Ohio Administrative Code › Title 5101:4 - Division of Food Stamps › Chapter 5101:4-4 - Resource Eligibility Standards › Section 5101:4-4-03.3 - Food assistance: resources excluded by law

Current through all regulations passed and filed through July 1, 2024
Resources are exempt 
								when excluded for 
								supplemental nutrition assistance
				program (SNAP) purposes by express provision of federal statute or court
				decision. Where an exclusion applies because of use of a resource by or for an
				assistance group member, the exclusion shall also apply when the resource is
				being used by or for an ineligible  or
				disqualified person whose resources are being counted as part of the assistance
				group's resources. The following is a listing of some of the resources excluded
				by federal statute. The listing is divided into general resource exclusions and
				exclusions applicable to resources of American Indians or Alaska
				Natives.
(A) What are the general
			 exclusions?
(1) Assistance provided to
			 children under the school lunch program, the summer food service program for
			 children, the commodity distribution program and child and adult care food
			 program, Pub. L. No. 79-396, (6/1946) section 12(e) of the National School
			 Lunch Act of 1946.
(2) Assistance
			 provided to children under the special milk program, special supplemental food
			 program for women, infants, and children (WIC) and the school breakfast
			 program, Pub. L. No. 89-642, (10/1966) of the Child Nutrition Act of 1966,
			 section 11(b).
(3) Reimbursements
			 from the Uniform Relocation Assistance and Real Property Acquisition Policy Act
			 of 1970, Pub. L. No. 91-646, (1/1971) section 216.
(4) Benefits received from the special
			 supplemental food program for women, infants and children (WIC), Pub. L. No.
			 92-433, (1/1972) section 9.
(5) Payments received under section 321(d),
			 the Disaster Relief Act of 1974, Pub. L. No. 93-288, (5/1974), as amended by
			 section 105(i), the Disaster Relief and Emergency Assistance Amendments of
			 1988,
			 Pub.
			 L. No. 110-246
									(6/2008).
			 Payments precipitated by an emergency or major disaster as defined in this act,
			 as amended, are not counted as a resource for SNAP purposes. This exclusion
			 applies to federal assistance provided to persons directly affected and to
			 comparable disaster assistance provided by states, local governments, and
			 disaster assistance organizations. A "major disaster" is any natural
			 catastrophe such as a hurricane or drought, or, regardless of cause, any fire,
			 flood, or explosion, 
									that the president of the United States
			 determines causes damage of sufficient severity and magnitude to warrant major
			 disaster assistance to supplement the efforts and available resources of
			 states, local governments, and disaster relief organizations in alleviating the
			 damage, loss, hardship, or suffering caused thereby. An "emergency" is any
			 occasion or instance for which the president of the United States determines
			 that federal assistance is needed to supplant state and local efforts and
			 capabilities to save lives and to protect property and public health and
			 safety, or to lessen or avert the threat of a catastrophe. Most, but not all,
			 federal emergency management assistance funds are excluded. For example, some
			 payments made to homeless people to pay for rent, mortgage, food, and utility
			 assistance when there is no major disaster or emergency are not excluded under
			 this provision.
(6) Payments
			 received under the Low-Income Home Energy Assistance Act, Pub. L. No. 99-425,
			 (9/1986) section 504 (e).
(7)
			 Payments 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, Pub. L. No. 100-383, (8/1988) section
			 105 (f)(2), wartime relocation of civilians, the Civil Liberties Act of
			 1988.
(8) Coupons that may be
			 exchanged for food at farmers' markets under WIC demonstration projects, Pub.
			 L. No. 100-435, (9/1988) section 501, which amended section 17(m)(1) of the
			 Child Nutrition Act of 1966.
(9)
			 Payments made from the Agent Orange settlement fund,
			 Pub.
			 L. No. 101-201, (12/1989), or any other fund
			 established pursuant to the settlement in the Agent Orange product liability
			 litigation, M.D.L. No. 381 (E.D.N.Y.) 
									that are received on or after January 1, 1989.
			 The disabled veteran will receive yearly payments. Survivors of deceased
			 disabled veterans will receive a lump-sum payment. These payments were
			 disbursed by Aetna insurance company. The Omnibus Budget Reconciliation Act of
			 1989 excludes these payments.
			 Pub.
			 L. No. 102-4, (2/1991), Agent Orange Act of 1991,
			 authorized veterans' benefits to some veterans with service-connected
			 disabilities resulting from exposure to Agent Orange. These payments are not
			 excluded by law.
(10) Payments made
			 under the Radiation Exposure Compensation Act,
			 Pub.
			 L. No. 101-426, (10/1990) section
			 6(h)(2).
(11) Federal tax refunds
			 received after December 1, 2009 are excluded for twelve months following the
			 receipt of the refund under  The
			 American Taxpayer Relief Act, of 2012
			 Pub.L. No.
			 112-240 (1/2013).
