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Child Care Assistance - Excluded Income - Oklahoma

The following sources of income are excluded in determining a household's eligibility for child care services. No other income is excluded.

· Lump sum payments. Both one-time and recurring lump sum payments may be excluded

· In-kind income. In-kind income is defined as any gain or benefit which is not in the form of money payable directly to the household.

· Money received from the sale of property. Money received from the sale of property such as stocks, bonds, a house, or a car is excluded. This exclusion does not apply if the person is engaged in the business of selling such property.

· Bank or trust account withdrawals. Money withdrawn from a bank or trust account is excluded as income even if used to meet current living expenses.

· Capital gains. The proceeds from the sale of capital goods or equipment is excluded.

· Earnings of children. Earnings of an individual under 18 years of age who is considered a child in the case is excluded as long as the child is attending school regularly. This exclusion continues to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment resumes following the break.

· Irregular income. Any income received too infrequently or irregularly to be reasonably anticipated is not counted unless it is in excess of $30 per calendar quarter.

· Reimbursements. Reimbursements for past or future expenses to the extent they do not exceed actual expenses are excluded.

· Tax refunds. Federal or state income tax refunds, including the Earned Income Credit advance payment that is received monthly, are excluded.

· Money received for third parties. Money received and used for the care and maintenance of a third party beneficiary who is not a household member is not considered.

· Loans. All loans, including loans from private as well as commercial institutions, other than educational loans where repayment is deferred is excluded. Verification that the income is a loan is required.

· Grants. Grants obtained and used under conditions that preclude their use for current living costs is excluded.

· Educational assistance. Any grant or loan to an undergraduate student for educational assistance made or insured under any program administered by the Commissioner of Education under the Higher Education Act is not considered. Work study income is also exempt. Scholarship money specifically earmarked for books, tuition, fees, and other education expenses is also excluded.

· Stipends. Stipends paid to students participating in the Indian Vocational Education Program through the Carl D. Perkins Vocational and Applied Technology Education Act is excluded.

· IV-E Adoption Subsidy. Money received for payment of and reimbursement for expenses for the IV-E Adoption Subsidy program is excluded.

· Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE). Payment 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 SCORE and ACE is not considered.

· Government rent or housing subsidies. Government rent or housing subsidies by government agencies that is received in-kind or in cash for rent, mortgage payments, or utilities is not considered.

· Income excluded by federal law. Income excluded by federal law is defined as:

o    payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970;

o    payments received under the Alaska Natives Claims Settlement Act [P.L. 92-203, Sec. 21 (a)], under the Sac and Fox Indian Claims Agreement [P.L. 94-189], from the disposition of funds to the Grand River Band of Ottawa Indians [P.L. 94-540], by members of the Confederated Tribes of the Mescalero Reservation [P.L. 95-433], or under the Maine Indian Claims Settlement Act of 1980 to members of the Passamaquoddy and the Penobscot Nation [P.L. 96-420];

o    any payment to volunteers under Title II, Retired and Senior Volunteer Program, Foster Grandparents and others, of the Domestic Volunteer Services Act of 1973 [P.L. 93-113] as amended. Payments under Title I of that Act, Volunteers in Service To America, University Year for Action, and Urban Crime Prevention Program, to volunteers are excluded only if the monthly amount, when converted to an hourly rate, is less than the State's minimum wage;

o    income derived from sub-marginal land of the United States which is held in trust for certain Indian tribes [P.L. 94-114, Sec. 6];

o    Indian payments, which include judgment funds or funds held in trust, distributed per capita by the Secretary of the Interior of the Bureau of Indian Affairs or distributed by the tribe subject to approval by the Secretary of the Interior. Also, any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds. Any income from mineral leases, from tribal businesses investments, and the like, as long as the payments are paid per capita. For purposes of this paragraph, per capita is defined as each tribal member receiving an equal amount. However, any interest or income derived from the principal or produced by purchases made with the funds after distribution is considered as any other income;

o    income up to $2,000 per year received by individual Indians, which is derived from leases or other uses of individually-owned trust or restricted lands is not counted as income. The income exclusion applies to calendar years beginning January 1, 1994. Any remaining disbursements from the trust or restricted lands are considered as income;

o    allowances, earnings, and payments received by a child(ren) in the household from a program funded by the Job Training and Partnership Act including Job Corps income;

o    payments, allowances, or earnings to individuals participating in programs under Title I of the National and Community Service Trust Act of 1993. Title I includes three Acts: Serve-America, The Community Service, Schools and Service-Learning Act of 1990, the American Conservation and Youth Service Corps Act of 1990, and the National and Community Service Act. Most of the payments are made as a weekly stipend or for educational assistance. The Higher Education Service-Learning Program and the AmeriCorps Umbrella Program come under this Title. This includes AmeriCorp income;

o    payments or allowances made under any federal law for the purpose of energy assistance, Low Income Home Energy Assistance Program, and also utility payments and reimbursements made by the Department of Housing and Urban Development and the Farmers Home Administration;

o    the amount of the mandatory salary reduction of military service personnel used to fund the G.I. Bill;

o    all funds paid to individuals under the Community Service Employment Program under Title V [P.L. 100-175]. This program is authorized by the Older Americans Act. Each State and eight organizations receive some Title V funds. These organizations include:

§     Green Thumb;

§     National Council on Aging;

§     National Council of Senior Citizens;

§     American Association of Retired Persons;

§     U.S. Forest Service;

§     National Association for Spanish Speaking;

§     National Urban League; and

§     National Council on Black Aging.

· Earned Income Tax Credit (EITC) payments received as part of a tax refund and also EITC advance payments received as part of a paycheck;

· Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement In Re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);

· Payments received under the Civil Liberties Act of 1988;

· Payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from exposure to radiation from nuclear testing and uranium mining;

· Payments for the fulfillment of a Plan for Achieving Self-Support under Title XVI of the Social Security Act;

· Payments made to individuals because of their status as victims of Nazi persecution;

· Payments made for the Experimental Housing Allowance Program under Annual Contributions Contracts entered into prior to January 1, 1975, under Section 23 of the U.S. Housing Act of 1937 as amended;

· Allowances paid to a child(ren), including an adult child(ren), of a Vietnam veteran for any disability resulting from spina bifida suffered by such child(ren) made under Title IV of the Department of Veteran Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act of 1997 [P.L. 104-204, Section 1805(d)];

· Federal major disaster and emergency assistance provided under the Disaster Relief Act of 1974, and comparable disaster assistance provided by states, local governments, and disaster assistance organizations;

· The value of the food stamp allotment under the Food Stamp Act of 1977; and

· The value of supplemental food assistance under the Child Nutrition Act of 1966 and the special food services program for children under the National School Lunch Act of 1970, both as amended by the Omnibus Budget Reconciliation Act of 1981.

See:

Child Care Assistance -Financial Eligibility - Oklahoma

Child Care Assistance Eligibility

Child Care Eligibility/Rates Schedule. (Requires Acrobat Reader)

Child Care Assistance Overview

Welcome and Introduction to Benefits in Oklahoma

Source:

OK Department of Human Services Policy

· 340:40-7-12, Sources of income not considered

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