us-me/regulation/dhhs/ofi/chapter-301/block-122

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us-me/regulation/dhhs/ofi/chapter-301/block-122 — 1. GENERAL RULE · Axiom

Countable unearned income includes, but is not limited to:

A. Assistance Programs -

The full amount of payments from Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Parents as Scholars (PaS), or other means-tested assistance

(1) TANF or PaS payments which are diverted to a third party are counted as income. See Section 555-4 for certain exclusions.

(2) Assistance payments from programs which require the performance of work without compensation other than the assistance payment are considered unearned income.

(3) If a payment from SSI, TANF, PaS, General Assistance (GA), or other means-tested assistance is reduced or ended due to the sanctioning or disqualification of a household member due to non-compliance with the program’s requirements, the full benefit (as if the individual was not sanctioned or disqualified) will be budgeted as unearned income. This amount will continue to be budgeted—

(a)for the duration of the disqualification if the…#

(a) for the duration of the disqualification if the household continues to receive the benefits from the sanctioning or disqualifying program, or

(b)through the end of the month the household ceases to…#

(b) through the end of the month the household ceases to receive benefits from the sanctioning or disqualifying program if the sanction or disqualification is open ended (e.g. until the individual complies) (e.g., if the other program’s last benefit is issued in December, no amount of that benefit is budgeted for January.).

B. Other Payments such as, but not limited to: Pensions, annuities, retirement, disability or veteran's benefits, unemployment insurance, workers’ compensation, social security, dividends, interest, royalties, income from installment contracts (both principal and interest), strike benefits, and payments from government programs not specifically excluded by law.

C. Trust Funds - Money received from a trust.

D. Rental Income - Gross income, less the cost of doing business (Section 444-2).

EXCEPTION: If any household member is actively engaged in management of the property on an average of at least 20 hours per week, consider as earned income (Section 555-2).

E. Child Support or Alimony - Payments made directly to the household, including the pass through and gap supplements. This includes money deducted or diverted from court ordered support or alimony to pay household expenses.

F. Income from Sponsors of Noncitizens - See Section 444-1.

G. Students with Educational Income - portion of loans, grants, scholarships and other educational benefits not excluded (Section 444-7(2)).

H. Money that is legally due the household which is diverted to a third party to pay household expenses.

EXAMPLES:

(1) Diversion of all or part of a TANF or PaS benefit to a lessor;

(2) that portion of an Unemployment Insurance Benefit (UIB) check intercepted by the Division of Support Enforcement and Recovery (DSER);

NOTE: GA vendor payments are excluded. See Section 555-4(2)(C).

I. Money that is legally due a household member but is received and used for that household member by a non-household member.

J. Income from investments or trading including but not limited to currency trading (including crypto currency), day trading, and dividends on long term investments.