702 Unearned Income

Title IV adoption subsidies are intended to pay for general living expenses child care expenses are excluded unearned income to the child.

Payments from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the Agent Orange Product Liability Litigation are excluded.

Note: Payments of veterans' benefits to veterans with service-connected disabilities resulting from exposure to Agent Orange are countable.

 

Annuities are contracts or agreements providing for the payment of income at regular intervals (e.g., monthly, quarterly, annually, etc.). The annuity is excluded as a resource if payments are paid from the annuity. The payments are countable unearned income. If recurring payments are received on a regular basis, the payments are averaged over the period of intended use (e.g., an annuity paid on an annual basis is annualized).

All federal, state, or local assistance paid directly to the household People who buy and prepare food together. Spouses, parents, and children who live together are usually counted as the same household. is countable unearned income. Assistance payments include the following:

1. Supplemental Security Income (also known as Title XVI benefits).

2. Retirement, Survivors and Disability Insurance (also known as Title II benefits), State Supplemental Payments.

    

   Note:Supplemental Security Income, Retirement, Survivors and Disability Insurance and State Supplemental Payments benefits should automatically interface. The eligibility staff member must access the SOLQ query to determine correct amount when it is questionable.

    

   Note:When the interface occurs too late in the month to give timely notice, adjust the income for the benefit month The month SNAP benefits are issued. using the previous month's income amount and change Information that is different from what is currently used to determine eligibility and/or benefits. the income for the following month.

    

3. TANF cash assistance automatically interfaces when authorized.

    

   Note: TANF counts against the specified relative receiving SNAP benefits and cash assistance even when a portion of the payment is intended for an individual who is temporarily absent from the household.

    

   Note:SNAP benefits are not increased when a portion of a means-tested program (TANF) is being recouped for a prior household caused overpayment SNAP benefits received by a household which exceeds the amount for which that household was eligible.

    

A capital gain from the sale of personal property or a house, when not in the business of buying and selling houses, is excluded as a non-recurring lump sum. If payment is made in installments instead of a lump sum refer to 'Sale of a Resource' in this section.

'Capital Gains' from the sale of self-employment The act of engaging in a trade or business. A trade or business is generally an activity carried on for a livelihood or in good faith to make a profit. An individual does not have to make a profit to be in a trade or business as long as a profit motive exists property.

Cash donations based on need from one or more private non-profit charitable organizations are excluded unearned income not to exceed $300 in a federal fiscal quarter. Federal fiscal quarters run October- December, January-March, April-June, and July-September.

Childcare payments paid to the parent whose child is receiving care are excluded because the parent is obligated to give the payment to the childcare provider.

Note: The payment is countable earned income Employee payments received in cash for wages, tips, commissions, or net profit from self-employment activities; the Gross Income is before deductions for personal or employment expenses or garnishments. Net Income is after deductions for personal or employment expenses or garnishments. from self-employment when a required filing unit member is the service provider.

 

Child support Voluntary or court ordered payment by an absent parent for the purpose of meeting the needs of his/her child(ren). arrearages received on a regular monthly payment schedule are part of the current payment and are countable.

A child support arrearage paid in a one-time payment is considered a nonrecurring lump sum and is excluded.

Payments paid directly to the household are countable income The total of earned and unearned income not excluded by policy, expected to be received by the household for the budget/benefit month. against the child(ren) it is intended to support. Money legally obligated and otherwise payable to the household but diverted to a third party (e.g., recovery fee) is countable income. Evaluate the child support order to determine the correct amount attributable to each child. If the order does not indicate an amount per child, assume the amount received is equally distributed to all minor children Children under 18 years of age who are under the parental control of an adult household member. of the absent parent living in the household. If the household where the child is living is not receiving the child support income, the child support is not counted against that household. It is counted against the person who receives the money.

When child support is being reduced to repay over issued child support, the net amount of income is countable.

Child support income is countable when the household keeps the child support received prior to the initial authorization A system-initiated approval which generates a benefit. of TANF. All child support income received after initial TANF benefit authorization is excluded income due to the requirement to turn the money over to the Child Support Enforcement Division (CSED). There is not an over payment for SNAP for this situation.

The annual fee or monthly service fee deducted from the custodial parent’s child support received by the Disbursement Unit is not countable child support income.

The date the payment is considered received two working days from disbursement date from child support interface.

