Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 295 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Section 22VAC40-295-50 - Income eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Income
				eligibility for all cases is based on a prospective determination that
				anticipates the countable income of the assistance unit. The assistance unit is
				income eligible if the net income of the assistance unit is less than the
				standard of assistance.
B. The
				following income of members of the assistance unit, a parent not included in
				the assistance unit, or anyone whose income is used in determining eligibility
				or the amount of TANF assistance, shall be disregarded:
1. Home produce of the assistance unit
				utilized for their own consumption;
2. The value of food benefits under the Food
				Stamps program;
3. The value of
				foods donated under the United States Department of Agriculture Commodity
				Distribution Program, including those furnished through school meal
				programs;
4. Payments received
				under Title II of the Uniform Relocation Assistance and Real Property
				Acquisition Policies Act of 1970 ( 42 USC §§ 4601 et seq.);
5. Benefits received under Title VII,
				Nutrition Program for the Elderly, of the Older Americans Act of 1965, as
				amended ( 42 USC §§ 3001 et seq.);
6. Grants or loans to any undergraduate
				students for educational purposes made or insured under any program
				administered by the United States Secretary of Education. Programs that are
				administered by the United States Secretary of Education include: Pell Grant,
				Supplemental Education Opportunity Grant, Perkins Loan, Guaranteed Student Loan
				(including the Virginia Education Loan), PLUS Loan, Congressional Teacher
				Scholarship Program, College Scholarship Assistance Program, and the Virginia
				Transfer Grant Program;
7. Funds
				derived from the College Work Study Program;
8. A scholarship or grant obtained and used
				under conditions which preclude its use for current living costs;
9. Training allowance (transportation, books,
				required training expenses, and motivational allowance) provided by the
				Department of Rehabilitative Services (DRS) for persons participating in
				Rehabilitative Services Programs. This disregard is not applicable to the
				allowance provided by DRS to the family of the participating
				individual;
10. Any portion of an
				SSI payment or Auxiliary Grant;
11.
				Payments to VISTA Volunteers under Title I, when the monetary value of such
				payments is less than minimum wage as determined by the Director of the Action
				Office, and payments for services of reimbursement for out-of-pocket expenses
				made to individual volunteers serving as foster grandparents, senior health
				aides, or senior companions, and to persons serving in the Service Corps of
				Retired Executives (SCORE) and Active Corps of Executives (ACE) and other
				programs pursuant to Titles II and III, of Public Law 93-13, the Domestic
				Volunteer Service Act of 1993 ( 42 USC §§ 4950 et seq.);
12. The Veterans Administration educational
				amount for the caretaker 18 or older when used specifically for education
				purposes. Any additional money included in the benefit amount for dependents is
				to be counted as income to the assistance unit;
13. Foster care payments received by anyone
				in the assistance unit;
14.
				Unearned income received from Title IV, Part B (Job Corps) of the Job Training
				Partnership Act (JTPA) ( 29 USC §§ 1501 et seq.) by an eligible child
				is to be disregarded as an incentive payment. However, any payment received by
				any other Job Corps participant or any payment made on behalf of the
				participant's eligible child or children is to be counted as income to the
				assistance unit;
15. Income tax
				refunds including earned income tax credit advance payments and
				refunds;
16. Payments made under
				the Energy Assistance Program;
17.
				The value of supplemental food assistance received under the Child Nutrition
				Act of 1966 ( 42 USC §§ 1771 - 1789 ). This includes all school meals
				programs; the Women, Infants, and Children (WIC) program; and the Child Care
				Food program;
18. All federal,
				state, or local government rent and housing subsidies and utility
				payments;
19. Unearned income
				received by an eligible child under Title II, Parts A and B, and Title IV, Part
				A, of the Job Training Partnership Act (JTPA) ( 29 USC §§ 1501 et
				seq.);
20. Funds distributed to, or
				held in trust for, members of any Indian tribe under Public Laws 92-254,
				93-134, 94-540, 97-458, 98-64, 98-123, or 98-124. Additionally, interest and
				investment income accrued on such funds while held in trust, and purchases made
				with such interest and investment income;
21. The following types of distributions
				received from a Native Corporation under the Alaska Native Claims Settlement
				Act ( Public Law 100-241; 43 USC §§ 1601 et seq.):
a. Cash (including cash dividends on stock
				received from a Native Corporation) to the extent that it does not, in the
				aggregate, exceed $2,000 per individual per year;
b. Stock (including stock issued or
				distributed by a Native Corporation as a dividend or distribution on
				stock);
c. A partnership
				interest;
d. Land or an interest in
				land (including land or an interest in land received from a Native Corporation
				as a dividend or distribution on stock); and
e. An interest in a settlement
				trust.
22. Income
				derived from certain submarginal land of the United States which is held in
				trust for certain Indian tribes ( Public Law 92-114 );
23. The first $50 of total child or spousal
				support payments received each month by an assistance unit;
24. Federal major disaster and emergency
				assistance provided under the Disaster Relief and Emergency Assistance
				Amendments of 1988 ( 42 USC § 5121 nt.), and disaster assistance provided
				by state and local governments and disaster assistance organizations ( Public
				Law 100-707 );
25. Payments
				received by individuals of Japanese ancestry under the Civil Liberties Act of
				1988, and by Aleuts under the Aleutian and Pribilof Islands Restitution Act (
				Public Law 100-383; 50 USC Appx. §§ 1989 et seq.);
26. Agent Orange payments;
27. Payments received by individuals under
				the Radiation Exposure Compensation Act (
				Public Law
				101-426; 42 USC § 2210 nt.);
28. Funds received pursuant to the Maine
				Indians Claims Settlement Act of 1980 ( Public Law 96-420 ) and the Aroostook
				Band of Micmacs Settlement Act (
				Public Law
				102-171; 25 USC § 1721 );
29. Student financial assistance received
				under Title IV of the Higher Education Amendments of 1992 (
				Public Law
				102-325 );
30. Student financial assistance received
				under the Carl D. Perkins Vocational and Applied Technology Education Act made
				available for attendance costs (
				Public Law
				101-392; 20 USC § 2301 nt.);
31. Student financial assistance received
				under the Bureau of Indian Affairs student assistance programs;
32. All bona fide loans. The loan may be for
				any purpose and may be from a private individual as well as from a commercial
				institution. The disregard is limited to the principal of the loan. A simple
				statement signed by both parties indicating that the payment is a loan and must
				be repaid is sufficient to verify that a loan is bona fide. Interest earned on
				the proceeds of a loan while held in a savings or checking account or other
				financial instrument shall be counted as income only in the month
				received;
33. Up to $2,000 per year
				of income received by individual Indians, which are derived from leases or
				other uses of individually-owned trust or restricted lands shall be disregarded
				as income, and shall not be used to reduce or deny assistance or benefits to
				which the individual, or household, would otherwise be entitled to
				receive;
34. Nonrecurring monetary
				gifts for special occasions, such as birthdays, Christmas,
				graduations;
35. All other unearned
				income that is specifically disregarded in the calculation of TANF benefits by
				federal or state law or regulation.