Department of Human Services
Food Stamp Online Policy Manual
RESOURCES EXCLUDED BY LAW
Mixed Food Stamp Households -- Have one or more member(s) receiving or authorized to receive Cash Assistance and/or SSI but not all household members receive these benefits. The Food Stamp Program will exclude resources of these individuals. If identified, these resources cannot be included when a household’s total resources are calculated. The household member is categorically resource eligible for Food Stamps.
The following types of payments are excluded by law from consideration as resources in the determination of eligibility/level of benefits:
(a) Relocation Assistance Payments
Relocation payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970:
1. payments to person displaced as a result of the acquisition of real property;
2. relocation payments to a displaced homeowner toward the purchase of a replacement dwelling. Such payments are made only to a displaced owner who purchases and occupies a dwelling within one (1) year following displacement; and
3. replacement housing payments to displaced persons are eligible for a homeowner’s payment.
(b) Alaska Native Claims Payments and Sac and Fox Indian Claim Payments Payments received under the Alaska Native Claims Settlements Act P.L. 920203, Section 21(a) and the Sac and Fox Indian Claims Agreement P.L. 94-189.
(c) Payments for Certain Indian Tribes Payments
These payments are derived from certain submarginal lands of the United States which are held in trust for certain Indian tribes.
(d) Workforce Investment Act
Payments received from the Workforce Investment Act (WIA).
Payments made to the Grand River Band of Ottawa Indians under P.L. 94-540.
Federal Assistance provided by a program funded in whole or in part under Title IV of the Higher Education Act. Such payments include Pell Grants, Supplemental Education Opportunity (SEOG) Grants, PLUS Program Grants, National Direct Student Loans (NDSL), Byrd Honor Scholarships, and college work study funds.
Do not count payments made under any federal laws for the purpose of energy assistance. These payments must be clearly identified as energy assistance by the legislative body authorizing the program or providing the funds. Payments made through state or local funding are counted. Among the federal payments that would be excluded are energy assistance payments provided through the Department of Health and Human Services, Low Income Energy Assistance Program and the Community Service Administrations’ Energy Crisis Assistance and Crisis Intervention Programs. HUD Section 8 payments and FmHA are also excluded because they are identified as federal energy assistance.
Payments issued pursuant to settlement of Underwood vs. Harris (Civil No. 78-04 69 D.D.C. against HUD) for the month for which payment was received and for the following month.
(j) Benefits from Food Program
Do not count the following benefits from the food programs:
1. WIC (special supplemental food program for Women, Infants, and Children);
2. value of food stamps;
3. value of school lunches or other school food programs.
(k) Earned Income Tax Credits
Monthly or lump sum EITC payments are excluded as a resource for 12 months from receipt if the individual was a Food Stamp participant at the time of receipt and continues to participate (with breaks of a month or less).
(m) Compensation under the Crime Act of 1984
Compensation made under the Crime Act of 1984 to crime victims is excluded as a resource as stated in Section 230202 of P.L. 103-322.
(n) Filipino Veterans Equity Compensation Fund Payments
Lump sum payments made to certain veterans and the spouses of veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II is excluded as a resource.