(12) Any federal, state and local earned
			 income tax credits received either as a lump sum or as payments under section
			 3507 of the Internal Revenue Code (12/1994) shall be excluded for twelve months
			 following receipt.
(13) The
			 resources of an assistance group member who receives supplemental security
			 income (SSI) benefits or public assistance benefits. An assistance group member
			 is considered a recipient of these benefits 
									when the benefits
			 have been authorized but not received, when the benefits are suspended or
			 recouped, or when the benefits are not paid because they are less than a
			 minimum amount. For purposes of this paragraph, when an individual receives or
			 is authorized to receive prevention, retention, and contingency (PRC) benefits
			 or services as specified in paragraph (C)(2) of rule
			 5101:4-2-02
			 of the Administrative Code, the county agency shall consider the PRC assistance
			 to benefit all members of the assistance group and therefore, the resources of
			 all of the members of the assistance group shall be excluded. Individuals
			 entitled to medicaid benefits only are not considered recipients of SSI or
			 public assistance,
			 Pub.
			 L. No. 102-237, (12/1991), effective February 1,
			 1992.
(14) All student financial
			 assistance received under Title IV (including assistance funded in part under
			 Title IV) or part E of Title XIII of the Higher Education Act of 1965, or under
			 bureau of Indian affairs student assistance programs pursuant to section 479(b)
			 and section
			 1343(c) of
			 Pub.
			 L. No. 102-325, (7/1992) and educational
			 assistance received by a student under section 507 of the Carl D. Perkins
			 Vocational and Applied Technology Education Act Amendments of 1990,
			 Pub.
			 L. No. 101-392, (9/1990) that
			 is made available for tuition, mandatory fees, books, supplies, transportation,
			 dependent care, and miscellaneous personal expenses. All educational accounts
			 described in section 529, (qualified tuition programs) and section 530
			 (coverdell education savings accounts) of the Internal Revenue Code of 1986,
			 Pub.
			 L. No. 110-246, (6/2008).
(15) Payments made to individuals because of
			 their status as victims of Nazi persecution,
			 Pub.
			 L. No. 103-286, (8/1994).
(16)
									Pub.
			 L. No. 103-322, (9/1994) section 230202, amended
			 section 1403 of the Crime Act of 1984 (42 U.S.C.
			 10602) to provide in part that, "(e)
			 Notwithstanding any other law, if the compensation paid by an eligible crime
			 victim compensation program would cover costs that a federal program, or a
			 federally financed state or local program, would otherwise pay, (a) such crime
			 victim compensation program shall not pay that compensation; and (b) the other
			 program shall make its payments without regard to the existence of the crime
			 victim compensation program." Based on this language, payments received under
			 this program shall be excluded from resources for 
									SNAP
			 purposes.
(17) Notwithstanding any
			 other provision of law, the allowance paid under
			 Pub.
			 L. No. 104-204, (9/1996) section 1805(d), to a
			 child of a Vietnam veteran for any disability resulting from spina bifida
			 suffered by such child. A monthly allowance from two hundred to one thousand
			 two hundred dollars is paid to a child under this public law.
(18) Housing and urban development (HUD)
			 retroactive tax and utility costs subsidy payments issued pursuant to the
			 settlement of Underwood v. Harris (Civil no. 76-0469, D.D.C.) (1/1978) against
			 HUD, for the month in which payment was received and for the following
			 month.
(19) Federal emergency
			 management assistance housing subsidies to pay for temporary housing required
			 as a result of a disaster and individual and family grant assistance payments
			 made under section 408 of the Robert T. Stafford Disaster Relief and Emergency
			 Assistance Act (5/2019).
(20) Disaster relief employment income
			 received from national emergency grants under the Workforce Innovation and
			 Opportunity Act,
			 Pub. L. No.
			 113-128, (7/2014) section 181(a)(2).
(21) Disaster unemployment assistance
			 provided under the Robert T. Stafford Disaster Relief and Emergency Assistance
			 Act, Pub. L. No. 100-707, (11/1988), to individuals unemployed as a result of a
			 major disaster.
(22) All pensions,
			 tax-preferred retirement plans, contracts or accounts, including but not
			 limited to, those described in sections 401(a), 403(a), 403(b), 408, 408A,
			 457(b) and 501(c)(18) of the Internal Revenue Code of 1986 and the value of
			 funds in a "Federal Thrift Savings Plan" account as provided for in
			 5 U.S.C.
			 8439 (12/2014).
			 Pub. L. No.
			 113-255, also provides for the exclusion of any
			 successor retirement accounts that are exempt from federal taxes.
(23) Filipino veterans equity compensation
			 fund payments under the American Recovery and Reinvestment Act of 2009
			 (February 17, 2009,
			 Pub.
			 L. No. 111-5 ) made to certain veterans, or
			 surviving spouses of veterans, who served in the military of the government of
			 the commonwealth of the Philippines during World War II.