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This section provides the policies for consideration of resources and income for all household/aid groups (including legally responsible grantee/relatives) applying for Food Stamps and/or Aid to families with Dependent Children. If any nonfinancial criterion is not met, the application may be denied without a determination of financial eligibility.
Authority: T.C.A. § 14-8-106, 14-27-104; 7 CFR 273.8 , 273.9 , 273.10 , and 273.11 .
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Eligibility shall exist if the value of nonexempt resource, both liquid and non-liquid assets, for the HH/AG do not exceed:
Authority: T.C.A. §§ 14-4-102 , 14-8-104, 14-3-106, and 14-27-104; PL 97-35 and PL 99-198; 7 CFR 273.7 , 273.8 and 273.9 ; 45 CFR 224.20 .
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The HH/AG shall report all resources at the time of application. The HH/AG's resources at the time the application is filed and at each redetermination/recertification shall be used to determine if the HH/AG's resources meet the eligibility standard.
Authority: T.C.A. §§ 14-8-106, 14-27-104; PL 97-35; 7 CFR 273.8 ; 45 CFR 233.20 .
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Authority: T.C.A. §§ 14-8-107 and 14-8-109; PL 97-35.
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In determining the resources of an HH/AG, only the following shall be exempt:
Repayment of the grant is made from the sale proceeds not to exceed the total of the net proceeds. Any proceeds remaining after repayment of the grant is considered as a resource.
If assistance is terminated for any reason prior to the end of the nine-month exemption period, the assistance unit has an overpayment subject to the usual collection procedures.
"This contract is irrevocable and the funds paid hereunder are not nonrefundable."
In addition, contracts established before 7/02/81, which were previously required to be revocable under state law, may be exempted if a chancery, circuit, probate, or general sessions court declares them to be irrevocable. Verification of the court's declaration must be obtained.
Federal assistance provided by a program funded in whole or in part under Title IV of the Higher Education Act is excluded. Such payments include, but are not limited to, Pell grants, Supplemental Education Opportunity (SEOG) grants, the PLUS Program grants, the National Direct Student Loans (NDSL), the Byrd Honor Scholarships, and college work study funds.
Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 14-8-104, 14-8-106, 14-27-104, 14-27-106, 71-1-105, 71-5-304, 71-5-306, 71-3-165, 7 U.S.C. A § 2014(g); 7 CFR 273.8(c)(e)(14) , 273.8(e)(15)(h)(1)(iv) , 273.9 , 273.9(b)(1)(v) , 273.10 , 273.11(c) , 45 CFR 233.20 , PL 98-369§2625, PL 98-369§2626, PL 97-35, and PL 110-246 , Title IV § 4104(b).
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Authority: T.C.A. § 14-8-104, 14-8-106, 14-27-104; 7 CFR 273.8 ; 45 CFR 233.20 .
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The fair market value of liquid resources and the fair market value less encumbrances (equity) of non-liquid resources are used to determine the total countable resources available to the HH/AG.
Authority: T.C.A. §§ 14-8-104, 14-8-106, 14-27-104; PL 97-35; 45 CFR 224.50 ; 7 CFR 273.8(c) ; and CFR 244.50.
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Authority: T.C.A. § 14-8-106 and PL 97-35.
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Resources owned jointly with any other person(s) outside of the HH/AG shall be considered totally inaccessible to the HH/AG if the resource cannot practically be subdivided and the HH/AG's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply. For Food Stamp purposes ineligible aliens or disqualified individuals residing with the household shall be considered house hold members.
Authority: T.C.A. § 14-8-106; PL 97-35.
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Authority: T.C.A. §§ 4-5-202 , 71-1-105 , 71-3-157, 71-3-158; PL 104-193 ; 7 CFR 273.8 .
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Authority: T.C.A. § 14-27-104; 7 CFR 173.8 ; PL 97-35.
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The following sections describe the treatment of income and budgeting to determine eligibility and level of benefits,
Authority: T.C.A. § 14-8-106; 45 CFR 233.20 ; PL 97-35.
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Authority: T.C.A. §§ 14-8-104, 14-8-106, 14-27-104, 14-27-105; PL 97-35; 7 CFR 273.9(a) ; 45 CFR 233.20 ; PC 640, Public Acts of 1986.
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Household or Aid Group income shall mean all monies from whatever source, earned or unearned, except the exclusions listed in 1240-01-04-.15.
Authority: T.C.A. §§ 14-1-105, 14-8-104, 14-8-106, 14-27-104 and 14-27-106; PL 97-35 and 99-198 §1583; 7 CFR § 273.8(e)(15)(h)(1)(iv) , 273.9(b)(1)(v) , 273.9(b)(2)(iv) , 273.11(c) ; 45 CFR § 233.20 .
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Certain payments and benefits which might ordinarily be considered income are excluded under federal law/regulations from consideration as income for eligibility purposes. The following sections lists such exclusions.
