Appendix to Subpart K of Part 416 - List of Types of Income Excluded Under the SSI Program as Provided by Federal Laws Other Than the Social Security Act
20:2.0.1.1.9.11.432.45.13 :
Appendix to Subpart K of Part 416 - List of Types of Income
Excluded Under the SSI Program as Provided by Federal Laws Other
Than the Social Security Act
Many Federal statutes in addition to the Social Security Act
provide assistance or benefits for individuals and specify that the
assistance or benefit will not be considered in deciding
eligibility for SSI. We have listed these statutes in this appendix
and have placed them in categories according to the kind of income
or assistance they provide. The list gives the name of the Federal
statute (where possible), the public law number, and the citation.
Each item briefly describes what the statute provides that will not
reduce or eliminate an SSI payment. More detailed information is
available from a social security office or by reference to the
statutes.
We update this list periodically. However, when new Federal
statutes of this kind are enacted, or existing statutes are
changed, we apply the law currently in effect, even before this
appendix is updated.
I. Food
(a) Value of food coupons under the Food Stamp Act of 1977,
section 1301 of Pub. L. 95-113 (91 Stat. 968, 7 U.S.C.
2017(b)).
(b) Value of federally donated foods distributed under section
32 of Pub. L. 74-320 (49 Stat. 774) or section 416 of the
Agriculture Act of 1949 (63 Stat. 1058, 7 CFR 250.6(e)(9)).
(c) Value of free or reduced price food for women and children
under the -
(1) Child Nutrition Act of 1966, section 11(b) of Pub. L. 89-642
(80 Stat. 889, 42 U.S.C. 1780(b)) and section 17 of that Act as
added by Pub. L. 92-433 (86 Stat. 729, 42 U.S.C. 1786); and
(2) National School Lunch Act, section 13(h)(3), as amended by
section 3 of Pub. L. 90-302 (82 Stat. 119, 42 U.S.C.
1761(h)(3)).
(d) Services, except for wages paid to residents who assist in
providing congregate services such as meals and personal care,
provided a resident of an eligible housing project under a
congregate services program under section 802 of the
Cranston-Gonzales National Affordable Housing Act, Public Law
101-625 (104 Stat. 4313, 42 U.S.C. 8011).
II. Housing and Utilities
(a) Assistance to prevent fuel cut-offs and to promote energy
efficiency under the Emergency Energy Conservation Services Program
or the Energy Crisis Assistance Program as authorized by section
222(a)(5) of the Economic Opportunity Act of 1964, as amended by
section 5(d)(1) of Pub. L. No. 93-644 and section 5(a)(2) of Pub.
L. 95-568 (88 Stat. 2294 as amended, 42 U.S.C. 2809(a)(5)).
(b) Home energy assistance payments or allowances under title
XXVI of the Omnibus Budget Reconciliation Act of 1981, Public Law
97-35, as amended (42 U.S.C. 8624(f)).
Note:
This exclusion applies to a sponsor's income only if the alien
is living in the housing unit for which the sponsor receives the
home energy assistance payments or allowances.
(c) Value of any assistance paid with respect to a dwelling unit
under -
(1) The United States Housing Act of 1937;
(2) The National Housing Act;
(3) Section 101 of the Housing and Urban Development Act of
1965; or
(4) Title V of the Housing Act of 1949.
Note:
This exclusion applies to a sponsor's income only if the alien
is living in the housing unit for which the sponsor receives the
housing assistance.
(d) Payments for relocating, made to persons displaced by
Federal or federally assisted programs which acquire real property,
under section 216 of Pub. L. 91-646, the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (84
Stat. 1902, 42 U.S.C. 4636).
III. Education and Employment
(a) Grants or loans to undergraduate students made or insured
under programs administered by the Secretary of Education under
section 507 of the Higher Education Amendments of 1968, Pub. L.
90-575 (82 Stat. 1063).
(b) Any wages, allowances, or reimbursement for transportation
and attendant care costs, unless excepted on a case-by-case basis,
when received by an eligible handicapped individual employed in a
project under title VI of the Rehabilitation Act of 1973 as added
by title II of Pub. L. 95-602 (92 Stat. 2992, 29 U.S.C.
795(b)(c)).
(c) Student financial assistance for attendance costs received
from a program funded in whole or in part under title IV of the
Higher Education Act of 1965, as amended, or under Bureau of Indian
Affairs student assistance programs if it is made available for
tuition and fees normally assessed a student carrying the same
academic workload, as determined by the institution, including
costs for rental or purchase of any equipment, materials, or
supplies required of all students in the same course of study and
an allowance for books, supplies, transportation, and miscellaneous
personal expenses for a student attending the institution on at
least a half-time basis, as determined by the institution, under
section 14(27) of Public Law 100-50, the Higher Education Technical
Amendments Act of 1987 (20 U.S.C. 1087uu).
