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(1) The following unearned income is not counted when comparing the filing unit's gross monthly income and net monthly income to the applicable GMI and NMI standards:

(a) complementary assistance from other agencies and organizations which consists of:

(i) goods and services not intended to be covered by the TANF cash assistance grant; or

(ii) a supplement to TANF cash assistance payments for a different purpose;

(b) agent orange settlement payments;

(c) undergraduate student loans and grants for educational purposes such as Pell grants, supplemental educational opportunity grants, state student incentive grants, college work study, BIA assistance, veterans financial assistance or university year for action (UYA) ;

(d) low income energy assistance payments (LIEAP) ;

(e) the value of the food stamp coupon allotment;

(f) the value of U.S. department of agriculture donated foods;

(g) any benefits received under Title VII of the nutrition program for the elderly of the Older Americans Act of 1965 as amended;

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

(i) all monies awarded to Indian tribes by the Indian claims commission or court of claims as authorized by P.L. 92-254, 93-134, 94-114, and 94-540;

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

(k) any contribution made by relatives or others on behalf of the filing unit which is not directly available to the filing unit;

(l) the tax exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act, P.L. 92-203;

(m) all payments under Title I of the Elementary and Secondary Education Act;

(n) incentive payments or reimbursement of training related expenses made to participants in the work component of the TANF program;

(o) payments for supportive services or reimbursement of out-of-pocket expenses made to individual volunteers serving as foster grandparents, senior health aides, or senior companions, and to persons serving in the service corps of the retired executives and active corps of executives and any other program under Titles II and III of P.L. 93-113;

(p) payments to individual volunteers in service to America (VISTA) volunteers under Title I of P.L. 93-113, pursuant to section 404(g) of that law;

(q) small nonrecurring gifts such as those for Christmas, birthdays, and graduation, up to $30 per member of the filing unit in any period of three consecutive calendar months; and

(r) monetary allowances for certain children of Vietnam veterans as described in Administration for Children and Families (ACF) issuance IM-03-02 dated May 8, 2003.

(2) Income tax refunds are not considered as either earned or unearned income but are considered a resource to the filing unit.

History: Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201 and 53-6-131, MCA; NEW, 1999 MAR p. 1514, Eff. 7/2/99; AMD, 2003 MAR p. 1196, Eff. 6/13/03.

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