Resources are exempted if excluded for food assistance 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 alien 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) 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, as amended by section 9(d) of Pub. L. No. 94-105, (10/1975).
(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, (02/1971) section 216.
(4) Benefits received from the special supplemental food program for women, infants and children (WIC), Pub. L. No. 92-443, (1972) section 9.
(5) Payments received under section 321(d), the Disaster Relief Act of 1974, Pub.
L. No. 93-288, (05/1974), as amended by section 105(i), the Disaster Relief and Emergency Assistance Amendments of 1988, Pub. L. No. 100-707, (11/1988). Payments precipitated by an emergency or major disaster as defined in this act, as amended, are not counted as a resource for food assistance 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, which 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) Earned income tax credits received before January 1, 1980, as a result of the Revenue Act of 1978, Pub. L. No. 95-600, (11/1978).
(7) Payments received under the Low-Income Home Energy Assistance Act, Pub.
L. No. 99-425, (09/1986) section (e).
(8) 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, (08/1988) section 105 (f)(2), wartime relocation of civilians, the Civil Liberties Act of 1988.
(9) Coupons that may be exchanged for food at farmers' markets under WIC demonstration projects, Pub. L. No. 100-435, (09/1988) section 501, which amended section 17(m)(7) of the Child Nutrition Act of 1966.
(10) 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.) which 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, (02/1991), 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.
(11) Payments made under the Radiation Exposure Compensation Act, Pub. L. No. 101-426, (10/1990) section 6(h)(2).
(12) Earned income tax credits (EITC) shall be excluded as follows: (a) a federal earned income tax credit received either as a lump sum or as payments under section 3507 of the Internal Revenue Code shall be excluded for the month of receipt and the following month for the individual and that individual's spouse effective January 1, 1991, Pub. L. No. 101-508, (11/1990); (b) any federal, state or local earned income tax credit received by any assistance group member shall be excluded for twelve months, provided the assistance group was participating in the food assistance program at the time of receipt of the earned income tax credit and provided the assistance group participates continuously during that twelve-month period. Breaks in participation of one month or less due to administrative reasons, such as delayed reapplications, shall not be considered as nonparticipation in determining the twelve-month exclusion effective September 1, 1994, Pub. L. No. 103-66, (08/1993).
(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 if the benefits have been authorized but not received, if the benefits are suspended or recouped, or if the benefits are not paid because they are less than a minimum amount. For purposes of this paragraph, if 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, as amended, or under bureau of Indian affairs student assistance programs pursuant to section 479(b) and section 1343(c) of Pub. L. No. 102-325, (07/1992) 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, (03/1990) 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, (06/2008).
(15) Payments made to individuals because of their status as victims of Nazi persecution, Pub. L. No. 103-286, (08/1994).
(16) Pub. L. No. 103-322, (09/1994) 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 must be excluded from resources for food assistance purposes.
(17) Notwithstanding any other provision of law, the allowance paid under Pub. L. No. 104-204, (09/1996) 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.) 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 the Disaster Relief Act section 312(d) of the Disaster Relief Act of 1974, as amended in 1988.
(20) Disaster relief employment income received from national emergency grants under the Workforce Investment Act (WIA) of 1988, Pub. L. No. 105-220, (08/1998) 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 tax-preferred retirement plans, contracts or accounts 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. Pub. L. No. 110-246, (06/2008), 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.
(B) American Indians or Alaska Natives
(1) Payments received under the Alaska Native Claims Settlement Act, Pub. L. No. 92-203, (01/1976) section 29, and section 15 of Pub. L. No. 100-241, (02/1988), and the Alaska Native Claims Settlement Act Amendments of 1987, section 21(a)) of the Sac and Fox Indian Claims Agreement, Pub. L. No. 94-189, (12/1975).
