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ATTACHMENT 9-D
ANNUAL INCOME
SOURCES OF INCOME WHICH BY FEDERAL STATUTE ARE EXCLUDED FROM
ANNUAL INCOME
The following sources, subject to exemption by Federal statute, are never considered when calculating annual income.
Any revenue which a Federal statute exempts shall not be considered income or used as a basis for determining eligibility for an Agency loan, payment assistance, or denying or reducing Federal financial assistance or benefits to which the recipient would otherwise be entitled.
Additional financial assistance, which is considered exempt income under Federal statutes, includes:
1. The imminent danger duty-pay to a service person applicant or spouse away from home and exposed to hostile fire. Amounts of imminent danger pay for military personnel stationed in the Combat Zone are excluded from annual income effective August 2, 1990. Any military pay received by persons serving in the Combat Zone received on or after January 17, 1991, is excluded from annual income. The Combat Zone, as defined by the Presidential Executive Order 12744 dated January 21, 1991, consists of the Persian Gulf, the Red Sea, the Gulf of Oman, that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude, the Gulf of Aden, the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates. Immediately upon notification by the family or based on information from a knowledgeable source that a member of the household was serving in the Combat Zone, the Loan Approval Official shall re- determine the household income retroactive to January 17, 1991, and adjust the applicant’s payment assistance accordingly.
2. Payments and assets, including for supportive services and reimbursement of out-of- pocket expenses, for volunteers under the Domestic Volunteer Service Act of 1973, including, but not limited to:
a. National Volunteer Antipoverty Programs, which include Volunteers in Service to
America (VISTA), Peace Corps, Service Learning Programs, and Special Volunteer Programs. National Older American Volunteer Programs for persons age 60 and over who include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Programs to Assist Small Business and Promote Volunteer Service to Persons with Business Experience, Service Corps of Retired Executives (SCORE), and Active Corps of Executives (ACE).
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3. Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998 reauthorized as the Workforce Innovation and Opportunity Act of 2014.
4. Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990.
5. Payments and assets received after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the "In Re Agent Orange Product Liability Litigation”, M.D.L. No. 381 (E.D.N.Y.).
6. Payments and assets received under the "Alaska Native Claims Settlement Act" or the "Maine Indian Claims Settlement Act”. Additionally, lump sum or periodic payments received by an individual Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010. This exclusion also applies to assets.
7. Income and assets derived from certain sub-marginal land of the United States that is held in trust for certain American Indian tribes.
8. Payments and assets received by the Indian Claims Commission to the Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation.
9. Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990. This exclusion also applies to assets.
10. Assistance payments or allowances made under the Department of Health and Human Services Low- Income Home Energy Assistance Program.
11. Assistance received under the Richard B. Russell School Lunch Act, and the Child Nutrition Act of 1966, including reduced-price lunches and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC).
12. Payments received from the Job Training Partnership Act.
13. Income and assets derived from the disposition of funds of the Grand River Band of Ottawa Indians.
14. The first $2,000 of per capita shares received from judgment funds awarded by the National Indian Gaming Commission or the U.S. Claims Court, the interests of individual Indians in trust or restricted lands, and the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or
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restricted lands. This exclusion does not include proceeds of gaming operations regulated by the Commission. This exclusion also applies to assets.
15. Payments received from programs funded under Title V of the Older Americans Act of 1965.
16. Payments from any deferred U.S. Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts.
17. Amounts of student financial assistance funded under title IV of the Higher Education Act of 1965, including awards under Federal work-study programs or under the Bureau of Indian Affairs student assistance programs.
18. The amount of any refund (or advance payment with respect to a refundable credit) issued under the Internal Revenue Code is excluded from income and assets for a period of 12 months from receipt.
19. Any allowance paid to children of Vietnam veterans born with spina bifida, children of women Vietnam veterans born with certain birth defects, and children of certain Korean and Thailand service veterans born with spina bifida is excluded from income and assets.
20. Any amount of crime victim compensation and assets that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) under the Victims of Crime Act of 1984 received through a crime victim assistance program, unless the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.
21. Any amounts in an “individual development account” are excluded from assets and any assistance, benefit, or amounts earned by or provided to the individual development account are excluded from income, as provided by the Assets for Independence Act.
22. Federal assistance for a major disaster or emergency received by individuals and families under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and comparable disaster assistance provided by States, local governments, and disaster assistance organizations. This exclusion also applies to assets.
23. Any amount in an Achieving Better Life Experience (ABLE) account, distributions from and certain contributions to an ABLE account established under the ABLE Act of 2014.
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24. The value of any child care assistance provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990.
25. Assistance and assets received by a household under the Emergency Rental Assistance Program pursuant to the Consolidated Appropriations Act, 2021 and the American Rescue Plan Act of 2021.
26. Any other income which is exempted under Federal statute.