When determining the household's income for SNAP purposes, the eligibility staff member must determine if any monies made available to a household by an absent member deployed to a designated combat zone are excluded. Only pay received for deployment to or service in a Combat Zone (CZ), Imminent Danger Pay (IDP), and Hazardous Duty Pay Location (HDP-L) is excludable, not pay received for a Qualified Hazardous Duty Area or Direct Support Area.

1. Establish what amount of the military person's pay was available to the household prior to the deployment of the military person to a designated combat zone.

   1. If the military person was part of the household for SNAP purposes prior to deployment, this amount would be his/her net military pay.

   2. If the military person was not part of the household for SNAP purposes prior to the military person's deployment, the amount the absent military person was making available to the SNAP household prior to deployment is counted as unearned income.

2. Then determine the amount of military pay that the deployed absent military member is making available to the SNAP household.

3. Then identify what portion of the combat-related pay is available to the household. That portion must be excluded from the household's income for SNAP eligibility determinations.

    

To document Used as a noun, as in documentary evidence indicates a written record of the circumstances of an event or fact. Used as a verb, indicates the act of entering the case file actual proof or statement of proof that the contents of the record are accurate. the deployed person's income and location, the person's Leave and Earnings Statement (LES) will identify combat pay if it is being received and can be used to establish deployment to a combat zone and the amount of combat pay. Deployment to a combat zone can also be established through orders issued to the military person. Some households may have access to the information via the web.

If a contract for deed is excluded as a resource, the payments received from that contract for deed are countable unearned income. The costs of doing business are deducted from the gross income to arrive at the countable net income. The income is countable over the period it is intended to cover.

Note: Allowable business expenses The cost directly related to the production of income. for the cost of doing business include: payments on the principal of the purchase price of income producing real estate and capital assets Tangible property used in the operation of a business such as buildings, machinery, fixtures, furniture, equipment, livestock, and chattel., equipment, machinery, and other durable goods; interest paid to purchase income producing property Property that is in and of itself, producing income. For example, rental property is considered income-producing.; insurance premiums; escrow fees; and, taxes paid on income producing property.

 

Both the interest earned and the portion of the payment for the principal is countable income after the allowable costs of doing business when the contract for deed is an excluded resource. If the contract for deed is a countable resource, only the interest payment minus cost of doing business is counted as income.

Contributions that can be anticipated to be received from an outside source and cannot be excluded as a nonrecurring lump sum, loan, or irregular/infrequent income are countable unearned income to the household.

Note: In situations where a client has a joint checking or savings account with a person from outside of the SNAP household, only the income intended for use by the SNAP household is countable. The eligibility worker must determine how much of the income is intended for the household’s use and how much is intended for the non-household member An individual residing with a SNAP household who is not included in determining the household size.’s use. If both parties (SNAP household and non-household member) agree that the money was deposited for the SNAP household’s use, then it is counted as income. Lacking documentation, everything deposited into the account should be considered income.

 

Payments received under this program, regardless of the circumstances of payment, are excluded.

GoFundMe, Kickstarter, and Indiegogo and other similar accounts are on-line platforms that allow donors to fund specific campaigns for charity, individuals in need, projects, and business ventures. The account holders can access funds in two ways, either at any point throughout the campaign or only after the funding goal is met. The account meets the definition of liquid resource. The actual value of the funds that are accessible by the household are countable as a resource. Funds that are accessible at any time from any crowd funding website should be treated as liquid resources and not as income.

Payments issued because of a Presidential declared emergency or major disaster as defined in this Act, as amended, are excluded. The exclusion applies to federal assistance provided to individuals directly affected and to comparable disaster assistance provided by states, local governments, and disaster assistance organizations.

Public Law 100-707 authorizes the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to pay Disaster Unemployment Assistance to any individual unemployed as a result of a major disaster. Individuals cannot receive disaster unemployment benefits if they are eligible Having met the qualifications to receive a SNAP benefit by meeting the specified nonfinancial and financial requirements of eligibility. for any other unemployment compensation. Payments are limited to 26 weeks. Because disaster unemployment assistance is considered Federal major disaster and emergency assistance under the Stafford Act, it cannot be considered as income or as a resource when determining SNAP benefits. The source of the unemployment income only needs to be verified if the household member suffered a job loss or was unemployed due to a recent disaster.

