0410.000.00 Determining Need

IM-15 March 9, 2010; IM-55 July 21, 2009; IM-137 October 24, 2003

Some income, even though available, is not included in the budget when determining need. Excluded are:

1. Irregular, casual and unpredictable income received by a claimant. Income is considered “irregular, casual or unpredictable” when its receipt does not conform to any pattern, or when it is on an incidental or haphazard basis. As a result, income continuity cannot be foretold and therefore cannot be relied upon for any future period.
2. Supplementary assistance given to a claimant by any public or private agency for a specific purpose as not available for general use in meeting the recipient’s needs. An example of a payment not counted as income (nor considered as available resource) is a “relocation adjustment payment” made by a local housing authority to a person being relocated in connection with an urban renewal project. Such payments from a local housing authority are intended to cover expenses such as transportation of family and household goods, deposits for utilities, fees for initiating service, and similar costs connected with moving and relocation.
3. Low Income Home Energy Assistance (LIHEAP) payments made under the Low Income Home Energy Assistance Act of 1981
4. Certain Home Energy Assistance payments made on or after October 1, 1983, by energy suppliers or private non-profit organizations. “Home energy assistance” is defined as any assistance that is related to home energy, except food or clothing. The payment is excluded as income if it is made in cash or in kind by:
   • a supplier of home heating gas or oil
   • a municipal utility providing home energy; or
   • an entity whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental body
5. Payments made in kind by a private non-profit organization. Count as income cash payments made by private non-profit organizations.
6. Food Stamp coupons issued under the Food Stamp program
7. Payments made directly to a vendor for medical, nursing home, or institutional care on behalf of an assistance recipient, and by a health or family service agency (such as County Court, Department of Mental Health, etc.)
8. Cash payments made directly to a recipient by a health or family services agency to meet costs of budgeted needs that exceed the maximum grant
9. For claimants age 65 or older, exclude compensation received under the Federal Older Americans Volunteer Program: Section 611 of Title VI of Public Law 93-29, dated May 3, 1973 (also called the “Foster Grandparent and Older Americans Community Service Program”)
10. Nutrition Program for the Elderly: Exclude any benefits paid under Title VII of the Older Americans Act of 1965, as amended.
11. Highway Relocation Assistance paid under the Federal-Aid Highway Act of 1968
12. Loans or grants to an undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education
13. Other loans or grants received by claimant and not available for current living expenses
14. SAB Rehabilitation Plans: Exclude unearned income required to carry out a plan approved by the state office of Rehabilitation Services for the Blind designed to enable the SAB claimant to become self-supporting. The maximum time such income may be disregarded is 12 months. When other persons in the same household are receiving other types of assistance, the SAB claimant’s exempted income is disregarded in determining the need of the other persons for public assistance.
15. The $30 monthly incentive payment by the Department of Labor to any participant in a program of institutional and work experience training. Priority II of Work Incentive is not countable.
16. Vocational Rehabilitation payments: Exclude payments made for maintenance, transportation, tuition, fees, etc. to a claimant participating in training or school attendance subsidized by the Division of Vocational Rehabilitation.
17. Value of home produce: Exclude food produced for family consumption from gardens, livestock, or poultry.
18. Income in kind: Exclude commodities not in the form of cash received by any member of the assistance group. Examples of income in kind are food, utilities, rent, clothing, etc., supplied to the assistance group.
19. Settlement payments made from the Ricky Ray Hemophilia Relief Fund, or paid as a result of a class action settlement in the case of Susan Walker v. Bayer Corporation are not to be considered income. Any money derived from the investment of these funds may be considered income. Thus, if the payments are placed in an interest-bearing account, or some other investment medium that produces income, the income generated by the account may be counted as income to the individual.
20. The allowance provided to children of Vietnam veterans (including adult children) who were born with the congenital defect spina bifida
21. Supportive service payments, stipends (a payment received while participating in a training program), and needs related payments from WIA programs(s)
22. WIA work experience payments
23. Any portion of a veteran’s pension designated for Aid and Attendance. In FAMIS, enter the full amount of the VA Pension including the Aid and Attendance Pension, as “UI – Unearned Income”, source “VA – Veterans Administration” and enter the Aid and Attendance portion of the pension as income expense code “AA – VA Aid and Attendance Expenses”.
24. Any benefits designated for a veteran’s dependent. In FAMIS, enter the full amount of the VA Pension including the portion designated for the veteran’s dependent, as “UI – Unearned Income”, source “VA – Veterans Administration” and enter the portion of the pension designated for the veteran’s dependent as income expense code “DX– VA Dependent Expenses”.
25. Any portion of a veteran’s pension paid for unusual medical expenses. In FAMIS, enter the full amount of the VA Pension including the portion of the pension designated for unusual medical expenses, as “UI – Unearned Income”, source “VA – Veterans Administration” and enter the portion of the pension designated for unusual medical expenses as income expense code “ME – VA Unusual Medical Expenses”.
26. VA homebound allowances: In FAMIS, enter the full amount of the VA Pension including the homebound allowance, as “UI – Unearned Income”, source “VA – Veterans Administration” and enter the homebound allowance portion of the pension as income expense code “HB – VA Home Bound Expenses”.