Ariz. Admin. Code § 6-12-503

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-503 - Income Exclusions

The Department shall not count the types of income listed in this Section when determining the income of a family and the income of an assistance unit. These income exclusions shall also apply to a parent or minor sibling of a dependent child in an assistance unit when the parent or minor sibling resides with the assistance unit but is not an assistance unit member, and the income type listed in this Section belongs to the parent or minor sibling.

1. Loans;

2. The following types of assistance provided for educational purposes:

a. Bureau of Indian Affairs (B.I.A.) Allowances for Educational Expenses paid to the participant from Title XIII that directly relates to school expenses;

b. Grants, scholarships, and loans, as provided by Title IV or Title XIII of the Higher Education Act;

c. Guaranteed loans, and other loans, not funded by the Title IV or Title XIII of the Higher Education Act;

d. Student loans (SGL) that are funded solely by a state and are not federally guaranteed;

e. Income paid to the member as a Tribal Loan for educational purposes under Title XIII of the Indian Higher Education Program;

f. The Montgomery GI bill Chapter 30 and other income paid to the member by the Veteran's Administration for educational purposes;

g. Educational income (earnings and living allowances) from Workforce Investment Act related Summer Component Programs and Job Corps;

h. Earnings received from participation in college work study programs funded by Title IV of the Higher Education Act or Title XIII of the Indian Higher Education Program.

3. Income tax refunds, including any earned income tax credit;

4. Non-recurring cash gifts which do not exceed $30, per person in any calendar quarter;

5. Cash contributions from other agencies or organizations so long as the contributions are not intended to cover items which CA is intended to cover, specifically:

a. Food;

b. Shelter, including only rent or mortgage payments;

c. Utilities;

d. Household supplies, including bedding, towels, laundry, cleaning, and paper supplies;

e. Public transportation fares for personal use;

f. Basic clothing or diapers; or

g. Personal care and hygiene items, such as soap, toothpaste, shaving cream, and deodorant;

6. The face value of Nutrition Assistance benefits;

7. The value of governmental rent and housing subsidies;

8. The value of energy assistance that is provided:

a. Either in cash or in kind by a government agency or municipal utility, or

b. In kind by a private non-profit organization;

9. Vendor payments;

10. Vocational rehabilitation program payments made as reimbursements for training-related expenses, subsistence and maintenance allowances, and incentive payments which are not intended as wages;

11. All income, both earned and unearned, received from programs and services authorized by the Workforce Investment Act, including earnings received from on-the-job training programs;

12. Reimbursements for JOBS Program training-related expenses, including Fair Labor Standards Act supplements and Unpaid Work Experience supplements;

13. Payments from any fund established in connection with settling liability claims concerning Agent Orange death or disabilities as specified in Public Law 101-102;

14. Burial benefits which are dispersed solely for burial expenses;

15. Disaster assistance provided by the Federal Disaster Relief Act, or comparable assistance provided by state or local governments, or disaster assistance organizations;

16. Foster care payments;

17. Radiation exposure compensation payments;

18. Income received from VISTA which does not exceed the state or federal minimum wage;

19. Benefits from the Special Supplemental Food Program for Women, Infants, and Children (WIC);

20. Reimbursements for work-related expenses that do not exceed the actual expense amount;

21. Earned income of minor family members and dependent children who are students enrolled and attending school at least halftime as defined by the institution;

22. Income received from the Americorp Network Program;

23. Earned Income Tax Credit payments received as a monthly advance with the member's regular wages;

24. Child care payments made to a member as a result of Title IV-A of the Social Security Act, when the payment is a reimbursement. The exclusion applies even when the payment exceeds actual child care expenses as specified in Public Law 100-485;

25. Payments from the Child Care Food Program made to a member who is self-employed as a child care provider;

26. The earned or unearned income of an SSI recipient;

27. Subsidy payments provided by the Department's Guardianship Subsidy Program for children who are placed in the care of a Legal Permanent Guardian;

28. Adoption Subsidy payments made by a federal, state, or local governmental entity;

29. Dividends, interest, and royalty payments left on deposit or converted into additional securities;

30. Federal Relocation Assistance payments made to a member to relocate because their property was acquired by a federal or federally assisted program;

31. Stipends received by grandparents in the Foster Grandparent Program for past or future expenses;

32. Money given to the family or the assistance unit from a roommate for rent or other shelter expenses that does not exceed the family's or assistance unit's rent or shelter expense obligation;

33. Allowances, income, and reimbursements received in the Summer Component Program;

34. The amount designated as attorney fees that is deducted from a member's Workman's Compensation payment;

35. 50% of earned income, up to a maximum of $100, deposited into an Individual Development Account (IDA) per month;

36. Combat zone pay received while serving in the military in a combat zone;

37. Income received while participating in a program authorized by Title I and II of the Domestic Volunteer Services Act of 1973 including the following:

a. University Year for Action,

b. Urban Crime Prevention Program,

c. Retired Senior Volunteer Program,

d. Foster Grandparents Program,

e. Senior Companion Program;

38. Funds made available to a member on a gift card;

39. A one-time reimbursement of up to $300 and any monthly payments provided by the Department's Grandparent Kinship Care Support Service program and disbursed by an Area Council on Aging contracted service provider;

40. Hemophilia Relief Fund Settlement payments made to hemophiliacs infected with HIV as a result of class action lawsuits;

41. TANF Survey Incentive Payments made by Mathematica, Inc. or other consulting firms as an incentive for participating in a survey to collect statistical information;

42. Funds received from a Public Housing Authority and deposited in a Public Housing Family Self Sufficiency (FSS) escrow account, and any of these funds received prior to completion of the FSS program;

43. Payments made directly to a member to fund an account for the fulfillment of a Plan for Achieving Self Support (PASS) under Title XVI of the Social Security Act;

44. Any other income specifically excluded by applicable state or federal law.

Ariz. Admin. Code § R6-12-503

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.