5. INCOME

 

03.04400

INCOME. All household income is counted in the Food Stamp budget unless excluded under these rules. Income can be earned or unearned. Income must be verified and documented. (06-01-94)

03.04401

EARNED INCOME. Earned income includes, but is not limited to, income listed in Table 03.04401. (3-15-02)

TABLE 03.04401 TYPES OF EARNED INCOME

 

EARNED INCOME

DESCRIPTION

01. Wages or Salary Wages and salaries of an employee, advances, tips, commissions, meals, and military pay are earned income. Garnishments from wages are earned income. (6-1-94)
02. Self-Employment Income Income from self-employment, including capital gains, is earned income.

Rental property is a self-employment enterprise. The income is earned if a household member manages the property an average of twenty (20) or more hours per week.

NOTE: The income must be consistent with reasonable fair market rent for the location.   

Payment from a roomer or boarder is self-employment income. (6-1-94)

03. Training Allowances Training allowances from programs such as Vocational Rehabilitation are earned income. (3-20-04)
04. Payments Under Title I Payments under Title I, such as VISTA and University Year for Action under P.L. 93-113 are earned income.(6-1-94)
05. On-the-Job Training Programs WIA income includes monies paid by WIA or the employer. Income from WIA on-the-job training programs is earned income, unless paid to a household member under age nineteen (19). The household member under age nineteen (19) must be under the control of another household member. (3-15-02)
06. Basic Allowance for Housing (BAH) BAH is an Armed Services housing allowance. BAH is counted as earned income. (4-5-00)

(06-01-2001)

NOTE:

Employers often pay group life insurance, medical insurance or long term disability for employees as "flexible contributions." No taxes or FICA are withheld. These contributions are not considered to be taxable. These "flexible contributions" are counted as earned income available to the participant. The contributions are considered benefits on the job and must be counted as income.

NOTE:

The income from the sale of plasma is earned income from self- employment.

NOTE:

If income from serving on jury duty exceeds $30 in a quarter, it is treated as earned income.

NOTE:

Employment in the "Federal Stay in School Program" is counted as earned income for students over age 22 and attending an elementary or secondary school.

NOTE:

Determine if any household members are employed. Check if any household members were employed in the last two months. When the household says a member earned wages or salaries, get the:

     Name and telephone number of employer.

     Amount and frequency of earnings.

     Number of hours employed.

Proof of earned income must come from:

     The employer.

     Wage receipts.

If the household says it has no earned income, check household circumstances. The SRS may:

     Check past employment.

     Check former employers.

The SRS may accept the household's denial of other earned income if there is no evidence to the contrary.

NOTE: Partnerships and Corporations

Partnerships, Limited Liability Corporations (LLCs), and S Corporations are regarded under the law as artificial persons with income and debts independent of their members or shareholders.  Use appropriate legal or tax records to verify the type of business structure. 

With these types of businesses, expenses are taken out prior to disbursing profits.  Because of this, income from these businesses is not treated under typical self employment rules, and expenses are not allowed. 

In LLCs and S-Corps, be aware that officers often receive a separate disbursement of income for that status, in addition to their income for being a member or shareholder.  Disbursed income is treated as earned income.

If the disbursements come out less often than monthly, then average them over the period of time they are intended to cover.

If the participant has not taken any legal steps to turn their business into a Partnership, LLC, S Corp, assume it is a sole proprietorship and that normal self employment rules apply.  If it is not clear from the legal paperwork provided which type of business structure is involved, utilize your local DAG to assist in the identification of the business structure.

03.04402

UNEARNED INCOME. Unearned income includes, but is not limited to income listed in Table 03.04402. (06-01-94)

TABLE 03.04402 TYPES OF UNEARNED INCOME

 

UNEARNED INCOME

DESCRIPTION

01. Public Assistance (PA) Payments from SSI, TAFI, AABD, GA, or other Public Assistance programs are unearned income. (7-1-98)
02. Retirement Income Payments from annuities, pensions, and retirement are unearned income. Old age, survivors, or Social Security benefits are unearned income. (06-01-94)
03. Strike Benefits Strike benefits are unearned income. (06-01-94)
04. Veteran's Benefits Veteran's benefits are unearned income. (06-01-94)
05. Disability Income Disability benefits are unearned income. (06-01-94)
06. Workers' Compensation Workers' Compensation is unearned income. (06-01-94)
07. Unemployment Insurance Unemployment Insurance is unearned income. (06-01-94)

Note: UIB payments are typically not available on the date shown on the UIB screens.  Allow adequate mailing time or time for direct deposit posting.

08. Contributions Contributions are unearned income. (06-01-94)
09. Rental Property Income Rental property income, minus the cost of doing business, is unearned income if a household member is not managing the property at least twenty (20) hours per week. (06-01-94)

NOTE: The income must be consistent with reasonable fair market rent for the location.   

10. Support Payments Support payments, including child support payments, are unearned income. (06-01-94)
11. Alimony Alimony payments are unearned income. (06-01-94)
12. Education Benefits Educational scholarships, grants, fellowships, deferred payment loans, and veteran's educational benefits exceeding excluded amounts are unearned income. (06-01-94)
13. Government Sponsored Program Payments Payments from government sponsored programs are unearned income. (06-01-94)
14. Dividends, Interest, and Royalties Dividends, interest, and royalties are unearned income. (06-01-94)
15. Contract Income Contract income from the sale of property is counted as unearned income. (06-01-94)
16. Funds from Trusts Monies withdrawn from trusts exempt as a resource are unearned income. Dividends paid or dividends that could be paid from trusts exempt as a resource are unearned income. (7-1-97)
17. Recurring Lump Sum Payments Recurring lump sum payments are unearned income. (7-1-98)
18. Prizes Cash prizes, gifts and lottery winnings are unearned income. (6-1-94)
19. Diverted Support or Alimony Child support or alimony payments, diverted by the provider to a third party, to pay a household expense are unearned income. (6-1-94)
20. HUD Payments for Utilities Housing and Urban Development (HUD) payments for utility costs, made directly to the household or jointly to the household and utility company, are unearned income. (6-1-94)

Note: This is excluded income per 03.04406.36

21. Agent Orange Payments Payments made under the Agent Orange Act of 1991 and disbursed by the U.S. Treasury are unearned income. (6-1-94)
22. Garnishments Garnishments from unearned income are unearned income. (6-1-94)
23. Tribal Gaming Income Tribal gaming income is unearned income. The participant can choose to count the income in the month received, or prorate the income over a twelve (12) month period. (4-5-00)
24. Other Monetary Benefits Any monetary benefit, not otherwise counted or excluded, is unearned income. (6-1-94)

(10-01-99)

NOTES: Panhandling income is unearned income and coded as a contribution.

When workers' compensation is reduced by attorney's fees, count the gross amount before the fees. Treat the income as unearned income.

Average annuities and lottery winnings paid annually over a twelve month period of time.

The Montgomery G. I. Bill - Selected Reserve Program is countable unearned income.

An unemployment claimant can earn up to one half his weekly unemployment benefit amount and still get the full weekly benefit amount for that week.

EXAMPLE:
Jack's unemployment benefit amount is $100. He earned $47 in one week. The unemployment amount was not reduced for that week. Jack got a $100 unemployment amount for that week.

When an unemployment claimant earns more than one half his weekly benefit amount, the unemployment benefit is reduced. A dollar-for-dollar reduction from the weekly amount is subtracted for every dollar earned over one half the weekly unemployment benefit amount for that week.

