Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.4 - TANF Cash Assistance: Resources › Rule 37.78.416 - TANF: TANF CASH ASSISTANCE; EXCLUDED UNEARNED INCOME

Current through Register Vol. 13, July 5, 2024
(1) This rule governs excluded unearned
				income for purposes of TANF cash assistance.
(2) In testing gross monthly income and in
				determining grant amount, the following unearned income shall be excluded:
(a) gifts of money up to $50 per gift per
				month for each participant;
(b)
				energy assistance payments based on financial need;
(c) restitution made to individuals of
				Japanese ancestry who were interned during World War II as per the Civil
				Liberties Act of 1988;
(d)
				restitution made to Aleuts who were relocated during World War II as per the
				Civil Liberties Act of 1988;
(e)
				major disaster and emergency assistance as per the federal Disaster Relief and
				Emergency Assistance Amendments of 1988;
(f) the following income of enrolled tribal
				members:
(i) judgment claims
				payments;
(ii) judgments derived
				from submarginal lands;
(iii) per
				capita payments not to exceed $2,000 per individual per payment;
(iv) interest earned on excluded funds;
				and
(v) up to $2,000 per year of
				income derived from leases or other uses of individually owned trust or
				restricted lands.
(g)
				complementary assistance from other agencies or organizations which provides or
				pays for goods or services not intended to be covered by TANF cash assistance;
(i) The cash assistance grant is intended to
				provide assistance for food, household supplies, personal care items, clothing,
				and shelter, including heating costs.
(h) undergraduate grants, loans, or
				scholarships for purposes directly related to the individual's attendance at an
				institution of higher education or postsecondary training;
(i) veterans administration educational
				payments are totally excluded if the recipient of the payment is attending an
				institution of higher education or postsecondary training;
(j) the value of a food stamp allotment or
				food commodities donated by the U.S. Department of Agriculture;
(k) any benefits received under Title VII of
				the Nutrition Program for the Elderly of the Older Americans Act of 1965 as
				amended;
(l) the value of
				supplemental food assistance received under the Child Nutrition Act of 1966 and
				under the National School Lunch Act, P.L. 92-433 and 93-150;
(m) payments received under Title II of the
				Uniform Relocation Assistance and Real Property Acquisition Policies Act of
				1970;
(n) vendor payments or other
				financial assistance provided to the assistance unit by persons not included in
				the assistance unit where no income is contributed directly to members of the
				assistance unit;
(o) interest paid
				on escrow accounts established under the HUD Family Self-Sufficiency (FSS)
				program;
(p) payments made under
				the Maine Indian Claims Settlement Act of 1980;
(q) radiation exposure claims
				payments;
(r) payments received
				under the Alaska Native Claims Settlement Act, P.L. 92-203;
(s) payments received under the Volunteers in
				Service to America program (VISTA) pursuant to Title I of P.L. 93-113, section
				404 (g);
(t) reimbursement made to
				a member of the assistance unit, including repayment of monies spent;
(u) supportive services payments to or for an
				assistance unit who is participating in WoRC, or any other TANF cash employment
				and training program;
(v)
				supplemental security income (SSI) payments received by a person who lives with
				the assistance unit, except that any portion of the SSI payment which is
				directly contributed to the assistance unit is not excluded;
(w) HUD Section 8 utility payments,
				regardless of whether the payee is a member of the assistance unit or someone
				else is the payee;
(x) money
				received pursuant to a valid loan as defined in ARM
				37.78.103;
(y) emergency assistance payments provided
				under ARM 37.78.601 and
				37.78.602;
(z) interest earned on countable resources;
				and
(aa) payments received by Crow
				elders under the Crow Boundary Settlement Act of 1994,
				P.L.
				103-444.