(2) 25 U.S.C. 1407 judgment funds as amended by Pub. L. No. 93-134, (10/1973) and Pub. L. No. 97-458, (01/1983) provides that: "None of the funds [appropriated in satisfaction of judgments of the Indian claims commission or claims court in favor of any Indian tribe, band, etc.] which -(1) are distributed per capita or held in trust pursuant to a plan approved under the provisions of this act [25 U.S.C. section 1401 et seq. (01/1983), as amended], or (2) on the date of enactment of the act [enacted Jan. 12, 1983], are to be distributed per capita or are held in trust pursuant to a plan approved by congress prior to the date of enactment of this act [enacted Jan. 12, 1983], or (3) were distributed pursuant to a plan approved by congress after December 31, 1981, but prior to the date of enactment of this act [enacted Jan. 12, 1983], and any purchases made with such funds, including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to federal or state income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act of 1935, as amended [42 U.S.C. section 301 et seq.] or, except for per capita shares in excess of two thousand dollars, any federal or federally assisted program." The two thousand-dollar amount applies to each payment made to each person. Initial purchases made with exempt payments distributed between January 1, 1982, and January 12, 1983, are excluded from resources to the extent that excluded funds were used.
(3) Payments made under the Indian Judgment Fund Act (judgment awards) of two thousand dollars or less and initial purchases made with exempt payments distributed between January 1, 1982, and January 12, 1983, Pub. L. No. 93-134, (10/1973), the Judgment Award Authorization Act, as amended by Pub. L. No. 97-458, (11/1983) section 1407, and Pub. L. No. 98-64, (08/1983), the Per Capita Distribution Act.
(4) Effective January 1, 1994, interests of individual Indians in trust or restricted lands and up to two thousand dollars per year of income received by individual Indians derived from such interests per Pub. L. No. 93-134, (10/1973) section 8, the Indian Tribal Judgment Fund Use or Distribution Act as amended by Pub. L. No. 103-66, (10/1973) section 13736. Interests include the Indian's right to or legal share of the trust or restricted land and any income accrued from funds in trust or the restricted lands.
(5) Payments of relocation assistance to members of the Navajo and Hopi Tribes under Pub. L. No. 93-531, (12/1974).
(6) Payments received by certain Indian tribal members under Pub. L. No. 94-114, (10/1975) section 6, regarding submarginal land held in trust by the United States. The tribes that may benefit are: Bad River Band of the Lake Superior Tribe or Chippewa Indians of Wisconsin; Blackfeet Tribe; Cherokee Nation of Oklahoma; Cheyenne River Sioux Tribe; Crow Creek Sioux Tribe; Lower Brule Sioux Tribe; Devils Lake Sioux Tribe; Fort Belknap Indian Community; Assiniboine and Sioux Tribes; Lac Courte Oreilles Band of Lake Superior Chippewa Indians; Keweenaw Bay Indian Community; Minnesota Chippewa Tribe; Navajo Tribe; Oglala Sioux Tribe; Rosebud Sioux Tribe; Shoshone-Bannock Tribes; and Standing Rock Sioux Tribe.
(7) Payments distributed per capita or held in trust to the Sac and Fox Indians and divided between members of the Sac and Fox Tribe of Oklahoma and the Sac and Fox Tribe of the Mississippi in Iowa awarded in Indian claims commission dockets numbered 219, 153, 135, 158, 231, 83, and 95, Pub. L. No. 94-189, (12/1975) section 6.
(8) Payments received by the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation from the Indian claims commission as designated under Pub. L. No. 94-433, (09/1976), corrected December 28, 1982.
(9) Payments received from the disposition of funds to the Grand River Band of Ottawa Indians, Pub. L. No. 94-540, (10/1976).
(10) Child and family service grant programs on or near reservations in the preparation and implementation of child welfare codes. Programs include, but are not limited to, family assistance, including homemaker and home counselors, day care, after school care, and employment, recreational activities, and respite care; home improvement; the employment of professional and other trained personnel to assist the tribal court in the disposition of domestic relations and child welfare matters; education and training of Indians, including tribal court judges and staff in skills relating to child and family assistance and service programs 25 U.S.C. 1931 Indian child welfare, subparagraph (a), Pub. L. No. 95-608, (11/1978). Subparagraph (b) provides that assistance under 25 U.S.C. 1901 et seq. shall not be a basis for the denial or reduction of any assistance otherwise authorized under any federally assisted programs.
(11) Payments to the Passamaquoddy Tribe, the Houlton Band of Maliseet and the Penobscot Nation or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980, Pub. L. No. 96-420, (10/1980) section 5, and section 9(c).
(12) Payments made to the Turtle Mountain Band of Chippewas, Arizona, Pub. L. No. 97-403, (12/1982).
(13) Payments made to the Blackfeet, Grosventre, and Assiniboine Tribes, Montana, and the Papago, Arizona, Pub. L . No. 97-408, (01/1983).