EXAMPLE:
Joe's unemployment benefit amount is $100. He could earn up to $50 without a reduction in unemployment benefits. But Joe earned $85 in one week. Joe earned $35 over one half the weekly benefit amount. $85 - $50 = $35. Joe got a $65 unemployment amount for that week. $100 - $35 = $65.

When an unemployment claimant earns one and one half times his weekly unemployment benefit amount in one week, he will not receive unemployment benefits for that week.

EXAMPLE:
Jane's unemployment benefit amount is $100. She earned $150. She did not get unemployment benefits for that week.

NOTES: Under Emergency Unemployment Compensation (EUC), the unemployment claimant has the option of regular unemployment (UI) or EUC. EUC is based on a previous entitlement amount. EUC can be identified on the DOE interface screen, HWI 020, Department of Employment UI Claimant Profile.

"Deferred" indicates the claimant had established an unemployment claim, discontinued that claim, and draws benefits on a prior claim. "Postponed" indicates the claimant filed a new claim, chose the option to postpone the new claim and draws benefits on a prior claim. The benefit to the claimant is that his unemployment benefits may be a higher amount.

Those claimants who receive deferred EUC are entitled to retroactive payments. These retroactive payments will be made in one lump sum. The lump sum payment amounts will not appear on the interface with DOE.

FACS Emergency Assistance payments are unearned income

Monthly FmHA Home Improvement and Repair Grants for the Elderly are unearned income.

Any amount paid by the FmHA or its representatives directly to a landlord for a participant's ongoing shelter cost must be excluded from income. When FmHA's utility allowance is more than 30% of the households adjusted income, the landlord is obligated to forward the difference to the tenant. The payment is treated the same as a HUD negative utility payment. The negative utility payment is excluded.

When employee disability insurance payments are reduced by FICA and taxes, count the gross amount before withholding and treat the income as unearned income.

Alaska Annual Permanent Fund dividend checks are considered recurring lump sum payments and are unearned income.

NOTE: When two households share rent, the rent amount of one household given to the other household is not counted as income.

EXAMPLE:
Both households sharing rent.
The Smith household shares $500 monthly rent with the Jones household. The Smiths pay $200 to the Jones household. The Jones add $300 to that amount to pay the landlord the total $500 monthly rent. The $200 paid by the Smiths to the Jones is not counted as income to the Jones household.

NOTE:  One household buying the home, one household renting. When a person who is buying their home shares living expenses with another household, the money the other household pays toward the mortgage payment, property taxes, or irrigation taxes counts as unearned income to the household purchasing the home. The household purchasing the home receives the full amount of these costs as a shelter expense. 

If the other household applies for FS as a separate household, allow the amount that the household pays to the homeowner as a shelter cost.  If the households share utility costs, each household can receive the appropriate utility allowance (depending on the type and number of utilities each household pays).  See also section 03.04542 through 03.04548 for more information on shelter costs.

NOTE: Contract income from the sale of real property, minus sale expenses, is counted as unearned income.

EXAMPLE:
Shirley and Bob sold their home on contract. The new buyer pays $433 to the escrow company. The escrow company pays $338 to the bank for principal and interest on the original loan. The escrow company keeps $23 for title search, points, etc. for the sale of the home. The escrow company also keeps $8 monthly for handling fees. $64 available contract income is counted as unearned income to Shirley and Bob.

NOTES: Case Managers get Social Security Administration (SSA) benefit data through the State Online Query (SOLQ)  system. RSDI (Title II) and SSI (Title XVI) benefit data is available. One SOLQ inquiry gets RSDI and SSI information on the same person.

To request RSDI and SSI information, trigger a SOLQ inquiry on the Interface Menu (Option C).  See link for detailed instructions.   [1/1/06]

Reverse mortgage is the Home Equity Conversion Mortgage (HECM) loan. HECM is sponsored by the Farmer's Home Administration (FHA). Banks may sponsor reverse mortgage loans also. People age 62 or older can get a reverse mortgage against their home equity. The mortgage must be repaid after the person's death. Generally, proceeds of a reverse mortgage are a resource the month after the month received. Explore the terms of the reverse mortgage agreement. Make sure it is a loan and not income.

Retroactive SSI, paid in installments, is not income or resources.

03.04403 -- 03.04404 RESERVED

03.04405

EXCLUDED INCOME. Table 03.04405 lists income excluded when computing Food Stamp eligibility. (06-01-94)

Note: When an SSI payee retains the payment for his/her own needs, instead of using it for the needs of the disabled person, the income counts towards the payee and not the person for whom the payment is intended.  [1/1/06]

Example:
Food Stamp household consists of Sarah and her husband Mike.  Sarah’s mother Janet, who does not live with Sarah and Mike, is the payee for Sarah’s SSI.  Janet uses Sarah’s monthly SSI payment for her own needs and does not give this money to Sarah or use the money to meet any of Sarah’s needs.  Since Janet keeps this money for herself, do not count Sarah’s SSI in determining Food Stamp eligibility for Sarah and Mike.  [1/1/06]

TABLE 03.04405 EXCLUDED INCOME

 

INCOME EXCLUDED

DESCRIPTION OR CONDITIONS

01.

Money Withheld

Money withheld voluntarily or involuntarily, from an assistance payment, earned income, or other income source, to repay an overpayment from that income source, is excluded.

If an intentional noncompliance penalty results in a decrease of benefits under a means tested program such as SSI or GA, count that portion of the benefit decrease attributed to the repayment as income. (7-1-98)

02.

Child Support Payments

Child support payments received by TAFI recipients which must be given to CSS are excluded as income. (7-1-98)

03.

Earnings of Child Under Eighteen (18) Attending School

Earned income of a household member under age eighteen (18) is excluded. The member must be under parental control of another household member and attending elementary or secondary school. For the purposes of this provision, an elementary or secondary student is someone who attends elementary or secondary school or who attends GED or home-school classes that are recognized, operated, or supervised by the school district. This exclusion applies during semester and summer vacations if enrollment will resume after the break. If the earnings of the child and other household members cannot be differentiated, prorate equally among the working members and exclude the child's share. (7-1-98)

NOTE:  When a child with earned income turns 18, verify and count the earned income at the next recertification or 12-month contact.  Neither Simplified Reporting households no Change Reporting households are required to report when a child turns 18.

04.

Retirement Benefits Paid to Former Spouse or Third Party

  • Social Security retirement benefits based on the household member's former employment, but paid directly to an ex-spouse, are excluded as the household member's income.
  • Military retirement pay diverted by court order to a household member's former spouse is excluded as the household member's income.
  • Any retirement paid directly to a third party from a household member's income by a court order is excluded as the household member's income. (6-1-94)
05.

Infrequent or Irregular Income

Income received occasionally is excluded as income if it does not exceed thirty dollars ($30) total in a three (3) month period. (6-1-94)

06.

Cash Donations

Cash donations based on need and received from one (1) or more private nonprofit charitable organizations are excluded as income. The donations must not exceed three hundred dollars ($300) in a calendar quarter of a Federal fiscal year (FFY). (6-1-94)
07.

Income In Kind

Any gain or benefit, such as meals, garden produce, clothing, or shelter, not paid in money, is excluded as income. (6-1-94)

NOTE: When a participant works in exchange for shelter costs and no monetary gain is received by the household, do not count the shelter amount as unearned income and do not give a shelter allowance.

08.

