18 MAC Pt. 14, R. 17.8
Excluded Income
Cite as 18 Miss. Admin. Code Pt. 14, R. 17.8
Excluded Income.
Types of excluded income include:
A. Any gain or benefit that is not in the form of money payable directly to the household;
1. In-kind benefits: includes meals, clothes, housing or produce from a garden.
2. Vendor payments: money payment made on behalf of a household by an individual
or organization outside of the household either directly to the household’s creditors
or to an individual or organization providing a service to the household.
a) Public Assistance vendor payments are counted as income unless they are
made for:
i.
Medical assistance;
ii.
Child care assistance;
iii.
Energy assistance;
iv.
Emergency assistance for migrant or seasonal farmer households
while in the job stream;
v.
Housing assistance payments made through a State or local housing
authority;
vi.
Emergency or special assistance (the assistance must be over and
above the normal grant).
b) Department of Housing and Urban Development (HUD) vendor payments.
Rent or mortgage payments made to landlords or mortgagees by HUD are
excluded as income.
c) Vendor payments that are reimbursements are excluded.
d) Other third-party payments will be treated as follows:
i.
Money legally owed and payable to the household that is diverted
by the provider of the payment to a third party for a household
expense will be counted as income.
ii.
If an individual or organization makes a payment to a third party on
behalf of a household using funds that are not owed to the household,
the payment will be excluded.
B. Educational assistance such as grants, scholarships, fellowships, work study or educational
loans where payment is deferred and the following exists:
1. The educational assistance must be received under section 20 U.S.C. 1087uu of the
Higher Education Act;
2. The educational assistance must be awarded to a household member enrolled at
either:
a) Recognized institution of post-secondary education;
b) School for the handicapped;
c) Vocational education program;
d) Vocational or technical school;
e) Program that provides for obtaining a secondary school diploma or the
equivalent.
3. The educational assistance must be used for the following allowed expenses:
a) Tuition;
b) Books;
c) Supplies;
d) Mandatory school fees;
e) Transportation;
f) Miscellaneous personal expenses (other than normal living expenses);
g) Dependent care;
h) Origination fees and insurance premiums on educational loans.
4. Exclusions must be incurred or anticipated for the time the educational income is
intended to cover regardless of when the educational income is actually received.
5. If a student uses other income sources to pay for the allowable educational expense
in the months before the educational income is received, the exclusion to cover the
expenses will be allowed when the educational income is actually received.
C. Income received in the certification period too infrequently to be reasonably anticipated,
but not greater than $30 in a quarter;
D. All loans (including loans from private individuals and commercial institutions) other than
educational loans on which repayment is deferred;
1. Loans in which repayment must start within 60 days after receipt of the loan will
not be considered a deferred repayment loan.
E. Reimbursements for past and future expenses as long as they do not exceed actual expenses
and do not represent a gain or benefit to the household;
1. Note: Reimbursements for normal living expenses (rent/mortgage, clothes or food
eaten at home) are not excluded because they represent a gain or benefit to the
household.
2. To be excluded, the payments must be made for a particular expense and used for
the intended purpose.
3. Reimbursements may cover multiple expenses.
4. Reimbursements will only be considered to exceed the actual expenses if the
provider or the household determines the amount is excessive.
5. Excludable reimbursements include:
a) Medical or dependent care reimbursements;
b) Reimbursements received by households to pay for services provided by
Title XX of the Social Security Act;
c) Reimbursements for job or training related expenses such as travel, per
diem, uniforms or transportation to and from the training site;
d) Reimbursements for out-of-pocket expenses of volunteers incurred in the
course of his or her work;
e) Reimbursements made to the household for necessary expenses to
participate in an education component under the E&T program;
f) Any allowance a State agency provides no more frequently than annually
for children’s clothes when the children enter or return to school or daycare,
provided the State agency does not reduce the monthly TANF payment for
the month in which the school clothes allowance is provided.
F. The cost of producing self-employment income;
G. Money received and used for the care and maintenance of a third-party beneficiary who is
not a household member;
H. The earned income of a student that is under age 18 and who lives with a biological,
adopted or stepparent or under the parental control of a household member other than a
parent;
1. The exclusion will apply during temporary interruptions from attendance due to
semester or vacation breaks as long as the child’s enrollment will resume after the
break.
2. If the child’s earnings or amount of work cannot be separated from other household
members, the total earnings will be equally prorated among the working household
members and the child’s share will be excluded.
I. Money received in the form of nonrecurring lump-sum payments, including income tax
refunds, rebates, or credits, retroactive lump-sum social security, SSI, public assistance or
refunds of security deposits on rental property or utilities;
J. Any income that is specifically excluded by other Federal statute for the purposes of
determining SNAP eligibility including the following:
1. The value of assistance to children under the Richard B. Russell National School
Lunch Act according to P.L. 79-396, §12(e) and the Child Nutrition Act of 1966
according to P.L. 89-642, §11(b);
2. Federal major disaster and emergency assistance payments and comparable disaster
assistance provided by Mississippi such as Disaster Unemployment Assistance
payments under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act according to P.L. 93-288, §312(d);
3. Reimbursement from the Uniform Relocation Assistance and Real Property
Acquisition Policy Act of 1970 (P.L. 91-646, §216);
4. National Flood Insurance Program (NFIP) payments made under the National
Flood Insurance Act of 1968 (P.L. 90-448, §1324);
5. Any payment to volunteers under Title II (RSVP, Foster Grandparents, and others)
of the Domestic Volunteer Services Act of 1973 as amended (P.L. 93-113).