Educational grants, loans on which payment is deferred, scholarships, stipends, and VA education payments directly related to the individual’s attendance at an institution A facility which provides an individual with the majority of their meals (over 50% of three meals daily) as part of the facility’s normal services. of higher education are excluded.

Educational-related income from internships, or stipends, teaching assistantships, or fellowships which require work participation to receive the income is counted as earned income.

Energy payments to households such as Section 8/HUD Utilities Payments, LIHEAP payments, and Farmer's Home Administration (FHA) Rent Subsidy Payments, are excluded.

Federal Emergency Management Assistance (FEMA) funds made to homeless people to pay for rent, food, and utility assistance when there is no major disaster or emergency are countable.

FEMA funds provided as rent payments to households facing eviction or payments for food or clothing are countable unearned income if they are received on a regular basis. When FEMA pays the rent directly to the landlord, the amount is considered a vendor payment A full or partial money payment made by an individual who is not a household member or by a public or private organization directly to a third party for a household expense. and is excluded.

If the payment is related to a disaster see 'Disaster Relief' in this section.

If the household chooses to include the foster child or adult as a filing unit member the foster care income is countable. If the household chooses to exclude the foster child or adult as a filing unit member the foster care income is excluded. All foster care income is assigned to the child or adult who the payment is intended for.

The gross income is counted to determine benefits if unearned income is garnished for a purpose not related to an overpayment from the same income source.

If income is being reduced to repay over issued income from the same income source see 'Recoupments for Overpayments' in this section.

The portion of a military retirement payment paid to an ex-spouse Is a person of the opposite or same sex who is legally married to another person. To be valid couples are required to obtain a marriage license through the County Recorder’s Office. Marriages that occur outside of North Dakota are considered valid in North Dakota if: 1. The marriage was legally performed in another state; or 2. The marriage is a common law marriage that occurred in another state and was considered a valid marriage in that state (the couple would be required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); or 3. The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota. 4. Polygamous marriages violate the strong public policy of North Dakota. In situations where polygamy has occurred, the first marriage is considered valid in North Dakota if the marriage meets the criteria in numbers 1, 2, or 3 above. Any additional spouse(s) claimed after the first marriage are considered non-relative. under a divorce decree property settlement is not counted as income to the retiree; the full payment to a retired civil servant is countable income (see 'Veterans Administration' in this section).

Monetary gifts to the household such as money received as a birthday, anniversary, graduation, or Christmas presents, are generally excluded. The exclusion is usually due to the inability to prospect the income or gift and is usually excluded as a nonrecurring lump sum or irregular/infrequent payment. Monetary gifts that can be prospected are countable and are not considered nonrecurring lump sums or irregular/infrequent payments.

Countable gifts given to an entire household are prorated among the household members.

Payments paid under Health Care Improvement Act of 2000 for the children of women Vietnam veterans who suffer from certain birth defects are excluded from income and resources.

There are several variations of Home Equity Conversion Plans allowing households to borrow money or receive payments against the value of their home. The most common conversion plans are either a Reverse Annuity Mortgage Loan Program (RAM) or a Home Equity Conversion Sale Leaseback Program. A case-by-case review Filing a signed Application for Review via paper review form or through the self-service portal of the eligibility system for SNAP eligibility with the human service zone to determine continuing eligibility and establish a new review period. must be made to determine if the money is countable unearned income or an excluded loan.

Payments received from a Reverse Annuity Mortgage loan program (RAM) are excluded income because they are considered a loan. The loan agreement between the mortgage company and the homeowner is used to verify when the loan is to be repaid. Generally, repayment begins when the:

1. House is sold.

2. Owners no longer occupy the house; or,

3. Owners die, and repayment is taken from the settlement of the estate.

    

The house is sold under this program to an investor who pays the homeowner the purchase price in a series of payments and gives the homeowner a lease to live in the home for a specific period of time (sometimes until death). It is necessary to review each sale-leaseback transaction to evaluate the specific financial arrangements to determine if the proceeds from the property are income or a resource.

Lump sum payments are a resource in the month received. Monthly payments are countable unearned income.

Home equity loans; see 'Loans' in this section.

See 704 Earned Income.

Income tax refunds are excluded as income in the month of receipt and as a resource for a period of 12 months following the month of receipt. NOTE: Earned Income Tax Credit An amount of money which has been either deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A Tax Return for a calendar year. payments and the Child Tax Credit received as an advance payment or as a refund are excluded earned income.