Vendor Payments

A vendor payment is a money payment made on behalf of a household by a person or organization outside of the household directly to either the household’s creditors or to a person or organization providing a service to the household.  (3-20-04)

NOTEVendor payments include, but are not limited to:

a. Emergency assistance (including, but not limited to housing and transportation payments) for migrant or seasonal farm worker households while they are in the job stream.

b. Housing assistance from a State or local housing authority.

c. Energy assistance payments.

09.

Third Party Payments

If a person 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 shall be excluded from income.  (3-20-04)

Examples:
a.  A household receives court ordered monthly support payments in the amount of $400.  $200 is diverted and paid directly to a creditor for a household expense.  The full $400 support  payment is counted as income.

b.  A court awards support payments in the amount of $400 a month and in addition orders $200 to be paid directly to a bank for repayment of a loan.  The $400 support payment is counted as income and the $200 payment is excluded as income.

c.  A friend or relative uses his or her own money to pay the household’s rent directly to the landlord.  This vendor payment shall be excluded as income.

d.  If an employer pays a household’s rent directly to the landlord in addition to paying the household its regular wages, the rent payment shall be excluded as income.

10.

Loans

Loans are money received which is to be repaid. Loans are excluded as income. (6-1-94)

11.

Money for Third Party Care

Money received and used for the care and maintenance of a third party who is not in the household.  If a single payment is for both household members and non-household members the identifiable portion of the payment for non-household members is excluded.  If a single payment is for both household members and non-household members, exclude the lesser of: (6-1-94)

a. The prorated share of the non-household members if the portion cannot be identified. (6-1-94)

b. The amount actually used for the care and maintenance of the non-household members. (6-1-94)

12.

 

Reimbursements

Reimbursements for past or future expenses not exceeding actual costs. Payments must not represent a gain or benefit. Payments must be used for the purpose intended and for other than normal living expenses. Excluded reimbursements are not limited to: (6-1-94)

a. Travel, per diem, and uniforms for job or training. (6-1-94)

b. Out-of-pocket expenses of volunteer workers. (6-1-94)

c. Medical and dependent care expenses. (6-1-94)

d. Pay for services provided by Title XX of the Social Security Act. (6-1-94)

e. Repayment of loans made by the household from their personal property limit. The repayment must not exceed the amount of the loan. (6-1-94)

f. Work-related and dependent care expenses paid by the JSAP program. (6-1-94)

g. Transitional child care payments. (6-1-94)

h. Child care payments under the Child Care and Dependent Block Grant Act of 1990. (6-1-94)

NOTE:

In-Home Financial Assistance paid by Developmental Disabilities is excluded as a reimbursement for a future expense.

13.

Federal Earned Income Tax Credit (EITC)

Federal EITC payments are excluded as income. (9-1-94)

14.

Work Study

Work study income received while attending post-secondary school is excluded as income. (3-20-04)

15.

HUD Family Self-Sufficiency (FSS) Escrow Account

The federal exclusion for these funds are only excluded while the funds are in the escrow account or being used for a HUD approved purpose.  See Section 363 of these rules for further clarification. (10-1-05)T

(07-01-97)

NOTE: If a participant voluntarily repays an SSI overpayment to SSA in the same month the overpaid SSI was paid, the overpayment amount is excluded as income.

EXAMPLE:
Betty received $434 SSI. She was entitled to $334. Betty voluntarily repaid $100 to SSA in the same month she received the $434 check. Exclude the $100 overpayment. Count $334 SSI.

NOTE: If an RSDI benefit will be reduced to repay an SSI overpayment, the income is not from the same source. The entire RSDI entitlement, not the actual amount received, must be counted as available income.

EXAMPLE:
A $561 RSDI benefit is reduced to $501 to repay a $60 SSI overpayment. Count the full $561 as income for Food Stamps.

NOTE: If income from serving on jury duty is less than $30 in a quarter the income is excluded.

NOTE: Any amount paid by the FmHA or its representatives directly to a landlord for a participant's ongoing shelter cost must be excluded from income. When FmHA's utility allowance is more than 30% of the households adjusted income, the landlord is obligated to forward the difference to the tenant. The payment from the landlord to the tenant is unearned income. It is treated the same as a HUD negative utility payment.

HANDBOOK MATERIAL: TREATMENT OF WIA INCOME

EARNINGS - SUMMER YOUTH EMPLOYMENT AND TRAINING FOOD STAMPS Excluded for a child under age 19 and under the control of another household member.
EARNINGS - ON-THE-JOB TRAINING (OJT) OR WORK EXPERIENCE FOOD STAMPS Excluded for a child under age 19 and under the control of another household member.
ALLOWANCES - OTHER WIA PROGRAMS FOOD STAMPS Excluded.

03.04406

INCOME EXCLUDED BY FEDERAL LAW. Income listed in Table 03.04406 is excluded by Federal law when computing Food Stamp eligibility. (3-15-02)

TABLE 03.04406 INCOME EXCLUDED BY FEDERAL LAW

  LAW OR PROGRAM DESCRIPTION
01. P.L. 91-646 Reimbursements under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970. (6-1-94)
02. P.L. 92-203 Funds from the Alaska Native Claims Settlement Act. (6-1-94)
03. P.L. 93-113

RSVP

Payments under Title I and Title II, "Retired Senior Volunteer Program" (RSVP), the Foster Grandparents Program and the Domestic Volunteer Services Act of 1973. (6-1-94)
04. P.L. 93-134

AS AMENDED BY P.L. 103-66

Effective January 1, 1994, up to two thousand dollars ($2,000) per calendar year of payments derived from interest of individual Indians in trust or restricted lands. (6-1-94)
05. P.L. 93-288

P.L. 100-707

Disaster Relief

Payments from Disaster Relief and Emergency Assistance Disaster Relief Act. (6-1-94)
06. P.L. 93-531 Relocation assistance to Navajo and Hopi tribal members. (6-1-94)
07. P.L. 94-114 The submarginal lands held in trust by the U.S. for certain Indian tribal members. (6-1-94)
08. P.L. 94-189 Funds from the Sac and Fox Indian Claims Agreement. (6-1-94)
09. P.L. 94-540 Funds to the Grand River Band of Ottawa Indians. (6-1-94)
10. P.L. 95-433 Funds to the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation from the Indian Claims Commission. (6-1-94)
11. P.L. 96-420 Funds to the Passamaquoddy Tribe and Penobscot Nation funds paid under the Maine Indian Claims Settlement Act of 1980. (6-1-94)
12. P.L. 105-220

WIA

All earned and unearned income received from the Workforce Investment Act (WIA) of 1998, except for earned income received from taking part in on-the-job training programs. (3-15-02)
13. P.L. 97-365 & P.L. 98-64 Up to two thousand dollars ($2,000) of any per capita payment, and any purchases made with such payment, from funds held in trust by the Secretary of the Interior. (6-1-94)
14. P.L. 97-403 Funds to the Turtle Mountain Band of Chippewas, Arizona. (6-1-94)
15. P.L. 97-408 Funds to the Blackfeet, Gros Ventre, and Assiniboine Tribes, Montana. Funds to the Papago Tribe, Arizona. (6-1-94)
16. P.L. 98-123 Funds to the Red Lake Band of Chippewa Indians. (6-1-94)
17. P.L. 98-500 Funds from the Old Age Assistance Claims Settlement Act, provided to heirs of deceased Indians, except for per capita shares over two thousand dollars ($2,000). (6-1-94)
18. P.L. 99-264 Funds to the White Earth Band of Chippewa Indians, Minnesota. (6-1-94)
19. P.L. 99-346 Funds to the Saginaw Chippewa Indian Tribe, Michigan. (6-1-94)
20. P.L. 100-175 Effective October 1, 1987, payments received by persons age 55 and older under Title V, "Senior Community Service Employment Program". (6-1-94)
21. P.L. 100-435