IV. Native Americans
(a) Types of Payments Excluded Without Regard to Specific
Tribes or Groups -
(1) Indian judgment funds that are held in trust by the
Secretary of the Interior or distributed per capita pursuant to a
plan prepared by the Secretary of the Interior and not disapproved
by a joint resolution of the Congress under Public Law 93-134 as
amended by section 4 of Public Law 97-458 (96 Stat. 2513, 25 U.S.C.
1408). Indian judgment funds include interest and investment income
accrued while such funds are so held in trust. This exclusion
extends to initial purchases made with Indian judgment funds. This
exclusion does not apply to sales or conversions of initial
purchases or to subsequent purchases.
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(2) All funds held in trust by the Secretary of the Interior for
an Indian tribe and distributed per capita to a member of that
tribe are excluded from income under Public Law 98-64 (97 Stat.
365, 25 U.S.C. 117b). Funds held by Alaska Native Regional and
Village Corporations (ANRVC) are not held in trust by the Secretary
of the Interior and therefore ANRVC dividend distributions are not
excluded from countable income under this exclusion. For ANRVC
dividend distributions, see paragraph IV.(a)(3) of this
appendix.
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(3) Distributions received by an individual Alaska Native or
descendant of an Alaska Native from an Alaska Native Regional and
Village Corporation pursuant to the Alaska Native Claims Settlement
Act, as follows: cash, including cash dividends on stock received
from a Native Corporation, to the extent that it does not, in the
aggregate, exceed $2,000 per individual each year; stock, including
stock issued or distributed by a Native Corporation as a dividend
or distribution on stock; a partnership interest; land or an
interest in land, including land or an interest in land received
from a Native Corporation as a dividend or distribution on stock;
and an interest in a settlement trust. This exclusion is pursuant
to section 15 of the Alaska Native Claims Settlement Act Amendments
of 1987, Public Law 100-241 (101 Stat. 1812, 43 U.S.C. 1626(c)),
effective February 3, 1988.
Note:
This exclusion does not apply in deeming income from sponsors to
aliens.
(4) Up to $2,000 per year received by Indians that is derived
from individual interests in trust or restricted lands under
section 13736 of Public Law 103-66 (107 Stat. 663, 25 U.S.C. 1408,
as amended).
(b) Payments to Members of Specific Indian Tribes and
Groups -
(1) Per capita payments to members of the Red Lake Band of
Chippewa Indians from the proceeds of the sale of timber and lumber
on the Red Lake Reservation under section 3 of Public Law 85-794
(72 Stat. 958).
(2) Per capita distribution payments by the Blackfeet and Gros
Ventre tribal governments to members which resulted from judgment
funds to the tribes under section 4 of Public Law 92-254 (86 Stat.
65) and under section 6 of Public Law 97-408 (96 Stat. 2036).
(3) Settlement fund payments and the availability of such funds
to members of the Hopi and Navajo Tribes under section 22 of Public
Law 93-531 (88 Stat. 1722) as amended by Public Law 96-305 (94
Stat. 929).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(4) Judgment funds distributed per capita to, or held in trust
for, members of the Sac and Fox Indian Nation, and the availability
of such funds under section 6 of Public Law 94-189 (89 Stat.
1094).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(5) Judgment funds distributed per capita to, or held in trust
for, members of the Grand River Band of Ottawa Indians, and the
availability of such funds under section 6 of Public Law 94-540 (90
Stat. 2504).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(6) Any judgment funds distributed per capita to members of the
Confederated Tribes and Bands of the Yakima Indian Nation or the
Apache Tribe of the Mescalero Reservation under section 2 of Public
Law 95-433 (92 Stat. 1047, 25 U.S.C. 609c-1).
(7) Any judgment funds distributed per capita or made available
for programs for members of the Delaware Tribe of Indians and the
absentee Delaware Tribe of Western Oklahoma under section 8 of
Public Law 96-318 (94 Stat. 971).
(8) All funds and distributions to members of the Passamaquoddy
Tribe, the Penobscot Nation, and the Houlton Band of Maliseet
Indians under the Maine Indian Claims Settlement Act, and the
availability of such funds under section 9 of Public Law 96-420 (94
Stat. 1795, 25 U.S.C. 1728(c)).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(9) Any distributions of judgment funds to members of the San
Carlos Apache Indian Tribe of Arizona under section 7 of Public Law
93-134 (87 Stat. 468) and Public Law 97-95 (95 Stat. 1206).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(10) Any distribution of judgment funds to members of the
Wyandot Tribe of Indians of Oklahoma under section 6 of Public Law
97-371 (96 Stat. 1814).
(11) Distributions of judgment funds to members of the Shawnee
Tribe of Indians (Absentee Shawnee Tribe of Oklahoma, the Eastern
Shawnee Tribe of Oklahoma and the Cherokee Band of Shawnee
descendants) under section 7 of Public Law 97-372 (96 Stat.
