(1) This rule governs excluded unearned income for purposes of TANF cash assistance.

(2) In testing gross monthly income and in determining grant amount, the following unearned income shall be excluded:

(a) gifts of money up to $50 per gift per month for each participant;

(b) energy assistance payments based on financial need;

(c) restitution made to individuals of Japanese ancestry who were interned during World War II as per the Civil Liberties Act of 1988;

(d) restitution made to Aleuts who were relocated during World War II as per the Civil Liberties Act of 1988;

(e) major disaster and emergency assistance as per the federal Disaster Relief and Emergency Assistance Amendments of 1988;

(f) the following income of enrolled tribal members:

(i) judgment claims payments;

(ii) judgments derived from submarginal lands;

(iii) per capita payments not to exceed $2,000 per individual per payment;

(iv) interest earned on excluded funds; and

(v) up to $2,000 per year of income derived from leases or other uses of individually owned trust or restricted lands.

(g) complementary assistance from other agencies or organizations which provides or pays for goods or services not intended to be covered by TANF cash assistance;

(i) The cash assistance grant is intended to provide assistance for food, household supplies, personal care items, clothing, and shelter, including heating costs.

(h) undergraduate grants, loans, or scholarships for purposes directly related to the individual's attendance at an institution of higher education or postsecondary training;

(i) veterans administration educational payments are totally excluded if the recipient of the payment is attending an institution of higher education or postsecondary training;

(j) the value of a food stamp allotment or food commodities donated by the U.S. Department of Agriculture;

(k) any benefits received under Title VII of the Nutrition Program for the Elderly of the Older Americans Act of 1965 as amended;

(l) the value of supplemental food assistance received under the Child Nutrition Act of 1966 and under the National School Lunch Act, P.L. 92-433 and 93-150;

(m) payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(n) vendor payments or other financial assistance provided to the assistance unit by persons not included in the assistance unit where no income is contributed directly to members of the assistance unit;

(o) interest paid on escrow accounts established under the HUD Family Self-Sufficiency (FSS) program;

(p) payments made under the Maine Indian Claims Settlement Act of 1980;

(q) radiation exposure claims payments;

(r) payments received under the Alaska Native Claims Settlement Act, P.L. 92-203;

(s) payments received under the Volunteers in Service to America program (VISTA) pursuant to Title I of P.L. 93-113, section 404(g);

(t) reimbursement made to a member of the assistance unit, including repayment of monies spent;

(u) supportive services payments to or for an assistance unit who is participating in WoRC, or any other TANF cash employment and training program;

(v) supplemental security income (SSI) payments received by a person who lives with the assistance unit, except that any portion of the SSI payment which is directly contributed to the assistance unit is not excluded;

(w) HUD Section 8 utility payments, regardless of whether the payee is a member of the assistance unit or someone else is the payee;

(x) money received pursuant to a valid loan as defined in ARM 37.78.103;

(y) emergency assistance payments provided under ARM 37.78.601 and 37.78.602;

(z) interest earned on countable resources; and

(aa) payments received by Crow elders under the Crow Boundary Settlement Act of 1994, P.L. 103-444.

History: 53-4-212, MCA; IMP, 53-4-211, 53-4-601, MCA; NEW, 1996 MAR p. 284, Eff. 1/26/96; AMD, 1998 MAR p. 3284, Eff. 12/18/98; AMD, 2000 MAR p. 746, Eff. 3/17/00; TRANS, from SRS, 2000 MAR p. 3414; AMD, 2003 MAR p. 15, Eff. 1/17/03; AMD, 2006 MAR p. 2415, Eff. 10/6/06; AMD, 2009 MAR p. 1020, Eff. 7/1/09.