16 Del. Admin. Code § 4000-4006
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4000-4006 - Excluding Income in TANF and GA Eligibility Determinations45 CFR 233.20(a)
DSS disregards the types of income listed in this policy when determining financial eligibility and grant amounts for TANF and GA.
1. The value of U.S. Department of Agriculture (USDA) donated foods.2. The value of Supplement Nutrition Assistance Program (SNAP) food benefits.3. Foster care payments made to the foster family for foster children residing in the home.4. Supplemental Security Income (SSI) recipient's income and resources, including the SSI payment.5. Third-party payments made on behalf of a client.6. TANF program high school graduation bonus payments.7. Contributions for shared living expenses by a non-unit member.8. Any loans that must be repaid.9. Earnings of a minor student who is in the assistance unit, including 18-year-old students for whom an adult is receiving a grant.10. Non-recurring lump sum payments.A. A non-recurring lump sum payment is a resource in the month received unless specifically excluded as a resource by other federal laws or regulations.11. Incentive payments or reimbursements for training-related expenses from participation in institutional and work experience training or special work projects.12. Benefits from nutrition programs for the elderly or the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).13. AmeriCorps VISTA program payments.A. The AmeriCorps VISTA program payment is not excluded if the payment value is equal to or greater than the Fair Labor Standards Act's current minimum wage for the hours worked. In that case, the income is treated as earned income. Disregards applicable to the category of assistance are deducted from the payment.14. Temporary part-time U.S. Census Bureau employment income received during the census period.15. Disaster and emergency assistance provided by federal, state, and local governments and disaster assistance organizations under P.L. 100-707.16. Earned income tax credits (EITC).17. All federal tax refunds (TANF only).18. Assistance from other agencies and organizations provided that no duplication in assistance exists between the other agency and DSS.A. To assure that non-duplication exists, case workers will determine that the assistance from the other agency is for a different purpose. For example, vocational rehabilitation provides cash allowances to reimburse clients for costs such as transportation related to their participation in a training program.19. Supportive services payments or reimbursements for out-of-pocket expenses made to foster grandparents, senior health aides, or senior companions, and to persons serving in services corps of retired executives and active corps of executives, and any other program under Title II and III pursuant to Section 418 under P.L. 93-113.20. Need-based home energy assistance.21. Experimental Housing Allowance Program payments made under annual contributions contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act as amended.22. Benefits paid to eligible households under the Low-Income Home Energy Assistance Act.23. Housing subsidies under Section 8 of the U.S. Housing Act.24. Receipts distributed to members of certain Indian tribes, which are referred to in Section 5 under P.L. 94-114.25. Tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act under P.L. 92-203.26. 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. 1984).27. Payments distributed per capita to or held in trust for members of any Indian tribe under P.L. 92-254, P.L. 93-134, or P.L. 94-540.28. Restitution made to United States' citizens and permanent resident aliens of Japanese ancestry who were interned during World War II pursuant to Title I. under P.L. 100-383.29. Restitution made to any Aleut who was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands during World War II pursuant to Title II under P.L. 100-383.30. Income received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act.31. Financial assistance received from school grants, scholarships, vocational rehabilitation payments, Job Training Partnership Act payments, educational loans, other loans that are expected to be repaid, and other financial assistance received that is intended for books, tuition, or other self-sufficiency expenses (TANF only).32. Grants, loans, and earnings from federally financed college work study to undergraduate students for educational purposes that are made or insured by programs administered by the U.S. Commissions of Education (GA only).A. For other grants, loans, or unearned income that are contingent upon attending a school, college, university, or course of vocational training, the amount that is available for current living expenses is counted as income for GA. To determine the amount that is available for current living expenses: | * | Subtract the expenses for tuition, books, fees, equipment, special clothing needs, transportation to and from school, and child care necessary to attend school from the amount of the loan, grant, or other benefit; |
| * | Divide the balance by the number of months the amount available for living expenses is intended to cover to determine the countable monthly income. |
B. When a student's financial aid package includes both loans and grants that are completely disregarded and those that are countable after expenses are deducted, determine countable income for GA as follows: | * | Compare the expenses to the disregarded loans or grants; |
| * | If the expenses are less than or equal to the disregarded funds, all other grants and loans are budgeted as unearned income. |
[Related policies: DSSM section 4005.1]
16 Del. Admin. Code § 4000-4006
14 DE Reg. 1366 (06/01/11)
23 DE Reg. 308( 10/1/2019) (Final)