(14) Pub. L. No. 98-64, (08/1983), applied the exclusion in 25 U.S.C. 1407 to per capita payments from funds which are held in trust by the United States secretary of interior (trust fund distributions) for an Indian tribe. (Per capita payments may be authorized for specific tribes under other public laws.)
(15) Payments distributed under Pub. L. No. 98-123, (10/1983) section 3, to members of the Red Lake Band of Chippewa Indians as awarded in docket number 15-72 of the United States court of claims.
(16) Per capita and interest payments made to members of the Assiniboine Tribe of the Fort Belknap Indian Community, Montana, and the Assiniboine Tribe of the Fort Peck Indian Reservation, Montana, as awarded in docket 10-81L, Pub. L. No. 98-124, (10/1983) section 5.
(17) Payments made to heirs of deceased Indians except for per capita shares in excess of two thousand dollars per Pub. L. No. 98-500, (10/1984) section 8, Old Age Assistance Claims Settlement Act.
(18) Payments distributed per capita or held in trust for members of the Chippewas of Lake Superior, Pub. L. No. 99-146, (11/1985) section 6(b), as awarded in judgments in dockets numbered 18-S, 18-U, 18-C, and 18-T). Dockets 18-S and 18-U are divided among the following reservations. Wisconsin: Bad River Reservation; Lac du Flambeau Reservation; Lac Courte Oreilles Reservation; Sokaogon Chippewa Community; Red Cliff Reservation; St. Croix Reservation. Michigan: Keweenaw Bay Indian Community (L'anse, Lac Vieux Desert, and Ontonagon Bands). Minnesota: Fond du Lac Reservation; Grand Portage Reservation; Nett Lake Reservation (including Vermillion Lake and Deer Creek); White Earth Reservation. Under dockets 18-C and 18-T funds are given to the Lac Courte Oreilles Band of the Lake Superior Bands of Chippewa Indians of the Lac Courte Oreilles Reservation of Wisconsin, the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, the Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians, and the St. Croix Chippewa Indians of Wisconsin.
(19) Payments made under the White Earth Reservation Land Settlement Act of 1985, section 16, Pub. L. No. 99-264, (03/1986), which involves members of the White Earth band of Chippewa Indians in Minnesota.
(20) Payments made to the Saginaw Chippewa Indian Tribe of Michigan, Pub. L. No. 99-346, (06/1986) section 6(b)(2).
(21) Payments distributed per capita or held in trust to the Chippewas of the Mississippi, Pub. L. No. 99-377, (08/1986) section 4(b), as awarded in judgments in docket number 18-S. The funds are divided by reservation affiliation for the Mille Lac Reservation, Minnesota; White Earth Reservation, Minnesota; and Leech Lake Reservation, Minnesota.
(22) Payments made under Pub. L. No. 101-41, (06/1989), the Puyallup Tribe of Indians Settlement Act of 1989, section 10(b).
(23) Funds appropriated in satisfaction of judgments awarded to the Seminole Indians in dockets 73, 151, and 73-A of the Indian claims commission are excluded from resources except for per capita payments in excess of two thousand dollars. Payments were allocated to the Seminole Nation of Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida and the independent Seminole Indians of Florida, Pub. L. No. 101-277, (04/1990).
(24) Payments, funds, or distributions authorized, established, or directed by Pub. L. No. 101-503, (11/1990) section 8(b), Seneca Nation Settlement Act of 1990, and none of the income derived therefrom, shall affect the eligibility of the Seneca Nation or its members for, or be used as a basis for denying or reducing funds under any federal program.
(25) Pub. L. No. 103-436, (11/1994) section 7(b), Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act, provides that payments made pursuant to that act are totally excluded from resources for food assistance purposes.
R.C. 119.032 review dates: 05/28/2010 and 08/01/2015
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 8/1/83, 11/1/83 (Temp.), 12/22/83, 8/20/86 (Emer.), 11/15/86, 5/25/90, 4/1/91, 10/1/91, 10/2/91 (Emer.), 12/20/91, 8/1/92 (Emer.), 10/30/92, 8/1/93, 2/1/94, 9/1/94, 1/1/95, 8/1/95, 2/1/96, 7/1/96, 4/1/97 (Emer.), 6/6/97, 2/1/98, 9/28/98, 6/1/01 (Emer.), 8/27/01, 12/1/04, 7/17/05, 10/1/08 (Emer.), 12/18/08