An IDA may be established by or on behalf of an individual eligible for assistance. An IDA is created and funded through periodic IDA contributions by an individual and matched by or through a not-for-profit organization or a state or local government agency in cooperation with such organization. The purpose of the account is to enable an individual to accumulate funds for post-secondary education, first home purchase, or business capitalization. Only earned income can be deposited into an IDA. The gross earnings are counted as wages before deposited.

If funds are withdrawn, for whatever reason, they are not considered income to the household because they were already counted as wages. The funds are still not considered income when withdrawn even if the income was not counted against a North Dakota case when deposited. Interest earned on the IDA is excluded.

Interest, dividend, and royalty income are countable because it is a gain or benefit to the household.

Royalties from Indian lands, oil, gas, and timber - see 703 Tribal Payments and IIM Accounts.

Definition of Royalties - royalties include compensation paid to the owner for the use of property, usually copyrighted material such as books, music, etc., or natural resources such as mineral, oil, gravel, or timber. Royalties are unearned income unless they are received as part of a trade or business. The cost of producing the income can only be deducted if the income is from a self-employment business.

Since interest, dividend, and royalty income are received on a regular basis, royalties cannot be considered irregular or infrequent. The income must be counted regardless of the amount. The eligibility staff member determines to average payments over the period they cover.

Note: Special care must be given with interest and dividends that are reinvested into accounts such as IRAs, Mutual Funds, Stocks, etc. Detailed questions must be asked at time of interview. If no interest or dividend is being paid directly to the household, there is no gain or benefit, and should not be counted as income. Dividends, interest, or royalties that are direct money payments to the household would be considered income. If these are rolled back into the original account or fund, we would not count it as income. Lastly, if a household draws down funds from such an account (for an emergency or other reason) it is not considered income to the household.

 

Irregular or infrequent income is excluded if the income of all household members does not exceed $30 in a quarter. Amounts over $30 in a quarter are countable. The entire

amount is entered, not just the amount in excess of $30. The eligibility staff member must evaluate the amount of income received and how often it is received to determine how to budget the income.

Lease income from Indian Lands - see 703 Tribal Payments and IIM Accounts.

Lease income unrelated to Native American resources is countable. The anticipated income is prorated over the period it was intended to cover.

When the filing unit is in the business of buying and selling leases or managing lease property, the income is considered self- employment.

All valid loans including loans from private individuals and commercial institutions are excluded.

Educational loans-see educational income.

Note: All loans received, other than deferred repayment educational loans, are considered resources since they are available as liquid resources (cash on hand or in checking accounts) until the money from the loan is spent.

 

Verification Third-party information or documentation used to establish the accuracy of statements. of a valid loan: A written or oral statement indicating the money received is a loan and is to be repaid at a future date. It is a best practice to request the loan statement be written and signed by both parties.

The principal of a loan repayment is excluded unearned income.

ALL households must report whenever a member of the household wins substantial lottery or gambling winnings of $4,500 or greater. Lottery or gambling winnings are defined for this requirement as a cash prize won in a single game before taxes or other amounts are withheld. If multiple individuals shared in the purchase of a ticket, hand, or similar bet, then only the portion of the winnings allocated to the member of the SNAP household will be counted toward the eligibility determination. Households with substantial lottery or gambling winnings, as defined in SNAP 1002 Reporting Requirements, immediately lose eligibility for SNAP benefits.

Non-Recurring lump sum payments are excluded income.

Humana Healthy Options Allowance (FLEX) are monthly cash gift cards that may be used for food or other items. These are countable as unearned income.

Humana, BCBS, United Healthcare and others issue monthly OTC cards. The usage parameters for these cards are directly tied to medical insurance and medical needs and are NOT countable income for SNAP.

When monies are received and used by a household for the care and maintenance of a non-household member, the portion of the payment that is identified as belonging to the non-household member is excluded.

If the non-household member's portion cannot be identified, the payment is divided equally among the individuals for whom the payment is intended and the exclusion is applied to either the portion or the amount actually used for the non-household member's care, whichever is less.

Public Law 109-64 enacted September 20, 2005, amends the National Flood Insurance Act of 1968. All payments made under NFIP for flood mitigation activities are not counted as income or resources of the owner of the property when determining eligibility for SNAP benefits. The Federal Emergency Management Agency awards grants to States and communities that distribute the funds to individuals and businesses for activities that reduce the risk of repetitive flood damage.