WIC

Benefits from the Women, Infants, and Children (WIC) Program. (6-1-94)
22. P.L. 100-435 Payments or reimbursements for work related or child care expenses made under an employment, education, or training program under Title IV-A of the Social Security Act after September 19, 1988. (6-1-94)
23. P.L. 100-435 Payments made to a JSAP participant for work, training, or education-related expenses or for dependent care. (6-1-94)
24. P.L. 101-41 Funds to the Puyallup Tribe of Indians, Washington. (6-1-94)
25. P.L. 101-277 Payments to the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukae Tribe of Florida, and the Independent Seminole Indians of Florida. (6-1-94)
26. P.L. 101-426 Payments made under the Radiation Exposure Compensation Act. (6-1-94)
27. P.L. 101-508 At-risk child care payments. (6-1-94)
28. P.L. 101-610 and

P.L. 103-82

Allowances, earnings and payments to persons participating in programs under the National and Community Services Act. The exclusion applies to all payments made under the AmeriCorps Program. (7-1-99)
29. P.L. 102-237 Amounts needed for attainment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act. (6-1-94)
30. P.L. 102-325 Educational income authorized under the BIA student assistance programs and under Title IV of the Higher Education Amendments of 1992. (6-1-94)
31. P.L. 103-286 Effective 08-01-94, payments made to victims of Nazi persecution. (1-1-95)
32. P.L. 103-436 Payments to the Confederated Tribes of the Colville Reservation for the Grand Coulee Dam Settlement. (7-1-97)
33. P.L. 104-204 Payments to children with spina bifida born to Vietnam veterans. (7-1-99)
34. Agent Orange Settlement Fund Product liability payments, made by Aetna Life and Casualty from the Agent Orange Settlement Fund. Any other fund for the settlement of Agent Orange liability litigation. (6-1-94)
35. Civil Liberties Act of 1988 Restitution payments to persons of Japanese ancestry who were evacuated, relocated and interned during World War II as a result of government action. These payments are also excluded when paid to the statutory heirs of deceased internees. (6-1-94)
36. Negative Utility Payment Negative utility payments from HUD and FmHA. (8-1-94)
37. Energy Assistance Payments from Federal energy assistance, including insulation and weatherization payments. (7-1-98)
38. SSI Payments Under Zebley v. Sullivan Ruling Retroactive lump sum SSI payments, for childhood disability, paid as a result of the Zebley v. Sullivan ruling. The payments are excluded resources for six (6) months from receipt. (6-1-94)
39. Vista Payments Payments under Title I, VISTA, University Year for Action and Urban Crime Prevention Program to volunteers who were receiving Food Stamps or public assistance when they joined the program. Payments to volunteers who were getting an income exclusion for a VISTA or other Title I allowance before the Food Stamp Act of 1977. Temporary breaks in participation do not alter the exclusion. (6-1-94)
40. Crime Act of 1984 As Amended by P.L. 103-322 Payments from a crime victim compensation program. (7-1-99)

NOTE: Per Public Law 104-204 and 106-419, benefits paid by the Veterans Administration to the children of Vietnam veterans born with congenital spina bifida and certain other birth defects are excludable as income for food stamp purposes. [1/1/06]

NOTE: In the previous table, 03.04406 INCOME EXCLUDED BY FEDERAL LAW, Subsection 07 "P.L. 94-114 The sub-marginal lands held in trust by the U.S. for certain Indian tribal members" includes the Shoshone-Bannock tribe in Idaho.

NOTE: Domestic Volunteer Services include--

Title I

VISTA

University Year for Action

Urban Crime Prevention Program

Title II

Retired Senior Volunteer Program (RSVP)

Foster Grandparents Program

Senior Companion Program

 Senior Community Service Employment Programs include:

Green Thumb

National Council in Aging

National Council of Senior Citizens
    
American Association of Retired Persons

U.S. Forest Service

National Association for Spanish Speaking Elderly

National Urban League

National Council on Black Aging

National and Community Services Include:

AmeriCorps*USA for participants 17 years of age or older,

AmeriCorps*VISTA for participants 18 years of age or older,

AmeriCorps*NCCC for participants 16 to 24 years of age.

AmeriCorps students perform a year or two of national service. During the school year,      AmeriCorps students get a living allowance (stipend), health insurance and a child care allowance. At the end of the school year they get an education award of $4,725 per year. The educational award is to:

         *   Repay student loans.

         *   Pay all or part of the attendance costs at an institute of higher education.

         *   Pay expenses incurred by participating in an approved school- to-work program.

         *   Pay interest expenses on student loans.

Senior Corps

Senior Corps participants do volunteer work through Foster Grandparents, RSVP and similar programs for older Americans. Senior Corps participants get a living allowance (stipend) to reimburse them for out-of-pocket expenses. They may get health insurance.

03.04407

INCOME AND ELIGIBILITY VERIFICATION SYSTEM (IEVS). Income must be verified with the IEVS system for all households applying for or getting Food Stamps. Income must be verified for disqualified members with income counted toward the household Food Stamp benefits. (06-01-94)

03.04408

IEVS INFORMATION SOURCES. IEVS data sources are listed in Table 03.04408. (06-01-94)

TABLE 03.04408 IEVS INFORMATION SOURCE

 

IEVS SOURCE

DESCRIPTION

01. Department of Labor (DOL) Wage data collected and maintained by the Department of Labor (DOL)or its counterpart agency in another State is a source for IEVS data. (7-1-98)
02. Unemployment Insurance Benefit (UIB) Unemployment Insurance Benefit (UIB) data maintained by the DOL or its counterpart agency in another State is a source of IEVS data. (7-1-98)
03. Beneficiary Earnings Exchange Record (BEER) Net earnings data from self-employment and wages accessed through the Beneficiary Earnings Exchange Record (BEER) is a source of IEVS data. (6-1-94)
04. Benefit Data Exchange (BENDEX) Retirement income payment data maintained by the Social Security Administration (SSA) and accessed through the Benefit Data Exchange (BENDEX) is a source of IEVS data. (6-1-94)
05. State Data Exchange (SDX) Benefit data from SSA under Titles II and XVI of the Social Security Act, accessed through the State Data Exchange (SDX), is a source of IEVS data. (6-1-94)
06. Internal Revenue Service (IRS) Unearned income data from Internal Revenue Service (IRS) files is a source of IEVS data. (6-1-94)
07. Numident Social Security Numbers (SSN) verified from SSA files through Numident are a source of IEVS data. (6-1-94)
08. Idaho Assistance Programs State run TAFI, AABD, and Medicaid programs in Idaho are a source of IEVS data. (7-1-98)
09. Systematic Alien Verification for Entitlements (SAVE) Immigration data accessed through INS Systematic Alien Verification for Entitlements (SAVE) is a source of IEVS data. (6-1-94)

03.04409

USE OF IEVS INFORMATION FOR APPLICANT HOUSEHOLDS. IEVS data must be used to compute eligibility and benefits if IEVS data is received before the application is processed. IEVS data on applicant households must be used as soon as possible, even if the applicant household was approved before the IEVS data was received. Action on applications must not be delayed pending receipt of IEVS data. If IEVS data requiring further proof is received, before application approval, the proof must be obtained and resolved before approving the application. If an applicant household cannot provide an SSN at application, IEVS data must be used as soon as possible after the SSN is known. IEVS data must be used for all household members, eligible, excluded or disqualified. (06-01-94)

03.04410

USE OF IEVS INFORMATION FOR RECIPIENT HOUSEHOLDS. Action on IEVS must be taken so that the case action is completed within forty-five (45) days of receipt of the IEVS data. The forty-five (45) day limit may be exceeded only if case action cannot be completed because data requested from collateral sources is not received. Case actions are listed in Table 03.04410. (06-01-94)

TABLE 03.04410 CASE ACTIONS FOR RECIPIENT HOUSEHOLD WHEN IEVS DATA RECEIVED

 

ACTION

DESCRIPTION

01. Review and Compare Data Review the IEVS data and compare it to case file data.
02. Resolve Difference For all new or unverified data, make contacts with households or collateral sources to resolve differences. Send the household a ten (10) day notice of adverse action.
03. Document Case Action Document the case action taken based on IEVS. If no action was taken, document the reason.

