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I. WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) WIOA income is excluded if paid for: a) Summer Youth Payments are excluded. The income is excluded regardless of the age of the child, the child’s school enrollment, or whether or not the child is a dependent. b) On-the-job WIOA payments made to migrant and seasonal farm workers, Native Americans, dislocated workers, Job Corps, affirmative action programs, labor market information programs, and veterans’ employment programs are excluded. c) Work experience WIOA payments are excluded. d) Training experience WIOA payments are excluded. e) AmeriCorps and Youthbuild Program income are excluded. WIOA income is countable if paid for: a) On-the-job training programs are counted as earned income unless paid to individuals under 19 years of age who are dependents (living with parents or under parental control of an adult household member) or paid as mentioned in (b) above. If paid to dependents under age 19, it is not counted as income regardless of the child’s student status. Department of Labor and Regulation can identify on-the-job training programs if the program funding is in question.
J. OLDER AMERICANS ACT Payments received by participants of projects funded under Title V (section 509) of the Older Americans Act of 1987, such as the Experience Works Program and Senior Community Service Employment Program (SCSEP), are excluded from income (P.L. 100-175).
K. MILITARY PAY
The portion of a military retirement payment which goes to an ex-spouse under a divorce decree property settlement is not counted as income to the retiree. (P.L. 97-252, the Uniform Service Former Spouse Protection Act.) Mandatory deductions from military pay for education purposes while the individual is enlisted (P.L. 99-576) are not counted as income.
L. AGENT ORANGE
Exclude payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). The disabled veteran receives yearly payments, and survivors of deceased veterans receives a lump sum payment from the AETNA Insurance Company. (Public Laws 101-201, 101-239).
M. FARM EMERGENCY PAYMENTS
When the Secretary of Agriculture determines that a farm emergency exists due to a natural disaster, any payments to farmers made pursuant to such determination will be excluded.
N. PLAN TO ACHIEVE SELF-SUPPORT (PASS) FUND
Money diverted from an individual's income to a PASS account is excluded as income (PL 102-237).
O. DISASTER PAYMENTS
Exclude payments paid as a result of an emergency or major disaster as defined in the Disaster Relief Act of 1974 (P.L. 93-288, P.L. 100-707) or the Disaster Relief & Emergency Assistance Amendments of 1988. A major disaster is any natural catastrophe, or regardless of fault, any fire, flood, or explosion which the President determines causes damage of sufficient severity and magnitude to warrant major disaster assistance. An emergency is an occasion or instance for which the President determines that federal assistance is needed to save lives and protect property and public health and safety.