The value of assistance to children and elderly under these Acts is not income and is not required to be listed.

Separate households residing in the same residence are allowed the actual amount of rent they are billed as a shelter deduction. When households reside together and neither household owns the residence, a rent payment made from one household to another is exempt as pass-through shelter payment up to the full amount of rent billed. If the payment is more than the full rent charged for the residence, the excess payment is unearned income to the household receiving the payment. Refer to 'Rental Income" in this section if the household owns the residence.

A payee for a SSI recipient or SSDI recipient, in agreement with the Social Security Administration, reduces the SSI or SSDI recipient's cash benefit amount by an agreed upon fee for services provided by the payee. The services for the SSI or SSDI recipient are generally paying bills, making appointments, etc. The SSI or SSDI recipient’s countable income is the SSI or SSDI cash benefit amount minus the payee's fee paid by the recipient.

Monies received and used for the care and maintenance of a third-party beneficiary (adult or child) who is not a member of the protective payee's household are excluded as income to the protective payee.

The portion of money a protective payee receives for services is counted as earned income to the protective payee's household.

Recurring payments from pension plans are countable unearned income.

Income paid to an SSI recipient under a plan for achieving self-support is excluded.

Payments received under this Act are excluded.

If the recoupment is unrelated to an overpayment from the same source, see 'Garnishments' in this section.

Money withheld from an assistance payment, earned income, OR money received from any income source that is voluntarily or involuntarily returned to repay a previous overpayment from that same income source must be evaluated to determine if the gross or net income is countable.

Note: When an SSI overpayment is being recouped from RSDI payment, the gross amount of RSDI is counted.

When income is reduced to recoup a prior overpayment and is not from means-tested program, the NET income (amount after the repayment is taken) is counted regardless of the reason for the overpayment. This includes income such as unemployment, Worker's Compensation, child support (unrelated to TANF), pensions, SSI, RSDI, etc.

If a means-tested program (TANF) is reduced to recoup a prior agency-caused overpayment, the net assistance is counted. If the recoupment is for a household-caused overpayment, the gross assistance amount is counted.

Payments received under the Refugee Cash Assistance Program or the Wilson/Fish Alternative Program.

Reimbursements for past or future expenses unrelated to normal living expenses to the extent they do not exceed actual expenses and do not represent a gain or benefit to the household are excluded. The payments must be provided specifically for an identified expense, other than normal living expenses and used for the purpose intended. Reimbursements for normal living expenses such as mortgage, rent, personal clothing, or food eaten at home are a gain or benefit and are not excluded as a reimbursement. These exchanges should be evaluated under other income categories such as, contributions or in-kind income Any gain or benefit (goods, services, etc.) which is not in the form of money payable directly to a household. The goods or services may be evaluated to determine a value. This value is considered exempt income in the determination of eligibility and/or benefit., on a case-by-case basis. Monthly stipends for housing are not excluded.

When a reimbursement including a flat allowance, covers multiple expenses, each expense does not have to be separately identified if none of the reimbursement covers normal living expenses. The amount the reimbursement exceeds the actual incurred expense is counted as income. However, reimbursements are not considered to exceed actual expense unless the provider or the household indicates the amount is excessive.

The following are examples of excluded reimbursements:

1. Reimbursements or flat allowances for job or training related expenses such as travel, per diem, uniforms, and transportation to and from the job or training site. Reimbursements provided over and above basic wages for these expenses are excluded. However, these expenses, if not reimbursed, are not deductible. Reimbursements for the travel expenses of migrant A person who moves on a regular basis to find work in harvesting crops or other agricultural activities. workers are also excluded.

2. Reimbursements for out-of-pocket expenses of volunteers incurred during their volunteer work.

3. Medical and dependent A person who relies on another for support. care reimbursements, including reimbursements from Veterans Administration for 'unusual medical expenses'.

4. Reimbursements received by the filing unit to pay for services provided by Title XX of the Social Security Act.

5. A credit given to a renter or a homeowner from the landlord or lending agency. These are usually from bill or rent adjustments.

    

A property owner/landlord is allowed the full amount of shelter costs (such as mortgage, taxes, insurance) that the household is required to pay to live there. The gross income minus the cost of doing business received from rental property if a household member is not involved in management of the property 20 hours/week or more is countable unearned income to the owner/landlord's household. The eligibility staff member must calculate the amount of countable income manually, using gross income minus the allowable expenses.

