New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 4 - Services to Individuals › Part 387 - Supplemental Nutrition Assistance Program › Section 387.11 - Income exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
Only the following items shall be excluded from household
			   income:
(a) Monies withheld from an
			 assistance payment, earned income, or other income source, or monies received
			 from any income source which are voluntarily or involuntarily returned to repay
			 a prior overpayment received from that income source, provided that the
			 overpayment was not excludable under section
			 387.9 
			 of this Part. However, monies withheld from assistance from a Federal, State or
			 local welfare program which is means-tested and distributes public-funded
			 benefits for purposes of recouping an overpayment which resulted from the
			 household's intentional failure to comply with the other program's requirements
			 must not be excluded. However, assistance from a means-tested publicly-funded
			 benefits program which has been discontinued as a result of a penalty due to
			 the recipient's intentional failure to comply with one or more requirements of
			 the means-tested public assistance program must not be excluded.
(b) Child support payments received by ADC
			 recipients which must be transferred to the agency administering title IV-D of
			 the Social Security Act, as amended.
(c) Any gain or benefit which is not in the
			 form of money payable directly to the household, including nonmonetary or
			 in-kind benefits, such as meals, clothing, public housing, or produce from a
			 garden, and vendor payments. Money payments that are not payable directly to a
			 household, but are paid to a third party for a household expense, are vendor
			 payments and are excludable as follows:
(1) A
			 payment made in money on behalf of a household shall be considered a vendor
			 payment whenever a person or organization outside of the household uses its own
			 funds to make a direct payment to either the household's creditors or a person
			 or organization providing a service to the household.
(2) Payments in money that are not made to a
			 third party, but are made directly to the household, are to be counted as
			 income and are not excluded as a vendor payment except that rent or housing
			 subsidies paid to a landlord by the United States Department of Housing and
			 Urban Development shall be considered a vendor payment regardless of whether
			 the payment is made directly to the landlord or paid to the landlord through
			 the household.
(3) Monies that are
			 legally obligated and otherwise payable to the household, but which are
			 diverted by the provider of the payment to a third party for a household
			 expense must be counted as income and not excluded as a vendor payment.
			 However, emergency public assistance payments to a third party made on behalf
			 of migrant or seasonal farmworker households during the period such households
			 are in the job stream must be excluded as income.