16 Del. Admin. Code § 8000-8030

Current through Register Vol. 28, No. 7, January 1, 2025
Section 8000-8030 - Excluded income

The following kinds of income are disregarded in determining financial eligibility and grant amounts in RCA:

· The value of USDA donated foods.

· The value of food benefits.

· Foster care payments made on behalf of foster children residing in the home.

· Payments made directly to a third party on behalf of a recipient.

EXAMPLE: A friend pays a recipient's electric bill. The payment is made directly to the electric company. This payment is not considered as income to the assistance unit.

· Earnings received by children under the Summer Youth Program of the Job Training Partnership Act of 1982 for a period not to exceed six (6) months.

· A cash payment made to the RCA unit responsible for household bills by a non- unit member for his or her share of the common household expenses.

· Any bona fide loan including loans for current living expenses. The following criteria must be met to ensure that the loan is bona fide:

1. Written agreement between the client and the individual or establishment engaged in the business of making loans to repay the money within a specified time.
2. If the loan is obtained from an individual or establishment not normally engaged in the business of making loans, obtain one of the following:
a. Borrower's acknowledgement of obligation to repay; or
b. Borrower's expressed intent to repay either by pledging real or personal property or anticipated income; or
c. A written statement detailing borrower's plans to repay the loan when future anticipated income is received.

· Income received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

· Incentive payments or reimbursement for training- related expenses derived from participation in Institutional and Work Experience Training or special work projects under the Work Incentive Program (First Step).

· Benefits received under the nutrition program for the elderly or the Women, Infants, and Children Nutritional Program.

· All payments received under the VISTA program unless the value of the payment when adjusted to reflect the number of hours worked are equal to or greater than the minimum wage currently in effect under the Fair Labor Standards Act of 1938. In that case the income is treated as earned income and disregards applicable to the category of assistance are deducted from it.

· Payments distributed per capita to or held in trust for members of any Indian tribe under Public Law 92-254, P.L. 93-134, or P.L. 94-540.

· Federal major disaster and emergency assistance provided to individuals and families and comparable disaster assistance provided by State, local governments, and disaster assistance organizations under P.L. 100-707.

"Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.

"Major Disaster" means any natural catastrophe...which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts of available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

· Payments of supportive services or reimbursement of out- of pocket expenses made to individual volunteers serving as 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 of P.L. 93-113.

· Housing subsidies provided under Section 8 of the U.S. Housing Act.

· Benefits paid to eligible households under the Home Energy Assistance Act of 1980.

· Home energy assistance based on need, such as, but not limited to home energy assistance from the following agencies:

Kingswood Community Center

Peoples' Settlement Association

Catholic Social Services, Inc.

Neighborhood House, Inc.

Community Housing, Inc.

Jewish Family Service of Delaware

Salvation Army

Community Action (Sussex County)

· Assistance from other agencies and organizations provided that no duplication exists between such other agency and that provided by DSS. To assure that non- duplication exists, determine that the aid granted by another agency is for a different purpose. For example, vocational rehabilitation provides cash allowances (usually $25 per week) to reimburse clients for costs such as transportation related to their participation in a training program.

· All federal tax refunds, including Earned income tax credits (EITC).

· Income of an individual acting as a refugee's sponsor.

· Income received from the Census Bureau from April 1, 2000 through December 31, 2000.

14 DE Reg. 1366 (06/01/11)

8030.1 Excluded Income - Grants and Loans to Students

Grants and loans to undergraduate students for educational purposes that are made or insured by programs administered by the United States Commissions of Education are disregarded. These include Basic Educational Opportunity Grants (BEOG), Supplemental Education Opportunity Educational Grants (SEOG), National Direct Student Loans (NDSL), Guaranteed Student Loans (GSL), all funds provided under the National Defense Education Act, and earnings from federally financed college work study.

For other grants, loans, or unearned income that is contingent upon attending a school, college, university, or course of vocational training, that part that is available for current living expenses is counted as income. To determine the amount that is available, subtract 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 income is intended to cover to determine budgetable monthly income.

NOTE: 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 as follows:

1. Compare expenses to disregarded loans or grants.
2. If expenses are less than or equal to disregarded funds, all other grants and loans are budgeted as unearned income.

EXAMPLE:

Pell Grant $442.00 disregarded
De. Post Secondary Grant 234.00 countable
Minority Scholarship 166.00 countable
842.00
Tuition and books 409.00 allowable expenses

Expenses ($409) are less than disregarded grant ($442). Budgetable income is all other grants, loans or benefits ($234 + $166 = $400)

3. If expenses exceed disregarded funds, budgetable income is determined by finding the difference between disregarded funds and allowable expenses and subtracting that amount from all other funds.

EXAMPLE:

Pell Grant $442.00 disregarded
De. Post Secondary Grant 234.00 countable
Minority Scholarship 166.00 countable
$842.00
Tuition, books, and day care $450.00 allowable expenses
Allowable expenses ($450.00) exceed disregarded funds ($442.00) by $8.00
Countable grants $400.00 ($234 + $166)
Difference 8.00
Budgetable Income $392.00

16 Del. Admin. Code § 8000-8030