Note: No portion of expenses can be used as both a shelter cost and a self-employment cost. The allowable costs of doing business are exclusively for the rental space not for common living area or items used in common.

 

When income from the sale of a personal resource is received in installment payments, the payments minus cost of doing business are countable income.

If the installment contract cannot be readily liquidated (e.g., language states that it cannot be sold to a bank or other financial institution), it is inaccessible and excluded.

If proceeds from the sale of a personal resource are received in ONE payment, the payment is not income but a resource in the month received.

Sale of self-employment resource.

When severance pay is received after employment termination in two or more payments, it is countable unearned income. If paid in a non-recurring lump sum, it is excluded.

Sick leave or vacation pay received while still employed is countable earned income.

Vacation pay received after employment termination is considered severance pay.

Sick leave pay that is received in two or more payments after employment termination is countable unearned income.

If paid in a nonrecurring lump sum, it is excluded.

Payments to children of Vietnam veterans for disabilities resulting from spina bifida are excluded.

The amount of the sponsor's income deemed to be available to the sponsored alien A legal alien is a person lawfully residing in the United States of America who is not a citizen. A legal alien may not necessarily have permanent residence status. An illegal alien is a person present in the United States of America in violation of the Immigration and Nationality Act. is countable unearned income.

Individuals receiving a payment of up to $20 from the State Long Term Care Subsidy Program.

Stipends from an employer are countable unearned income. Note: Stipends for educational assistance are not countable.

If the household was eligible for SNAP benefits the day prior to the strike and is otherwise eligible at the time of application Filing a signed Application for Assistance via paper application or through the self-service portal of the eligibility system to establish eligibility and assign a review period., the household may be eligible for benefits. The benefit is not increased because of the decreased income of the striking member. Compare the striking member's income before the strike to the striker Anyone involved in a strike, work stoppage, slowdown or other interruption of operations mutually agreed on by employees. This includes a stoppage because of the expiration of a collective bargaining agreement.'s current income. The higher of the two incomes is countable income.

Income received from the union during a strike (e.g., income from being on a picket line) is countable unearned income. If the income is actually wages, it is earned income.

The income is considered the same as foster care payments. Payments are countable unearned income to the child when the child is included in the filing unit. Payments are excluded when the child is not included in the filing unit.

Supportive services payments to households through TANF are excluded income (See Lump Sum Payments in this section).

• Job Retention portion of TANF Transition Assistance

• TANF Kinship Care

   

  Exception: JOBS Supportive Services, TANF Supportive Services and Special Items of Need that represent a reimbursement are not counted as income.

The housing allowance is not considered a reimbursement and is counted as unearned income.

When there is a reduction in a TANF benefit due to failure to perform a required action or for IPV and an overpayment is being recouped, the gross amount of the TANF grant must be counted as income if the individual was receiving SNAP benefits at the time the penalty was imposed.

Short term or long-term disability or loss of time insurance payments for illness or injury paid by someone other than the employer is countable unearned income.

Note: If paid by the employer see Earned Income.

Trusts must be evaluated for accessibility according to SNAP 603 Countable and Excluded Resources.

Monies withdrawn from an inaccessible trust A property interest held by one person for the benefit of another. fund, unless otherwise excluded are countable in the month received.

Monies withdrawn from an accessible trust fund are excluded as income because an accessible trust fund is a countable resource. Money cannot be considered income and resource in the same month.

Monies received and used for the care and maintenance of a third-party beneficiary (adult or child) who is not a member of the trustee The person(s) given authority, by a written contract, to manage money set up in a trust.’s filing unit are excluded as income for the trustee. When the household has the option of receiving the dividend as income or reinvesting in the trust, it is countable unearned income in the month it is available.

Unemployment compensation payments are countable.

Eligibility staff member access Job Service UIB via the integrated eligibility system or the UIB Interface - External Webservice to verify unemployment benefits.

Note: The gross amount of the unemployment payment is countable before taxes or child support is deducted. The child support deduction is allowed when appropriate.

 

These benefits are paid on an Electronic Benefits Card and are considered income:

1. On the date received; or

2. When available and the recipient has a legal ability to access the income for support or maintenance.

Note: Unemployment received by an individual in the SNAP household under the age of 18 is countable unearned income.

