien's eligibility for TANF and Refugee cash assistance.
To determine monthly income deemed available to the alien from the sponsor (and the sponsor's spouse if living with the sponsor) not receiving TANF or SSI: • Total the earned and unearned gross income of the sponsor and the sponsor's spouse; • Subtract 20% of the earned income amount not to exceed $175; • Subtract the total maximum benefit amount for the sponsor and other individuals living in the sponsor's home who are claimed by the sponsor as dependents to determine their federal personal income tax liability. Do not include individuals who receive TANF or
SSI. • Subtract support payments made by the sponsor or spouse, including: o spousal or child support to individuals outside the home; and o amounts paid by the sponsor to individuals outside the home who are claimed by the sponsor as dependents to determine their federal personal income tax liability; (f41) • The remainder of the income if any, is counted and is considered in the eligibility determination and benefit calculation.
When an individual is a sponsor of two or more aliens living in the same home, the sponsor's deemed income is equally divided among the aliens. (f42) 3450.50.00 INCOME OF THE MINOR PARENT (C)
When the child of a minor parent is added to an existing TANF AG, the income of the minor parent who is also an eligible child in the grant of their parent or caretaker is to be treated in the same manner as that of any other child. The income is to be given the same consideration with respect to disregards, exemptions, and so forth.
When the minor parent is considered in the AG as the parent or caretaker and the minor aged parent has no applicant/recipient siblings which would force the minor parent to take a dependent child role within the AG, only the income which is available to the minor parent is to be budgeted in all eligibility determinations. The income is to be given the same consideration with respect to disregards, exemptions, and so forth as that of any other caretaker relative applicant or recipient.
Any income that is drawn for the direct benefit of a minor parent is available in total when such benefit is made payable to the minor or to a representative payee who lives with the AG. 3450.55.00 PRORATING BENEFITS (C)
Cash benefits are prorated when an application is filed on the first day of any month containing 31 days. When this occurs, a one-day benefit is payable for that month.
Proration does not occur in any other situation.
3499.00.00 FOOTNOTES FOR CHAPTER 3400
Following are the footnotes for Chapter 3400: (f1) 7 CFR 273.10(a)(1)) i) ; (f1a) 405 IAC 2-5-1(b) (f2) 7 CFR 273.10(c)(2)(i) (f3) 7 CFR 273.11(a)(4) (f4) 470 IAC 10.1-3-4 (f5) 405 IAC 2-3-3 (f6) 7 CFR 273.11(b) (f7) 7 CFR 273.1(d)(2) (f8) Higher Education Amendments of 1992, P.L. 102-325 ( (f15) P.L. 110-246, Food, Conservation and Energy Act Of 2008 (FCEA) (f16) Social Security Act, Section 402(a)(8)(A) 7CFR 273.9 (d) (5) (f17) 7 CFR 273.9(d)(6) (f18) 7 CFR 273.9(d)(5) (f19) 7 CFR 273.9(d)(3) (f20) 7 CFR 273.9(c)(11) (f21) 7 CFR 273.10(d)(2) (f22) 7 CFR 273.10(d)(5) (f23) 7 CFR 273.9 (d)(1) (f24) 7 CFR 273.9(d)(2) (f25) 7 CFR 273.10(a)(1)(ii) (f25a) 7 CFR 273.2 (h)(2)(ii) (f26) 7 CFR 273.11(c) (f27) 7 CFR 273.11(j) (f27a) P.L.104-193, Personal Responsibility and Work Opportunity Reconciliation Act, Section 829 (f27b) 7 CFR 273.11(k) (f28) Social Security Act, Section 402(a)(18); 45 CFR 233.20 (f29) IC 12-1-7-3 (f30) 45 CFR 233.20 (f31) Social Security Act, Section 402(a)(8); 45 CFR 233.20 (f32) 45 CFR 233.20 470 IAC 10.1-3-5 (f33) Social Security Act, Section 402(a)(34); 45 CFR 233.20 (f33a) SSA 1931(b)(2)(C) as added by Sec 114(a) as amended by Indiana Amended Waiver Terms and Conditions, Section 2.6 (f33B) IC 12-14-2-5.1 (f33C) IC 12-14-2-5.1 (f34) 45 CFR 233.20 as amended by OBRA-93 (f35) Social Security Act, Section 402(a)(31); 45 CFR 233.20 (f36) 45 CFR 233.20 (f37) Simpson et al v. Hegstrom et al Court of Appeals, 9th Circuit (f38) 45 CFR 233.20; 470 IAC 10.3-4-4 (f39) 45 CFR 233.20 as amended by OBRA-93 (f41) Social Security Act, Section 415; SSA 402(a), 408(a), or SSA 415 (f42) Social Security Act, Section 415; SSA 402(a), 408(a), or SSA 415 (f43) 45 CFR 233.20; Social Security Act, Section 402(a)(32) (f44) 45 CFR 233.20; Social Security Act, Section 402(a)(32) (f45) 405 IAC 2-3-20
(f46) 42 CFR 435.134 (f47) Social Security Act, Section 1905(p)(2)(D) as amended by OBRA-90 (f48) 405 IAC 2-3-3 (f49) 405 IAC 2-1-1 (f50) 405 IAC 2-3-20(b) (f51) 405 IAC 2-1-1 (f52) 405 IAC 2-3-20 (f53) 405 IAC 2-3-19 (f55) IC 12-15-41-9 (f56) Social Security Act, Section 1611(e)(1)(E); Public Law 99-643 (f57) Section 3203 of Title 38 USC as amended by OBRA-90 (P.L. 101-508) (f58) Social Security Act, Section 1902(r)(1) as amended by OBRA-90 (P.L. 101-508) (f59) 405 IAC 2-3-17; 405 IAC 2-3-21 (f60) IC 12-15-7-4 (f61) 42 CFR 435.113 (f62) 42 CFR 435.602 (f63) 42 CFR 435.113; Reed v Blinzinger, U.S. District Court, IP 85-1385-C (f64) 42 CFR 435.110 (f65) 45 CFR 400.100 (f66) 45 CFR 400.103 (f67) 405 IAC 2-6-1 (f68) Social Security Act, Section 1905(p)(1) (f69) Social Security Act, Section 1905(s)(4) (as amended by P.L. 101-239) (f73) Social Security Act, Section 1619(b)(3) (f74) Social Security Act, Section 1611(e)(1)(E); Public Law 99-643 (f75) IC 12-14-2-5.1(c) (f76) IC 12-14-2-5.1(b)