Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 676 - INCOME › Subchapter 11 - DISREGARDED INCOME AND INCOME EXEMPTIONS IN THE FOOD STAMP PROGRAM › Section 17-676-91 - Income excluded by law

Current through June, 2024
Any income that is specifically excluded by any other
					 federal statute from consideration as income for the purpose of determining
					 eligibility for the food stamp program shall be considered as an excluded
					 income. The following types of income shall be excluded by law:
(1) Reimbursements from the Uniform
				  Relocation Assistance and Real Property Acquisition Policy Act of 1970 (
				  42
				  U.S.C. §§4601 -
				  4655
				  );
(2) Payments received under the
				  Alaska Native Claims Settlement Act (
				  43
				  U.S.C. §1620 );
(3) Any payment to volunteers under Title II
				  of the Domestic Volunteer Service Act of 1973 (Retired Senior Volunteer
				  Program, Foster Grandparents Program, Older Americans Community Service
				  Programs, and others) (
				  42 U.S.C.
				  §§5001 -
				  5023
				  ) and under the Small Business Act (Service Corps of Retired Executives, and
				  Active Corps of Executives) (
				  15 U.S.C.
				  §637 );
(4) Payments to individuals participating in
				  the Senior Community Service Employment Program (SCSEP) funded under Title V of
				  the Older Americans Act of 1965 ( Pub. L. No. 100-175 );
(5) Payments to volunteers under Title I of
				  the Domestic Volunteer Services Act of 1973 (VISTA, University Year for Action,
				  and Urban Crime Prevention Program) shall be excluded for those individuals
				  receiving food stamps or financial assistance at the time the individuals
				  joined the Title I program (
				  42 U.S.C.
				  §§4951 -
				  4958
				  ). Households receiving an exclusion for VISTA or other Title I subsistence
				  allowance at the time of conversion to the Food Stamp Act of 1977 (
				  7 U.S.C.
				  §§2011 -
				  2027
				  ) shall continue to receive an income exclusion for VISTA for the length of the
				  households' volunteer contract in effect at the time of conversion. Temporary
				  interruptions in food stamp participation shall not alter the exclusion once an
				  initial determination is made. For example, if an individual who is receiving
				  food stamps subsequently joins VISTA and temporarily becomes ineligible for
				  assistance because the individual is away for VISTA training, when the
				  individual reapplies, the VISTA income shall be excluded because the VISTA
				  volunteer was receiving food stamps at the time the person joined VISTA. New
				  applicants who are not receiving financial assistance or food stamps at the
				  time they joined VISTA, shall have the subsistence allowance included as earned
				  income;
(6) Income derived from
				  certain submarginal land of the United States which is held in trust for
				  certain Indian tribes (
				  25
				  U.S.C. §459 );
(7) Payments received from the youth
				  incentive entitlement pilot projects ( 29 U.S.C. §§894 - 898 ), the
				  youth community conservation and improvement projects ( 29 U.S.C.
				  §§899 - 906 ), and the youth employment and training programs ( 29
				  U.S.C. §§907 - 915 ) under the Title IV of the Comprehensive
				  Employment and Training Act Amendments of 1978;
(8) Payments or allowances made for the
				  purpose of energy assistance under any federal law, including utility
				  reimbursements made by the Department of Housing and Urban Development (HUD)
				  and the Farmers Home Administration (FmHA);
(9) Income derived from the disposition of
				  funds to the Grand River Band of Ottawa Indians ( Pub. L. No. 94-540
				  );
(10) Payments by the Indian
				  Claims Commission to the Confederated Tribes and Bands of the Yakima Indian
				  Nation or the Apache Tribe of the Mescalero Reservation (
				  12
				  U.S.C. §2075 );
(11) Payments to the Passamaquoddy Tribe and
				  the Penobscott Nation or any of their members received pursuant to the Maine
				  Indian Claims Settlement Act of 1980 (
				  25
				  U.S.C. §1724 );
(12) Allowances and payments to participants
				  in programs, other than on-the-job training, under the Workforce Investment Act
				  (WIA) of 1998;
(13) Payments of
				  relocation assistance to members of the Navajo and Hopi ( 25 U.S.C. §
				  640d-640d-28 );
(14) The earned
				  income of individuals participating in on-the-job training programs under the
				  Workforce Investment Act (WIA) of 1998 who are between eighteen and nineteen
				  years of age and under the parental control of another household
				  member;
(15) Earned income tax
				  credit (EITC) payments received either as a lump sum or payments under section
				  3507 of the Internal Revenue Code of 1986 (relating to advance payment of
				  earned income tax credits received as part of the paycheck or as a reduction in
				  taxes that otherwise would have been paid at the end of the year);
(16) Payments made from the Agent Orange
				  Settlement Fund or any other fund established in connection with settling
				  liability claims concerning the chemical agent orange (
				  Pub. L. No.
				  101-201 );
(17) Child care assistance payments funded
				  under Title IV-A of the Social Security Act, such as the transitional child
				  care (TCC) payments made under the job opportunities and basic skills (JOBS)
				  training program;
(18) Assistance
				  payments issued as a result of a declared federal major disaster or emergency
				  from the federal emergency management agency (FEMA), and other comparable
				  disaster assistance payments provided by any state or local governmental
				  agency, and disaster assistance organizations;
(19) Restitution payments provided under the
				  Civil Liberties Act of 1988, Title I of Pub. L. No. 100-383, and the Aleutian
				  and Pribil of Islands Restitution Act, Title II of Pub. L. No. 100-383 made to
				  U. S. citizens of Japanese ancestry and permanent resident Japanese aliens or
				  their survivors and Aleut residents of the Pribilof Islands and the Aleutian
				  Islands West of Unimak Island;
(20)
				  "At-risk" block grant child care payments authorized under section 5801 of
				  Pub. L. No.
				  101-508, which amended section 401(i) of the
				  Social Security Act, and child care payments issued under the Child Care and
				  Development Block Grant Act of 1990 as amended in
				  section
				  8 of
				  Pub. L. No.
				  102-586;
(21) All public and privately funded
				  educational loans, grants, or scholarships, including veteran's educational
				  benefits;
(22) Income of an SSI
				  recipient necessary for the fulfillment of a plan for achieving self-support
				  (PASS) which has been approved under sections 1612(b) (4) (A) (iii) or
				  1612(b)(4)(B)(iv) of the Social Security Act. This income may be spent in
				  accordance with an approved PASS or deposited into a PASS savings account for
				  future use;
(23) Payments made to a
				  victim of a crime by the Criminal Injuries Compensation Commission (Section
				  1403 of the Victims of Crime Act of 1984, as amended by
				  Pub. L.
				  103-322 ); and
(24) Any additional payment received by or
				  from a member of the United States Armed Forces deployed to a designated combat
				  zone, provided the additional pay:
(A) Is the
				  result of deployment to or services in a combat zone; and
(B) Was not received immediately prior to
				  serving in a combat zone.