 

If the household cannot verify the date of actual receipt, the receipt date is deemed to be either:

1. The date funds were deposited into the account based on a bank statement from the electronic payment card vendor The person or business who provides goods or services. or their personal bank account; or

2. Two working days after the date the WSI or UIB was processed.

    

Payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 are excluded. These payments include:

1. Payments to individuals displaced as a result of the acquisition of real property.

2. Relocation payments to a displaced homeowner toward the purchase of a replacement dwelling. The payment may only be to a displaced owner who purchases and occupies a dwelling within one year following displacement.

3. Replacement housing payments to a disabled A member of a household who meets one of the following criteria: 1.Eligible to receive SSI benefits, including presumptive SSI payments, or is eligible as a 1619B under SSI criteria. 2.Is determined disabled by SSA and in receipt of disability payments. 3.Is a recipient of disability related medical assistance under Medicaid (Title XIX of the Social Security Act). Eligibility to receive these benefits must be based on disability or blindness criteria, which is at least as stringent as SSI regulations. 4.Is in receipt of disability retirement benefits from a government agency because of a disability considered permanent under Social Security disability criteria. 5.Is a veteran with a service connected or non-service connected disability. 6.Is a veteran considered by the VA in need of regular aid and attendance or permanently house bound under Title 38 of the United States Code. 7.Is a surviving spouse of a veteran and considered by the VA in need of regular aid and attendance or permanently house bound or a surviving child of a veteran and considered by the VA as permanently incapable of self-support under Title 38 of the United States Code. 8.Is a surviving spouse or surviving child of a veteran and considered by the VA entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under Title 38 of the United States Code and has a disability considered permanent. Entitled refers to a surviving spouse and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments but are not yet receiving them. 9.Is in receipt of a Railroad Retirement disability annuity and has been determined to qualify for Medicare. 10.Is in receipt of SSI optional or mandatory supplementation. (North Dakota does not have SSI optional or mandatory supplementation. However, someone moving to North Dakota may have received this benefit from another state.) 11. Is in receipt of disability-based State general assistance benefits, provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the state they receive the benefit from, which are at least as stringent as those used under SSI regulations. (North Dakota does not have disability-based State general assistance benefits. However, someone moving to North Dakota may have received this benefit from another state.) person not eligible for a homeowner's payment as listed above; and,

4. Payments to U.S. citizens of Japanese ancestry and resident Japanese aliens of up to $20,000 each and payments to certain eligible Aleuts of up to $12,000 each.

    

A payment made in money on behalf of a household is a vendor payment when an individual or organization outside of the household uses its own funds to make a direct payment to the household’s creditors or to a person or organization providing a service to the household. Most vendor payments are excluded. Payments made by a government agency to a childcare provider for a household member's childcare expenses are excluded as vendor payments.

Some countable income exceptions are:

1. Money legally obligated or payable to the household but is diverted by the provider of the payment to a third party for a household expense.

2. Money deducted or diverted from a court-ordered support or spousal support payment to a third party for a household expense because the payment is taken from money owed to the household.

3. All or part of TANF usually provided in a money payment to the household but is diverted to a third party or a protective payee for purposes such as managing the household's expenses; or,

4. Rent or mortgage payments made to landlords or mortgagees through county.

    

Payments from the Veterans Administration, retirement, or disability payments are countable.

Exception: 'Agent Orange Settlement Fund', 'Spina Bifida', and 'Health Care Improvement Act of 2000'.

The portion of a military retirement payment paid to an ex-spouse under a divorce decree property settlement is not counted as income to the retiree. Since retired civil servants are not covered under the Uniform Services Former Spouse Protection Act, the full payment to a retired civil servant is countable income. The amount diverted to the ex-spouse is legally obligated and payable to the retired civil servant’s household. It is not considered legally obligated to the military retiree’s household and is excluded for the military retiree.

Payments from the Veterans Administration for A&A are countable. NOTE: If the payments are paid to someone outside of the household for services, they are excluded as a reimbursement.

Attendant care payments, paid by an outside source to the attendant care provider for a disabled/elderly household filing unit member, are countable earned income to the attendant care provider.

Federal, state, or local one-time payments for weatherization and replacement or repair of heating or cooling devices are excluded.

The value of assistance to children under the Supplemental Food Program for Women, Infants and Children (WIC) is excluded.

Workers' Compensation payments are countable.

Note: If attorney fees are being taken from the Workers' Compensation payments, the gross amount is counted as income because it is legally obligated and payable to the household.