Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.70 - LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Subchapter 37.70.4 - Coverage and Conditions of Eligibility › Rule 37.70.407 - EXCLUDED INCOME

Current through Register Vol. 13, July 5, 2024
(1) The following
				types of unearned income are excluded or deducted when calculating income for
				LIHEAP eligibility:
(a) complementary
				assistance from other agencies and organizations which consists of goods and
				services not included in or duplicated by the low income home energy assistance
				benefit award;
(b) home produce
				utilized for household consumption;
(c) undergraduate student loans and grants
				for educational purposes made or insured under any program administered by the
				Commissioner of Education;
(d)
				extension of Old-Age, Survivors, and Disability Insurance (OASDI) benefits for
				18 to 22 year olds who are full-time students;
(e) the value of the SNAP
				allotment;
(f) the value of U.S.
				Department of Agriculture donated foods;
(g) any benefits received under Title III of
				the Nutrition Program for the Elderly of the Older Americans Act of 1965 as
				amended;
(h) the value of
				supplemental food assistance received under the Child Nutrition Act of 1966,
				and the Special Food Services Program for Children under the National School
				Lunch Act (P.L.
				92-433 and
				P.L.
				93-150);
(i) all monies awarded to Indian tribes by
				the Indian Claims Commission or Court of Claims as authorized by
				P.L.
				92-254, 93-134, 94-540, 95-433, 97-408, or other
				applicable awards as provided in public law;
(j) payments received under Title II of the
				Uniform Relocation Assistance and Real Property Acquisition Policies Act of
				1970;
(k) the tax exempt portions
				of payments made pursuant to
				P.L.
				92-203, the Alaska Native Claims Settlement Act;
(l) all payments under Title I of
				the Elementary and Secondary Education Act;
(m) all earnings, work incentive allowances,
				reimbursement of training related expenses, and other allowances and payments
				made to a participant in any program under the Workforce Investment Act of
				1998;
(n) payment for supportive
				services or reimbursement of out-of-pocket expenses made to individual
				volunteers serving as senior health aides, or senior companions, and to persons
				serving in service corps of the retired executives and active corps of
				executives, and any other program under Titles II and III of
				P.L.
				93-113;
(o) payments to individual volunteers under
				Title I (VISTA) of P.L.
				93-113, pursuant to section 404(g) of that
				law;
(p) proceeds from sale of the
				family home;
(q) one-time insurance
				payments, compensation for injury, or payments from federal or state crime
				victim compensation programs;
(r)
				the entire amount of Veteran's Administration educational payments made to an
				applicant or recipient who is attending an institution of higher education,
				including amounts spent for expenses not directly related to the individual's
				school attendance;
(s) Veteran's
				Administration pension reimbursements for medical expenses;
(t) foster care payments received for a
				foster child or adult if the LIHEAP applicant has chosen to exclude the foster
				child or adult from the household; such payments are not excluded if the
				applicant has chosen to include the foster adult or child as a member of the
				household. Additionally, any foster care payments received one full month
				immediately preceding the month of application for a foster child or adult who
				is no longer living in the household at the time of application shall be
				excluded;
(u) in-kind
				income;
(v) valid loans, except
				that the funds received from valid loans are considered as a resource until the
				funds are spent;
(w) gifts of up to
				$50 per month per household member. If the gift is in an amount equal to or
				greater than $50, however, the entire gift will be counted;.
(x) nonrecurring lump sum payments, such as
				federal and state income tax refunds, one-time insurance payments or worker's
				compensation payments, and retroactive SSI or SSDI payments, but only to the
				extent that the payment does not constitute income or benefits for one full
				month immediately preceding the month of application. The funds received from a
				nonrecurring lump sum payment are considered as a resource until the funds are
				spent;
(y) vendor payments, except
				the following types of vendor payments:
(i)
				payments which are legally owed or otherwise payable to the household but are
				diverted by the provider of the payment to a third party for an expense or debt
				of the household;
(ii) federal,
				state, or tribal benefits payable directly to the household but are diverted to
				a third party or protective payee for an expense or debt of the household;
				and
(iii) rent or mortgage payments
				made to the household's landlord or mortgagee.
(z) payments under
				Public Law
				101-426, Radiation Exposure Compensation Act, are
				excluded as income and as a resource to the household;
(aa) amounts paid to satisfy an incurment for
				the medically needy programs; and
(ab) proof of out-of-pocket health insurance
				premiums paid by a member of the household for a household member or members
				will reduce the income when supplied at the time of application or prior to
				application eligibility determination.