(06-01-94)

03.04411

VERIFIED IEVS DATA. The IEVS data listed in Table 03.04411 is considered verified upon receipt, unless it is questionable. (06-01-94)

TABLE 03.04411 VERIFIED IEVS DATA

 

DATA

DESCRIPTION

01. Benefit Data Exchange (BENDEX) BENDEX Social Security retirement and disability income data. (6-1-94)
02. State Data Exchange (SDX) Benefit and eligibility data from SSA under Titles II and XVI of the Social Security Act accessed through the State Data Exchange (SDX). (6-1-94)
03. Unemployment Insurance Benefits (UIB) Unemployment Insurance Benefit (UIB) data maintained by the DOL or its counterpart agency. (7-1-98)
04. TAFI Temporary Assistance for Families in Idaho. (7-1-98)
05. AABD Aid to the Aged, Blind, or Disabled. 6-1-94)
06. Medicaid The Federally-aided program for medical care (Title XIX, Social Security Act). (6-1-94)

03.04412

UNVERIFIED IEVS DATA. The IEVS data listed in Table 03.04412 is considered unverified. (06-01-94)

TABLE 03.04412 UNVERIFIED IEVS DATA

 

DATA

DESCRIPTION

01. IRS Reported Unearned Income Unearned income data from IRS, including any unreported assets producing income. (6-1-94)
02. Wages
  • Wage file data.
  • Wage data from DOL or its counterpart in another state.
  • Wage data from BEER. (7-1-98)
03. Self-Employment Earnings Self-employment earnings data from BEER. (6-1-94)
04. Questionable Information Income information the Department feels is doubtful. (6-1-94)

NOTE:

No further proof is needed when:

     *  IEVS records do not show employment within the last 12 months.

     *  No conflicting facts arise during collateral contacts.

     *  The IEVS data may show employment within the past 12 months. The Examiner must check with the participant and past employers.

     *  Employment Proof Includes:

     *  Past employer's records.

     *  State/local income tax records.

     *  State unemployment records.

     *  Bank loan information.

03.04413 -- 03.04414  RESERVED

03.04415

EDUCATIONAL INCOME. Educational income includes deferred repayment educational loans, grants, scholarships, fellowships, and veterans' educational benefits. The school attended must be a recognized institution of post secondary education, a school for the handicapped, a vocational education program, or a program providing completion of a secondary school diploma, or equivalent. Title IV and BIA educational income is excluded. Expenses may be deducted from educational income not excluded. Proof of expenses must be provided. Educational income is computed using steps in Table 03.04415. (06-01-94)

TABLE 03.04415 COMPUTING EDUCATIONAL INCOME

 

STEP

PROCEDURE

01. Step 1. Determine available income received for education. Exclude Title IV and BIA educational income.
02. Step 2. Deduct the amount for origination fees and insurance premiums from any educational loans.
03. Step 3. Deduct the largest amounts used for or earmarked as an allowance. The allowance is determined by the school, institution, or program. Do not deduct an allowance for living expenses. Deductible allowances are:

Tuition allowance.

Mandatory fees allowance. This includes rental or purchase of equipment, materials, and supplies related to the course of study.

Books, supplies, and transportation allowance.

04. Step 4. Deduct personal expenses incidental to attending the school, institution, or program. The expenses are determined by the school. Do not deduct living expenses.
05. Step 5. Deduct a child care allowance as determined by the school, institution, or program.
06. Step 6. The remaining income is counted in the Food Stamp budget by prorating it over the period of intended use.

(06-01-94)

NOTE: Do not deduct educational expenses from educational income when expenses are paid by another source.

EXAMPLE: Sam is a student receiving a scholarship. WIA paid his tuition. Sam is not allowed a tuition deduction from his scholarship because the tuition was paid by WIA. [1/1/06]

NOTE: If a participant was a student who had countable educational income prorated over an intended period then dropped out of school prior to the intended period, continue to count the prorated educational income until the end of the period.

TITLE IV EDUCATIONAL ASSISTANCE

NOTE:

Educational assistance authorized under Title IV includes the following:


     *  Basic Educational Opportunity Grants (BEOG or PELL Grants)

     *  Supplemental Educational Opportunity Grants (SEOG)

     *  State Student Incentives Grants (SSIG)

Federal Family Education Loan Program (Formerly GSL):

     *  Federal Direct Supplemental Loan Program for students

     *  Federal Direct Plus Program for parents

     *  Federal Direct Stafford Loan Program

 Federal Consolidated Loan Program

     * 
Direct Loans to students in institutions of higher education(Perkins Loans, formerly NDSL)

     *  Presidential Access Scholarships (Super PELL Grants)

     *  Work Study Money and Title IV Education Assistance

     *  Trio Grants (for students from disadvantaged backgrounds):

            *  Upward Bound

            *  Student Support Services

            *  Robert E. McNair Post-Baccalaureate Achievement

     *  Robert C. Byrd Honors Scholarship Program

     *  College Assistance Migrant Program (CAMP)

     *  High School Equivalency Program (HEP)

     *  National Early Intervention Scholarship and Partnership Program

CARL D. PERKINS EDUCATIONAL INCOME

NOTE: Carl D. Perkins income is not Title IV educational assistance. Amounts available for tuition and fees and, for students attending an institution at least half time, books, supplies, transportation, dependent care, and miscellaneous personal expenses (other than room and board), are excluded from income.

Carl D. Perkins educational income includes:

     *  Indian Vocational Education Program

     *  Native Hawaiian Vocational Education Program

     *  State Vocational and Applied Technology Education Program which contains the:

              *  State Program and State Leadership Activities

              *  Program for Single Parents, Displaced Homemakers, and Single Pregnant Women

              *  Sex Equity Program

              *  Programs for Criminal Offenders

        *  Secondary School Vocational Education Program

        *  Postsecondary and Adult Vocational Education Program

        *  State assistance for Vocational Education Support

        *  Programs by Community-Based Organizations

        *  Consumer and Homemaking Education Program

        *  Comprehensive Career Guidance and Counseling Program

        *  Business-Labor-Education Partnership for Training Program

        *  National Tech-Prep Education Program

        *  State-administered Tech-Prep Education Program

       *  Supplementary State Grants for Facilities and Equipment and Other Program Improvement Activities

       *  Community Education Employment Centers Program

       *  Vocational Education Lighthouse Schools Program

       *  Tribally Controlled Postsecondary Vocational Institutions Program

        *  Vocational Education Research Program

        *  National Network for Curriculum Coordination in Vocational and Technical Education

