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FOOD AND NUTRITION SERVICES CERTIFICATION INCOME AND RESOURCES FNS 315 SPECIAL BUDGETING

2 Section 315 Change #01-2022 January 11, 2022 earned income to the total countable unearned income of the sponsor and spouse. 2. Subtract the actual payment of alimony and child support paid to individuals not living with the sponsor and spouse. Subtract the FNS income limit for the household size of the sponsor’s family. Include in the sponsor’s household size any dependent that he or his spouse claim or could claim for federal income tax purposes. 3. The remaining income amount is deemed as unearned income to the sponsored alien’s FNS unit. 4. If the sponsor has signed an affidavit for more than one alien, prorate the income from 3. above among the sponsored aliens. 5. Review the income of the sponsor and spouse at each application, recertification, and reported change in situation. D. Battered Aliens If it is determined that the sponsored alien has been battered by a spouse, parent, or member of the spouse or parent’s household, and the battering is the reason the alien is seeking assistance, do not count the sponsor’s (or spouse’s) income for 12 months. After the initial 12 months, deeming from the sponsor will be permanently eliminated provided the battery was recognized by a judge or administrative law judge in a court order or by a prior determination of Immigration and Naturalization Service (INS). Also, it is required that the battered individual no longer live in the same household as the batterer and the battered individual’s FNS unit must continue to need assistance as a substantial result of the battery. The battered individual must provide verification of being battered and of having petitioned INS for permanent resident status. These provisions do not apply if the battered individual lives with the batterer. 315.03 ATTENDANT CARE PAYMENTS A. Determine if the attendant care payment is received as wages by a FNS unit member for care provided to a non-FNS unit member. Count these payments as earned income. B. Determine if the attendant care payment is received as wages paid by one FNS unit member to another FNS unit member. 1. The attendant care payments provided by an outside source, such as a state or federal agency, is to be treated as earned income to the person providing the attendant care.