Earnings from JTPA on-the-job training programs are excluded only for individuals under age nineteen (19) who are under parental control of another adult household member.
All income from other JTPA Programs, earned or unearned is excluded.
Reimbursement for expenses. This cannot be for basic living expenses and must be specified as a reimbursement by the JTPA agency.
Assistance payments for needs other than the AFDC grant amount. This means the JTPA payment is meeting a basic need which the AFDC grant cannot cover due to our ratably reduced standards or because it was not covered in our needs study.
Incentive and training allowance for training purposes. The payments will be identified by the JTPA agency.
tuition;
mandatory fees;
originator fees and insurance fees charged by financial institutions for educational loans.
Also exclude the following expenses from such educational funds, when the household provides information to document the amounts claimed. (Note: the claimed expenses may not exceed the amount of the grant or loan from which they are to be paid):
books and supplies;
materials;
equipment;
transportation; and miscellaneous personal expenses (not including room, board, and/or dependent care expenses).
tuition;
mandatory fees;
origination fees and insurance fees charged by financial institutions for educational loans.
tuition;
mandatory fees;
origination fees and insurance fees charged by financial institutions for educational loans.
Also exclude non-federal educational funds for post secondary education that are earmarked by the grantor for educational expenses, such as:
books and supplies;
materials, equipment;
transportation; and miscellaneous personal expenses.
Do not exclude monies earmarked for normal living expenses, such as food eaten at home, clothing, and rent or mortgage.
When a reimbursement, including a flat allowance, covers multiple expenses, each expense does not have to be separately identified as long as none of the reimbursements cover normal living expenses. Reimbursement for normal living expenses of the HH or legally responsible relative, such as rent or mortgage, personal clothing or food eaten at home, are a gain or benefit and therefore are not excluded. To be excluded these payments must be provided specifically for an identified expense, other than normal living expenses, and used for the purpose intended.
Authority: T.C.A. §§ 4-5-202 , 71-1-105 , 71-3-157, 71-3-158; PL 104-193 ; 7 CFR 273.9 .
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Except for the payments/ benefits specifically excluded above, all other payments received by HH/AG members (and in AFDC only, payments received by legally responsible relatives any by step-parents) are treated as income in the determination of eligibility and level of benefits in the Food Stamp and AFDC Programs.
Authority: T.C.A. §§ 14-8-104, 14-8-106, 14-27-104; 7 CFR 273.9 , 45 CFR 233.20 ; PL 97-35.
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The amount of income available to meet food/ maintenance needs is to be determined in establishing eligibility for benefits in accordance with definitions given previously and in accordance with the instructions given in sections 1240-01-04-.17 (1) through 1240-01-04-.27 . Currently available income as defined (except that specifically excluded, disregarded, or deducted) is considered in the determination of eligibility and level of benefits in both programs.
When any change in the HH/AU circumstances is expected, including a change in income, the client will be required to report the change within 10 days of the change.
- A stepparent living in the home with stepchildren for whom assistance is requested.
- A parent or legal guardian living in the home with a minor parent who has requested AFDC in his/her own right.
The amount of income to be deemed available to the stepchildren or minor parent shall be determined as follows:
Authority: T.C.A. §§ 4-5-202 , 71-1-105 , 71-3-157, 71-3-158; PL 104-193 , 7 CFR 273.9 .
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Unearned income is money which is received for reasons other than the current work efforts of an individual. No earned income exclusions or work expense deductions may be applied to unearned income as defined. In the Food Stamp Program the standard deductions and dependent care, shelter, and medical deductions are to be applied to unearned income as appropriate [see § 1240-01-04-.17(8)]. Unearned income is considered available to meet food/maintenance needs as described in previous sections.
Authority: T.C.A. §§ 14-8-106, 14-27-104; 7 CFR 273.9 , 273.10 ; 45 CFR 233.20 ; PL 97-35.
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Authority: T.C.A. §§ 14-8-106, 14-27-104; 7 CFR 273.9 ; 45 CFR 233.20 ; PL 97-35, PL 98-369§2640.
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Net income determines the amount of allotment per household size.
Authority: T.C.A. §§ 14-8-106, 14-27-104; PL 97-35; 7 CFR 273.9 ; 45 CFR 233.20 .
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Authority: T.C.A. §§ 4-3-1204 , 14-8-106, 14-27-104, and 71-1-105 ; 7 C.F.R. 273.99 ; 45 C.F.R. 233.20 ; PL 97-35; and PL 98-369 §§ 2622, 2623, 2642.
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Authority: T.C.A. §§ 14-27-104, 14-27-105, 14-27-106; PL 99-198; 7 CFR 273.7 , 273.8 , 273.9 and 273.10 .
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Authority: T.C.A. §§ 4-3-1204 , 14-8-106, and 71-1-105 ; PC 640, Public Acts of 1986; PL 97-35; 45 C.F.R. 233.20 ; and P.C. 918.