        *  National Center or Centers for Research in Vocational Education

        *  Materials Development in Telecommunications Program

        *  Demonstration Centers for the Training of Dislocated Workers Program

        *  Vocational Education Training and Study Grants Program

        *  Vocational Education Leadership Development Awards Program

        *  Vocational Educator Training Fellowships Program

        *  Internships for Gifted and Talented Vocational Education Students Program

        *  Business and Education Standards Program

        *  Blue Ribbon Vocational Education Program

        *  Educational Programs for Federal Correctional Institutions

        *  Vocational Education Dropout Prevention Program

        *  Model Programs of Regional Training for Skilled Trades

        *  Demonstration Projects for the Integration of Vocational and Academic Learning Program

        *  Cooperative Demonstration Programs

        *  Bilingual Vocational Training Program

        *  Bilingual Vocational Instructor Training Program

        *  Bilingual Materials, Methods and Techniques Program


THE FOLLOWING IS HANDBOOK MATERIAL

DOCUMENTATION STANDARDS AND PROOF FOR: INCOME
All income and expenses must be verified. Income and expenses must be narrated and entered on the INSU/EXSU screens of EPICS. Social Security does not need to be documented monthly.
DOCUMENTATION STANDARDS PROOF
For All Types of Income
  • Type (EPICS income codes)
  • Who receives (beneficiary and/or payee).
  • Source
  • Name
  • Address/location or telephone number initially (consider ability to recontact).
  • Date of check/pay period ending.
  • Date received.
  • Date available (if different from date received).
  • Gross amount (itemized).
  • Frequency.
  • Calculations used.

For new source:

  • Date first payment received.
  • Lump sum.
  • Projection of income for prospective eligibility and budgeting.
Primary Evidence
  • Copy of check or stub
  • Work Verification Form (HW 0411)
  • Work Verification Migrant & Seasonal Farmworkers (HW 0572)
  • Earning statement of check stub
  • Employer's verbal or written statement
  • Verification of Wages Paid In Cash (HW 0515).

 

For Terminated Source of Income

-Type (EPICS income codes).

-Who received (beneficiary and/or payee).

-Source

-Name

-Address/location or telephone number initially (consider ability to recontact).

-For terminated source:

-Date last payment received.

-Reason for termination and how verified.

-Expected duration of layoff.

For Terminated Source

-Termination of Employment form (HW 0516).

- Documented phone call to employer.

For Earned Income

-Hours worked per month

-Hire date (for new source)

-Termination date (for terminated employees)

-EIC if applicable

-Tips, commissions, advances, draws

-Wage file reconciliation and narration

-Special circumstances (such as temporary jobs, training position, WIA).

Primary Evidence

-Copy of check or stub

-Work Verification Form (HW 0411)

-Work Verification Migrant & Seasonal Farmworkers (HW 0572)

-Earning statement of check stub

-Employer's verbal or written statement

-Verification of Wages Paid in Cash (HW 0515)

 

For Terminated source

-Termination of Employment form (HW 0516).

-Document phone call to employer.

For All Types of Income

-Type (EPICS income codes)

-Who receives (beneficiary and/or payee)

-Source

-Date of check

-Date received

-Gross amount

-Frequency

-For new source:

-Date first payment received

-Lump sum.

-For terminated source:

-Date last check received.

Primary Evidence

-Copy of check or stub

-Award letters

-Court payment records

-IEVS inquiries/matches/printouts

-Receipts

-Renter's statement or rental agreement (if A/R is a landlord).

Secondary Evidence

-Welfare office

-AF/SS case records.

For Unemployment Insurance Benefits (UIB)

-Remaining balance of claim

-Entitlement amount & amount received.

Primary Evidence for UIB

- DOE on-line interface

- DOE printouts

- DOE contact.

Worker's Compensation

-Estimated length of disability

-Entitlement

-Amount received (if different).

Primary Evidence for Worker's Compensation

- Claims adjustor

Secondary Evidence

- Legal correspondence

-Correspondence from insurance company

- Attorney.

RSDI

-Type (EPICS income codes)

-Who receives (beneficiary and/or payee).

-Source.

-Date of check.

-Date received.

-Gross amount.

-Frequency.

-Claim number/suffix (EDUC.).

-Entitlement amount and amount received (if different).

-Disability related (if applicable).

-Recoupment - if applicable.

-New and terminated source.

Primary Evidence

-WTPY

-Form SSA 2458

-BENDEX/SDX printouts

-SSA-1610

- IEVS printout

- Award letters.

Money Gifts and Contributions
  • Type (EPICS income codes)
  • Who receives
  • Source
  • Date of check
  • Date received
  • Gross amount
  • Frequency
  • Will contribution continue to be received.
  • Countable nature.
  • Purpose of loan.
Primary Evidence
  • Payor statement
  • Third party, if vendor payment
  • Copy of check.
In-Kind Income

-Type (EPICS income codes)

-Who receives

-Source

-Date of check

-Date received

-Gross amount

-Frequency

-Benefit received (what received/countable nature).

-Period of time in-kind payment to cover.

Primary Evidence

- Payor statement

- Copy of check

Educational Grants/Loans/Scholarships
  • Type (EPICS income codes)
  • Who receives (beneficiary and/or payee).
  • Source
  • Date of check
  • Date received
  • Gross amount (SS overpayments)
  • Frequency
  • For new source:
  • Date first payment received
  • Lump sum.
  • For terminated source:
  • Date last check received.
  • Period covered
  • Allowable deductions
  • Name of school
  • Countable nature (AF)
  • Calculation showing net countable income.
Primary Evidence
  • Verification of Student Financial Aid Award form (HW 0553).
  • School/Financial Aid Office statement.
  • Institutions.
  • Government loans.

Secondary Evidence

  • Organizations, clubs.

03.04416 -- 03.04425  RESERVED

03.04426

SELF-EMPLOYMENT INCOME. Net self-employment income is computed by subtracting allowable business expenses from self-employment earnings. Actual, not rounded, figures are used. (06-01-94)

DEFINITION OF SELF-EMPLOYMENT

Self-employment is the process of actively earning income directly from one=s own business, trade, or profession. Persons are considered self-employed if they:

     *  Are responsible for obtaining or providing a service or product.

     *  Earn income directly from their own business

     *  Are not required to have federal income tax and FICA payments withheld from their earnings.

     *  Are not required to complete an IRS W-4 form for an employer.

     *  Are not covered by workers' compensation.

Examples of self-employed individuals are grocers, storekeepers, crafts persons, fishermen, farmers, trappers, subcontractors, day-care providers, cosmetic sales representatives, persons providing and charging room and board, and persons that own and actively manage rental property.

NOTE:  Ownership of rental property is considered a self employment enterprise.  All self employment expenses attributed to owning the property are allowable costs of doing business.  Any balance, after subtracting any allowable expenses from monthly rental income, is considered the net profit of a self employment enterprise as long as monthly rental income is consistent with fair market rent for the location.

However, the net self employment income derived from the rental property is coded earned income only if a member of the household is actively engaged in the management of the property an average of 20 hours per week.  Otherwise, code the income as self employment unearned income.

NOTE: Partnerships and Corporations

Partnerships, Limited Liability Corporations (LLCs), and S Corporations are regarded under the law as artificial persons with income and debts independent of their members or shareholders.  Use appropriate legal or tax records to verify the type of business structure. 

With these types of businesses, expenses are taken out prior to disbursing profits.  Because of this, income from these businesses is not treated under typical self employment rules, and expenses are not allowed. 