Payments to volunteers under Title I (VISTA, University Year for Action and Urban
Crime Prevention Program) are excluded only for individuals receiving SNAP at
the time he or she joined the Title I program. The exclusion will continue even with
temporary interruptions in SNAP participation;
6. Allowances, earnings, or payments (including reimbursements) to individuals
participating in programs under WIOA, such as Summer Youth Payments and
AmeriCorps;
7. The value of any childcare payments made under Title IV-A of the Social Security
Act, including transitional child care payments (P.L. 100-485);
8. Payments received under the Alaska Native Claims Settlement Act (P.L. 92-203);
9. Per capita payments under the Indian Tribal Judgment Funds Use or Distribution
Act of $2000 or less pursuant to P.L. 93-134 and P.L. 98-64. This exemption applies
to each payment made to each individual;
10. Income derived from the disposition of funds to the Grand River Band of Ottawa
Indians (P.L. 94-540);
11. Income derived from certain submarginal land of the United States which is held in
trust for certain Indian tribes (P.L. 94-114; §6);
12. Payments of relocation assistance to members of the Navajo and Hopi Tribes under
P. L. 93-531;
13. Payments by the Indian Claims Commission to the Confederated Tribes and Bands
of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation
(P.L. 95-433);
14. Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their
members received pursuant to the Maine Indian Claims Settlement Act of 1980
(P.L. 96-420, §5);
15. Funds distributed per capita to the Sac and Fox Indians according to P.L. 94-189;
16. Funds paid under Indian Claims: Distribution of Funds to Seminole Indians (P.L.
101-277, §8(b)) are excluded except for per capita payments in excess of $2000;
17. Payments to the Seneca Nation according to P.L. 101-503;
18. Payments to Confederated Tribes of Colville Reservations per P.L. 103-436;
19. Payments to the Blackfeet, Grosventre, and Assiniboine tribes (Montana) and the
Papago tribes (Arizona) as designated under P.L. 97-408;
20. Per capita and interest payments made to the Red Lake Band of Chippewas pursuant
to P.L. 98-123;
21. Per capita and interest payments made to the Assiniboine Tribe of the Fort Belknap
Indian Community and Fort Peck Indian Reservation (Montana) pursuant to P.L.
98-124;
22. Payments to the Turtle Mountain Band of Chippewas, Arizona, pursuant to P.L. 97-
403;
23. Funds paid to heirs of deceased Indians under the Old Age Assistance Claims
Settlement Act except for per capita shares in excess of $2000 according to P.L.
98-500, §8;
24. Payments to the Saginaw Chippewa Indian Tribe of Michigan according to P.L. 99-
346, §6(b) and per capita funds according to P.L. 99-146 §6(b);
25. Funds to the Puyallup Tribe of Indians Settlement Act per P.L. 101-41;
26. Per capita payments to the Chippewas of the Mississippi pursuant to P.L. 99-377;
27. Income received by individuals age 55 and older under the Title V of the Older
Americans Act according to P.L. 100-175, §509;
28. Grants paid under the Civil Liberties Act of 1988 (P.L. 100-383) to certain U.S.
citizens of Japanese ancestry and permanent resident Japanese non-citizens or their
survivors;
29. Payments made to children of Vietnam veterans who were born with spina bifida
and certain other birth defects (P.L. 104-204);
30. All payments received under the Agent Orange Settlement Fund, or any other fund
established pursuant to the settlement in the Agent Orange product liability
litigation (P.L. 101-201 and P.L. 101-239, §10405). Note: The Agent Orange Act
of 1991 (P.L. 102-4) authorized Veteran’s Administration (VA) benefit to some
veterans with service-connected disabilities resulting from exposure to Agent
Orange. These VA monthly payment are not excluded and will be counted as
unearned income;
31. Payments made under the Radiation Exposure Compensation Act (P.L. 101-426);
32. Payments made to individuals because of their status as victims of Nazi persecution
(P.L. 103-286);
33. Compensation paid to crime victims under the Crime Act of 1984 (amended by P.L.
103-322);
34. Income earned in an Achieving a Better Life Experience (ABLE) account is not
taxed if spent on qualified disability-related expenses. ABLE accounts allow for
significant amounts of money to be put into a tax-advantaged savings and
investment account without affecting eligibility for means tested programs such as
SSI and Medicaid (P.L. 113-295, §103).
K. Energy Assistance such as:
1. Payments or allowances for providing energy assistance under any Federal law
besides part A of Title IV of the Social Security Act. This includes utility
reimbursements made by the Department of Housing and Urban Development and
the Rural Housing Service.
2. A one-time payment or allowance for an as-needed basis and made under a Federal
or State law for weatherization costs or emergency repair or replacement of an
unsafe furnace or other heating or cooling device.
L. Cash donations based on need received on or after February 1, 1988 from one or more
private nonprofit charities. These payments must not exceed $300 in a Federal fiscal year
quarter;
M. Earned income tax credit payments received either as a lump sum or payments under
section 3507 of the Internal Revenue Code of 1986;
N. Any payments made to an E&T participant for costs that are reasonably necessary and
directly related to the E&T program. Such costs may include:
1. Dependent care costs;
2. Transportation;
3. Other expenses related to work, training or education such as uniform or necessary
books or training manuals;
4. The costs may not include meals away from home;
5. The value of any dependent care service provided for or arranged under E&T will
be excluded.
O. Governmental foster care payments received by households with foster care individuals
who are considered boarders;
P. Income of an SSI recipient which fulfills a plan for achieving self-support (PASS) which
has been approved under section 1612(b)(4)(A)(iii) or 1612(b)(4)(B)(iv) of the Social
Security Act;
Q. Income received by a member of the U.S. Armed Forces under Chapter 5 of Title 37 of the
U.S. Code that is:
1. In addition to the service member’s basic pay;
2. As a result of the service member’s deployment in an area designated a combat
zone; and
3. Not received by the service member prior to the service member’s deployment to
an area designated as a combat zone.