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When the HH/AG includes a person(s) who receives income from self-employment, instructions in the following sections should be used to arrive at the monthly amount of gross profit which is used to calculate countable income. These sections shall also deal with the determination of gross profit from self-employment, i.e., the deductions and exclusions that are applicable only to income from self-employment.
Authority: T.C.A. §§ 14-8-106, 14-27-104; 7 CFR 273.1 and 273.11 ; 45 CFR 233.50 , 45 CFR 233.20 ; PL 97-35 and PL 99-198.
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Authority: T.C.A. §§ 14-8-106 and 14-27-104; PL 97-35; 7 CFR 273.11 .
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Authority: T.C.A. §§ 14-8-106; PL 97-35, PL 98-369§2640; 45 CFR 233.20 ; PC 918.
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The following tables show the income standards, food stamp coupon allotment (Thrifty Food Plan), standard income deduction, maximum shelter/dependent care deductions, and standard utility/telephone allowances to be used in the Food Stamp Program to determine eligibility and level of benefits. (Tables I through VII). Table VIII shows the maximum income level, consolidated standard of need, and the possible standard payment amounts to be used in the AFDC program to determine eligibility and level of benefits.
Table I
No. of Persons in Household 1 2 3 4 5 6 7 8 9 10 Gross Income Standard $1174 $1579 $1984 $2389 $2794 $3200 $3605 $4010 $4416 $4822
For each additional member add $406
Table II
No. of Persons in Household 1 2 3 4 5 6 7 8 9 10 Maximum Net Income $903 $1215 $1526 $1838 $2150 $2461 $2773 $3085 $3397 $3709
For each additional member add $312
Table III
No. of Persons in Household 1 2 3 4 5 6 7 8 9 10 Maximum Coupon Allotment $200 $367 $526 $668 $793 $952 $1052 $1202 $1352 $1502
Table IV-A Standard Deduction
Household Size 1 2 3 4 5 6+ Standard Deduction $142 $142 $142 $153 $179 $205
Table IV-B Food Stamp Deductions
Maximum Dependent Care No Limit Maximum Shelter Deduction for Non-Elderly/Disabled Households $458 Maximum Shelter Deduction for Elderly/Disabled Households No Maximum
TABLE V-A Food Stamp Standard Utility Allowance
Household Size 1 2 3 4 5 6 7 8 9 10 or more Standard Utility Allowance $314 $326 $338 $350 $360 $372 $384 $396 $408 $419
Table V-B Food Stamp Basic Utility Allowance
Household Size 1 2 3 4 5 6 7 8 9 10 or More Basic Utility Allowance $126 $126 $126 $126 $126 $126 $126 $126 $126 $126
The Basic Utility Allowance is to be used for households who are not eligible for the Standard Utility Allowance because they do not incur a major heating or cooling expense, but who do incur utility costs such as electricity for lighting, gas for cooking, water/sewerage, or garbage pickup.
Food Stamp Standard Telephone Allowance
Household Size 1 2 3 4 5 6 7 8 9 10 or More Telephone Standard $25 $25 $25 $25 $25 $25 $25 $25 $25 $25
TABLE VII Homeless Household Shelter Allowance
Household Size 1 2 3 4 5 6 7 8 9 10 or more Homeless Shelter Standard 143 143 143 143 143 143 143 143 143 143
Table VIII
Number of Persons in Assistance Unit 1 2 3 4 5 6 7 8 9 10 Gross Income Standard 777 1110 1252 1289 1489 1507 1633 1655 1838 1875 Consolidated Need Standard 420 600 677 697 805 815 883 895 994 1014 Standard Payment Amount 95 142 185 226 264 305 345 386 425 467 Minimum AFDC Payment $10 per month for any assistance unit.
Number of Persons in Assistance Unit 11 12 13 14 15 16 17 18 19 20 Gross Income Standard 1929 1977 2020 2055 2083 2109 2131 2149 2162 2173 Consolidated Need Standard 1043 1069 1092 1111 1126 1140 1152 1162 1169 1175 Standard Payment Amount 508 549 589 630 670 711 750 790 831 871 Minimum AFDC Payment $10 per month for any assistance unit.
The AFDC standard payment for an assistance unit of three (3) persons represents 37.0% of the consolidated need for an assistance unit of that size. The payments for units composed of different numbers of recipients represent an upward or downward adjustment of the percentage in the preceding sentence which is necessary to maintain the payment at a level not more or less than that paid in fiscal Year 1993-1994.
Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 71-1-105 and 71-5-304; 7 U.S.C.A. § 2014 and 2017(a) , 7 CFR §§ 272.9 , 273.9 and 273.10 , and PL 110-246 , Title IV §§ 4102, 4103, and 4107 June 18, 2008 and PL 111-5 , Division A, Title I §101, February 17, 2009.
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Authority: T.C.A. §§ 4-3-1204 , 14-1-105, 14-8-106(2), and 71-1-105 ; PL 97-35; PL 98-369 § 2632; and 45 C.F.R. § 233.20 (a)(3)(ii)(D) .
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