Exempt income is not included in the income eligibility calculation.
Once identified and documented, caseworkers will not be required to
monitor exempt income at subsequent financial redeterminations. Sources
of exempt income include:
(1) interest income.
(2) cash received from the sale of a resource. This
cash is a resource, not income.
(3) income of minor children who are supported by or
dependent upon the client.
(4) refunds from the Internal Revenue Service for earned
income tax credit.
(5) reimbursement from an insurance company for health
insurance claims.
(6) any cash from a non-governmental medical or social
services organization if the cash is:
(A) for medical or social services already received
by the individual and approved by the organization, and which does
not exceed the value of those services; or
(B) a payment restricted to the future purchase of
a medical or social service.
(7) proceeds of either a commercial loan or an informal
loan, for which repayment is required with or without interest. The
proceeds (amount borrowed) are not counted as income in the month
in which they are received, but are considered to be a resource in
the following month(s). To claim exemption of the proceeds of a loan,
a client must prove that he acknowledges an obligation to repay and
that some plan for repayment exists. If these conditions can be verified,
no written contract is required.
(8) the amount of the cost-of-living increase in any
pension or benefit, received on or after January 1, 1985, that would
cause the client to be ineligible for continued services. This exclusion
applies only to community care clients who are already receiving services
or case management and would become ineligible because of the increase.
It does not apply to applicants.
(9) in-kind income, such as food, clothing, shelter,
rent subsidies.
(10) one-time or lump-sum payments from any source.
(11) funds from the In-Home Family Support Program
or the Transition to Life in the Community Program.
(12) payments from the Agent Orange Settlement Fund
or any other fund established in settlement of the Agent Orange product
liability litigation. Public Law 101-239 exempts the payments from
countable income and resources. The law is retroactive as of January
1, 1989.
(13) any payment received under the Radiation Exposure
Compensation Act (Public Law 101-246).
(14) any payment received under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970.
(15) payments to volunteers under the Domestic Volunteer
Services Act. This exclusion applies to any payments to volunteers
in the Retired Senior Volunteer Program, and Foster Grandparent Program,
and the Senior Companion Program. Also included are payments under
Title III of the same act, which includes the Service Corps of Retired
Executives (SCORE), the Active Corps of Executives (ACE), and the
Action Cooperative Volunteer Program (ACV).
(16) interest or other earnings on any designated account
established for Supplemental Security Income (SSI) clients under age
18 for retroactive benefits, as required by Public Law 104-193, effective
August 22, 1996.
(17) payments by the Federal Disaster Assistance Administration
authorized by the Disaster Relief Act, as amended.
(18) value of any housing assistance paid on a house
under the United States Housing Act of 1937, the National Housing
Act, the Housing and Urban Development Act of 1965, §101, or
Title V of the Housing Act of 1949, as authorized by Public Law 94-375.
(19) home energy assistance, except food or clothing,
under Public Laws 97-377 and 97-424. Home energy assistance is assistance
in cash or in-kind that is provided by a private, nonprofit organization
or a utility company. Some examples of home energy assistance are
heating, cooling, weatherization, storm windows, and blankets.
(20) reparation payments received by Holocaust survivors
from the Federal Republic of Germany. The payments may be made periodically
or as a lump sum. The Texas Department of Human Services accepts the
client's signed statement of amounts involved and dates of payment.
Public Law 101-508 established this exemption effective January 1,
1991.
(21) payments from a state-administered fund to aid
victims of crime. Public Law 101-508 established this exemption effective
May 1, 1991.
(22) payments a state or local government may make
as relocation assistance. Public Law 101-508 established this exemption
effective October 15, 1990.
(23) hazardous duty pay of a spouse or parent absent
from the home because of active military service.
(24) restitution payments made by the United States
government under Public Law 100-383 to Japanese-American (or, if deceased,
to their survivors) who were interned or relocated during World War
II.
(25) reparation payments received under §§500-506
of the Austrian General Social Insurance Act.
(26) payments under the Netherlands' Act on Benefits
for Victims of Persecution 1940-1945 (Dutch acronym, WUV).
(27) payment from any source made to individuals because
of their status as victims of Nazi persecution. Public Law 103-286
established this exemption effective August 1, 1994.
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| Source Note: The provisions of this §271.59 adopted to be effective January 1, 1998, 22 TexReg 12544; transferred effective September 15, 2023, as published in the August 18, 2023, issue of the Texas Register, 48 TexReg 4523 |