In LLCs and S-Corps, be aware that officers often receive a separate disbursement of income for that status, in addition to their income for being a member or shareholder.  Disbursed income is treated as earned income.

If the disbursements come out less often than monthly, then average them over the period of time they are intended to cover.

If the participant has not taken any legal steps to turn their business into a Partnership, LLC, S Corp, assume it is a sole proprietorship and that normal self employment rules apply.  If it is not clear from the legal paperwork provided which type of business structure is involved, utilize your local DAG to assist in the identification of the business structure.

NOTE:

Ask households if they have any self-employment income. Self-employment income may be received in a lump sum, fluctuating, seasonally, or in the form of regular payments.

When the household has self-employment income, verify the income with the following documents:

     *  Recent tax returns or business records.

     *  Receipts for business income and expenses.

     *  Household's statement about estimated earnings.

EXAMPLE 1:

Ted babysits in his own home. He babysits the children of Patty. Ted provides lunches and snacks for the children. Ted, not Patty, must withhold taxes and make quarterly tax payments. Ted's babysitting income is from self-employment.

EXAMPLE 2:

Jane babysits a neighbor's child in the neighbor's home. The neighbor is withholding Social Security and income taxes and is considered an employer. Jane's income is from an employer and not from self-employment.

03.04427

WHEN SELF-EMPLOYMENT INCOME MUST BE AVERAGED OVER TWELVE (12) MONTHS. Self-employment income, even if received within a short period, must be averaged over a twelve (12) month period if it is the household's annual support. The self-employment income, if it is considered annual support by the household, must be averaged over a twelve (12) month period, even if the household gets income from other sources in addition to self-employment. Self-employment income received on a monthly basis, which is a household's annual support, is averaged over a 12-month period. (06-01-94)

EXAMPLE:

Jake is a farmer and receives his income after he sells his crops. He usually receives two large payments yearly. Jake's income is averaged over 12 months.

03.04428

AVERAGING SEASONAL SELF-EMPLOYED INCOME. Seasonal self-employed households get income from self-employment during part of the year. Self-employment income intended to meet the household's needs for only part of the year must be averaged over the period of time the income is intended to cover. (06-01-94)

EXAMPLE 1:

Hank applies for FS in July.  He sells refreshments at flea markets during June, July and August. He usually makes $900 self-employment income for the season. His projected self-employment income is $300 for each of the three months.  Hank's wife, Myna works year round as a secretary for a local company.  This is a Simplified Reporting household.  Because Hank's income is not used to support the household's needs for the entire year, count $300 for the application month (July) and $300 for the month after the month the application is processed (August).  Because at application, Hank reported and verified his seasonal income will end in August, end the income as of August 31st.

EXAMPLE 2:

Chuck is a fur trapper. He traps from October through March. Chuck sells his furs in April. He has no other income. Chuck indicates that his fur trapping income only lasts from April through October. Because Chuck has no other income, his income is covering the household's expenses for the year.  Chuck's income is averaged over the period of time the income is intended to cover, 12 months.

NOTE:  For applications, determine whether the household will receive income from the seasonal self-employment during the application month, the month the application is processed, or the month after the application is processed.  For recertifications, determine whether the household will receive income from the seasonal self employment in the first month of the new certification period.  If the household will receive income from self employment in one of these months, average the total amount received during the period of seasonal employment and count that amount for the month the income will be received.

EXAMPLE:

Billy has a beet truck and hauls beets for farmers in the fall.  Billy works as a mechanic at the Ford dealership all year.  Billy's wages as a mechanic are used to compute his Food Stamp benefits.  Billy receives income from beet hauling in September, October, and November in the amount of $1500.  The current certification period ends 9/30.  To determine the amount of income to anticipate for October (the first month of the new certification period) divide the total income expected during the season ($1500) by the number of months in the season (three - September, October, and November) = $500.  Count $500 for October.

Because Billy has reported and verified at recertification that his income will end 11/30, end the $500 beet hauling income as of 11/30 because it will cause the household's FS to increase in December.  The household does not have to report the loss of this income again.

EXAMPLE 3:

Billy has a beet truck and hauls beets for farmers in the fall. Billy works as a mechanic at the Ford dealer all year. Billy's beet hauling income is averaged over the fall months he is self-employed. His wages as a mechanic are used to compute his Food Stamp benefits throughout the certification period.

03.04429

WHEN SELF-EMPLOYMENT INCOME MUST BE PROJECTED. If the household has a large increase or decrease in self-employment income, the self-employment income must not be averaged using past income. The Department must project self-employment income for the coming year using Table 03.04429. Add the net self-employment income to any other earned income received by the household. (06-01-94)

TABLE 03.04429 PROJECTING SELF-EMPLOYMENT INCOME

 

STEP

DESCRIPTION

01. Step 1.

Self-Employed Less Than One Year

 

Self-Employed For A Short Time

If a self-employment enterprise has been in existence for less than a year, the income is averaged over the period the business has been in operation. If no income fluctuations are expected, the average monthly amount is projected for the coming year.

If the business has been in operation for less than a year and there is not enough information to make a projection, the household may be certified for less than a year. When the business has been in operation long enough to establish an average income, a new projection may be made.

02. Step 2.

Costs

Subtract the cost of producing the self-employment income. The cost of producing the self-employment income is calculated by projecting the monthly costs of producing the self-employment income.
03. Step 3.

Capital Gains

Capital gains are the increase in value of an asset between the time it is bought and the time it is sold. Add capital gains the household predicts it will get in the next twelve (12) months from self-employment assets.

Start projecting capital gains the date the application is filed.

Divide the yearly total projected capital gains by twelve (12). The monthly amount is used during the next twelve (12) months.

A new average monthly amount must be calculated for this twelve (12) month period if the capital gains changes.

04. Step 4.

Add Capital Gains

Add the projected monthly capital gains to the projected self-employment income.

(06-01-94)

03.04430

COMPUTING SELF-EMPLOYMENT INCOME. Procedures and rules for computing self-employment income are listed in Subsections 03.04430.01 through 430.04.  Self-employment income of households owning and operating a commercial boarding house is computed using Subsections 03.04430.01 through 430.04. Add the net self-employment income to any other earned income received by the household. (06-01-94)

TABLE 03.04430 COMPUTING SELF-EMPLOYMENT INCOME

STEP

DESCRIPTION

01. Step 1.

Add Self-Employment Income

For the self-employment income period, add all gross self-employment income. (6-1-94)
02. Step 2.

Add Self-Employment Capital Gains

Capital gains are the increase in value of an asset between the time it is bought and the time it is sold. Capital gains include profit from the sale or transfer of capital assets used in self-employment.  Calculate capital gains using the Federal income tax method.  Count the full amount of the capital gains as income for Food Stamps.  (3-15-02)
03. Step 3.

