In the TANF program, the Texas Health and Human Services Commission
(HHSC) counts all income of a person described in §372.403 of
this division (relating to Determining Whose Income Counts in TANF),
except HHSC excludes the following:
(1) any income federal law excludes;
(2) the earned income of a child who is:
(A) a full-time student, as defined by the school (regardless
of how many hours the child works); or
(B) a part-time student employed less than 30 hours
a week;
(3) up to $300 per federal fiscal quarter in cash gifts
and contributions from private, nonprofit organizations and based
on need;
(4) up to $75 per month in regular child support payments
per household, except HHSC counts all child support payments a household
receives if HHSC determines the household violated an agreement to
assign child support to the State;
(5) income legally diverted before actual receipt,
such as payments a parent makes for alimony, child support, and to
dependents outside the home;
(6) proceeds from claims on insurance policies to compensate
a loss or used to pay medical expenses;
(7) payments from federal volunteer programs for volunteer
service, such as payments:
(A) for volunteer service in a senior citizen volunteer
program, under the Domestic Volunteer Service Act (42 U.S.C. §5000
et seq.);
(B) for volunteer service to Volunteers in Service
to America (VISTA), under 42 U.S.C. §§4951 - 4960; and
(C) for volunteer service under the National and Community
Service Act (42 U.S.C. §§12511 - 12656);
(8) payments under the Workforce Investment Act of
1998;
(9) the value of any benefits received under a government
nutrition assistance program based on need, including benefits under
SNAP, the Child Nutrition Act of 1966, the National School Lunch Act,
and the Older Americans Act of 1965;
(10) foster care payments;
(11) payments made under a government housing assistance
program based on need;
(12) energy assistance payments;
(13) job training payments that:
(A) are earmarked as reimbursement for training-related
expenses; and
(B) do not duplicate payment for an item covered by
budgetary needs;
(14) a lump sum provided and used to pay burial, legal,
or medical bills, or to replace damaged or lost possessions, except
HHSC does not exclude amounts from lump sums used for another purpose;
(15) reimbursements for monies spent on items not covered
by budgetary needs;
(16) amounts deducted from royalties for production
expenses and severance taxes;
(17) all income of Supplemental Security Income recipients;
(18) third-party funds received and used for a third-party
beneficiary who is not a household member;
(19) vendor payments from funds not legally obligated
to the household;
(20) veterans benefits for special needs items not
covered by budgetary needs;
(21) workers' compensation payments legally obligated
to the recipient that are earmarked and used for medical expenses;
(22) the amount of any nonfarm self-employment income
offsetting a tax deduction taken that year for a farm loss, for households
with farms generating income of at least $1,000 annually;
(23) any income described in §372.355(d) of this
subchapter (relating to Treatment of Resources in SNAP);
(24) any income described in §372.354(c)(4), (13),
(17), and (18) of this subchapter (relating to Treatment of Resources
in TANF);
(25) crime victim's compensation payments;
(26) the earned income of a person who marries a caretaker
or payee, for the first six months from the date of the marriage,
if:
(A) the caretaker or payee is receiving TANF benefits
on the date of the marriage; and
(B) the combined income of the person and the caretaker
or payee, countable under this section, not exceeding 200% of the
Federal Poverty Guidelines, as calculated based on the total number
of the following persons:
(i) the caretaker or payee;
(ii) the person who marries the caretaker or payee;
(iii) each child living in the household who is related
to the caretaker, payee, or person within the degree described in §372.108
of this chapter (relating to Relationship Requirement); and
(iv) a required member if not disqualified or ineligible;
and
(27) interest earned on a school-based account or bond
as described by §28.0024 of the Texas Education Code and authorized
by §31.0039 of the Texas Human Resources Code.
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| Source Note: The provisions of this §372.404 adopted to be effective September 1, 2009, 34 TexReg 5361; amended to be effective June 9, 2010, 35 TexReg 4668; amended to be effective November 20, 2016, 41 TexReg 9009 |