Subtract Costs

Subtract the cost of producing the self-employment income. The household must have proof of costs. Allowable costs of producing self-employment income include, but are not limited to: (6-1-94)

a. The cost of labor paid to non-household members.  (6-1-94)

b. The cost of stock. (6-1-94)

c. The cost of raw material.  (3-15-02)

d. The cost for rent and utilities, advertising, shipping and legal fees. (6-1-94)

e. The cost of seed and fertilizer. (6-1-94)

f. Interest paid to purchase income-producing property, including real estate. (6-1-94)

g. Insurance premiums. (6-1-94)

h. Taxes paid on income-producing property. (6-1-94)

i. Transportation, when a vehicle is an integral part of business activity. (6-1-94)

j. Payments on the principal of the purchase price of income-producing real estate and capital assets, equipment, machinery, and other durable goods. (3-15-02)

NOTE: Expenses directly related to producing the goods or services, and without which, the goods or services could not be produced.  [1/1/06]

NOTE: A deduction can be allowed for meals and entertainment expenses, when those costs are a reasonable part of doing the self-employment business. If the household has been in business long enough to have tax returns, allow whatever the IRS allows of these expenses (50% - expense column, line 24d). If the household does not have a tax return yet, go ahead and allow the full business expense of what they’re claiming. Be sure to narrate. [1/1/06]

04. Costs Not Allowed The following items are not allowed as costs of doing business: (6-1-94)

a. Net losses from previous periods. (6-1-94)

b. Federal, State, and local income taxes.  (6-1-94)

c. Money set aside for retirement. (6-1-94)

d. Work-related personal expenses such as transportation to and from work. (6-1-94)

e. Depreciation. (6-1-94)

f. Any costs exceeding the payment a household gets from a boarder for lodging and meals (3-15-02).

NOTE: Unless specifically excluded here, allow the business expense. [1/1/06]

05. Step 4.

Average Income

Divide the self-employment income by the number of months the income will be averaged. (6-1-94)

(08-01-2001)

NOTE: Count the full amount of the self-employment capital gain as income for Food Stamps. The full amount is counted, even if only a percentage of the money is taxed for Federal income tax purposes. Capital gains will be annualized along with the other self employment income.

EXAMPLE:
Mom and Pop Bailey opened Mom and Pop's Doughnut Shop 25 years ago. At that time they purchased a doughnut making machine for $500. They just replaced the machine after selling their old doughnut making machine for $1200 to the Smithsonian for its pastry shop display. The Bailey's capital gain is $700. Add $700 to the Bailey's self-employment income before annualizing.

NOTE: When a vehicle is an integral part of a business activity subtract the cost for the standard mileage rate, as defined by the IRS.  As of January 1, 2006, the current standard mileage rate is 45 cents per mile.  Allow only costs incurred while conducting business.  Do not allow vehicle costs for personal use. (5-1-06)

NOTE: Key Point - Housing and utility costs are allowable as self-employment expenses, if they are specific to the business and are separate and identifiable expenses.  Participants who use part of their home to conduct their self-employment business are allowed to deduct part of the shelter costs and utilities as self employment expenses. 

Using a Tax Return – If there is a tax return; allow the amount the household has indicated on their tax return as shelter and utility costs associated with the self employment business. Also, allow the Food Stamp household’s verified shelter and utility expenses on HOEX/UTEX. 

Using Self-Employment Forms – If a household has not been in business long enough to file a tax return, allow the verified shelter and utility costs on HOEX and UTEX, but do not allow housing expenses as self employment expenses.  Only allow utility expenses that are separate and identifiable as a cost of doing business (self employment expenses). 

If expenses are specific and identifiable billed separately, such as a cell phone used solely for the business, allow the cost as a self-employment deduction. They cannot get the double deduction for one phone. If for example they have a separate business phone, allow the business phone bill as an expense. Allow the utility allowances for the Food Stamp household for their home phone on UTEX.  [1/1/06]

NOTE: The interest from that portion of charge card payments incurred to cover the cost of materials is an allowable cost of doing business.

03.04431

COMPUTING NON-COMMERCIAL BOARDER INCOME. Income received from boarders, by a household not owning and operating a commercial boarding house, is computed using Table 03.04431. Add the net self-employment income from the boarder to any other earned income received by the household. (06-01-94)

TABLE 03.04431 COMPUTING SELF-EMPLOYMENT INCOME RECEIVED FROM BOARDERS BY A HOUSEHOLD NOT OWNING AND OPERATING A COMMERCIAL BOARDING HOUSE

 

STEP

DESCRIPTION

01. Step 1.

Add Income

Add income from the boarder.
  • Income from boarders includes all direct payments to the household for room and meals.
  • Income includes contributions to the household's shelter expenses if paid directly to the household.
  • Shelter expenses paid directly by boarders to someone outside the household are not income to the household.
02. Step 2.

Subtract Costs

Subtract cost of doing business.

Cost is computed by:

  • Using the amount of the thrifty food plan for a household size equal to the number of boarders.
  • If the actual cost exceeds the thrifty food plan, count the actual documented cost of providing room and meals. If actual costs are used, only separate and identifiable costs of providing room and meals to boarders are counted.
  • If the cost of doing business exceeds the payment the household receives from the boarder for lodging and meals, the negative balance must not be applied to other income.
03. Step 3.

Use Remaining Income

The remaining income is used in computing Food Stamp benefits.

(06-01-94)

NOTE:

Shelter costs paid directly by a boarder to someone outside the household are not counted as income to the household. However, when computing the Food Stamp household's shelter deduction, do not include shelter costs paid directly by the boarder to a third party, such as the gas or electric company.

EXAMPLE:

A boarder is charged $100 per month and must pay the household's electric heat bill each month. The boarder pays the electric company directly. $100 per month is income from the boarder. The Food Stamp household is not allowed a heat cost when their shelter deduction is computed.

03.04432

AVERAGING FARM SELF-EMPLOYMENT INCOME. To be a self-employed farmer, the farmer must get or expect to get annual gross income of one thousand dollars ($1000) or more from farming. Self-employed farmers will have their income and income-producing expenses averaged over a twelve (12) month period. This average monthly income is used to compute the amount of the Food Stamp benefits. If the average income does not reflect actual income due to a large increase or decrease in business, the farm self-employment income must be calculated based on expected earnings. For a cash crop farmer, use the gross amount from the most recent crop sale. (06-01-94)

NOTE:

Average self-employment income received by farmers over a 12-month period if the income is used to support the farmer on an annual basis.

EXAMPLE 1:

A farmer's total yearly income is $12,000. He gets the income over a four month period. The $12,000 is the household's total yearly income. The average monthly income from self-employment is $1,000.

EXAMPLE 2:

A farmer's tax return for last year showed a total income of $10,000 before expenses. The farmer recently leased a neighboring property which he expects to increase his harvest by 10%. Do not average last year's income. Estimate the farmer's income before expenses by adding $10,000 plus 10% equaling $11,000. Subtract expenses before averaging this amount.

03.04433

OFFSETTING FARM SELF-EMPLOYMENT LOSSES. If a farmer's cost of producing self-employment income results in a loss, the loss must be subtracted from other countable income in the household. First, subtract the loss from non-farm self-employment income. If any loss remains, subtract the remaining loss from the total of earned income. If any loss remains, subtract the remaining loss from the total of unearned income. Net losses from the self-employment income of a farmer are prorated over the year. (06-01-94)

03.04434

TERMINATION OF FARM SELF-EMPLOYMENT INCOME. Where a farmer stops a farming operation during a certification period, remove the annualized income, expenses and loss for the remaining months in the certification period. (06-01-94)


THE FOLLOWING IS HANDBOOK MATERIAL

DOCUMENTATION STANDARDS AND PROOF FOR: SELF-EMPLOYMENT INCOME
DOCUMENTATION STANDARDS PROOF
For Self-Employment
  • Kind of business
  • Allowable expenses
  • Period used for projection
  • Earnings history
  • Basis for allowing/disallowing expenses.
Primary Evidence
  • Most recent IRS Form 1040
  • IRS Schedule C
  • Business receipts/records/
  • ledgers.
  • Self-Employed Supplement Report (HW 0505).

 

03.04435 -- 03.04499  RESERVED

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