1816).
(12) Judgment funds distributed per capita or made available for
programs for members of the Miami Tribe of Oklahoma and the Miami
Indians of Indiana under section 7 of Public Law 97-376 (96 Stat.
1829).
(13) Distributions of judgment funds to members of the Clallam
Tribe of Indians of the State of Washington (Port Gamble Indian
Community, Lower Elwha Tribal Community and the Jamestown Band of
Clallam Indians) under section 6 of Public Law 97-402 (96 Stat.
2021).
(14) Judgment funds distributed per capita or made available for
programs for members of the Pembina Chippewa Indians (Turtle
Mountain Band of Chippewa Indians, Chippewa Cree Tribe of Rocky
Boy's Reservation, Minnesota Chippewa Tribe, Little Shell Band of
the Chippewa Indians of Montana, and the nonmember Pembina
descendants) under section 9 of Public Law 97-403 (96 Stat.
2025).
(15) Per capita distributions of judgment funds to members of
the Assiniboine Tribe of Fort Belknap Indian Community and the
Papago Tribe of Arizona under sections 6 and 8(d) of Public Law
97-408 (96 Stat. 2036, 2038).
(16) Up to $2,000 of per capita distributions of judgment funds
to members of the Confederated Tribes of the Warm Springs
Reservation under section 4 of Public Law 97-436 (96 Stat.
2284).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(17) Judgment funds distributed to the Red Lake Band of Chippewa
Indians under section 3 of Public Law 98-123 (97 Stat. 816).
(18) Funds distributed per capita or family interest payments
for members of the Assiniboine Tribe of Fort Belknap Indian
Community of Montana and the Assiniboine Tribe of the Fort Peck
Indian Reservation of Montana under section 5 of Public Law 98-124
(97 Stat. 818).
(19) Distributions of judgment funds and income derived
therefrom to members of the Shoalwater Bay Indian Tribe under
section 5 of Public Law 98-432 (98 Stat. 1672).
(20) All distributions to heirs of certain deceased Indians
under section 8 of the Old Age Assistance Claims Settlement Act,
Public Law 98-500 (98 Stat. 2319).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(21) Judgment funds distributed per capita or made available for
any tribal program for members of the Wyandotte Tribe of Oklahoma
and the Absentee Wyandottes under section 106 of Public Law 98-602
(98 Stat. 3151).
(22) Per capita and dividend payment distributions of judgment
funds to members of the Santee Sioux Tribe of Nebraska, the
Flandreau Santee Sioux Tribe, the Prairie Island Sioux, Lower
Sioux, and Shakopee Mdewakanton Sioux Communities of Minnesota
under section 8 of Public Law 99-130 (99 Stat. 552) and section 7
of Public Law 93-134 (87 Stat. 468), as amended by Public Law
97-458 (96 Stat. 2513; 25 U.S.C. 1407).
(23) Funds distributed per capita or held in trust for members
of the Chippewas of Lake Superior and the Chippewas of the
Mississippi under section 6 of Public Law 99-146 (99 Stat.
782).
(24) Distributions of claims settlement funds to members of the
White Earth Band of Chippewa Indians as allottees, or their heirs,
under section 16 of Public Law 99-264 (100 Stat. 70).
(25) Payments or distributions of judgment funds, and the
availability of any amount for such payments or distributions, to
members of the Saginaw Chippewa Indian Tribe of Michigan under
section 6 of Public Law 99-346 (100 Stat. 677).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(26) Judgment funds distributed per capita or held in trust for
members of the Chippewas of Lake Superior and the Chippewas of the
Mississippi under section 4 of Public Law 99-377 (100 Stat.
805).
(27) Judgment funds distributed to members of the Cow Creek Band
of Umpqua Tribe of Indians under section 4 of Public Law 100-139
(101 Stat. 822).
(28) Per capita payments of claims settlement funds to members
of the Coushatta Tribe of Louisiana under section 2 of Public Law
100-411 (102 Stat. 1097) and section 7 of Public Law 93-134 (87
Stat. 468), as amended by Public Law 97-458 (96 Stat. 2513; 25
U.S.C. 1407).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(29) Funds distributed per capita for members of the Hoopa
Valley Indian Tribe and the Yurok Indian Tribe under sections 4, 6
and 7 of Public Law 100-580 (102 Stat. 2929, 2930, 2931) and
section 3 of Public Law 98-64 (97 Stat. 365; 25 U.S.C. 117b).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(30) Judgment funds held in trust by the United States,
including interest and investment income accruing on such funds,
and judgment funds made available for programs or distributed to
members of the Wisconsin Band of Potawatomi (Hannahville Indian
Community and Forest County Potawatomi) under section 503 of Public
Law 100-581 (102 Stat. 2945).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(31) All funds, assets, and income from the trust fund
transferred to the members of the Puyallup Tribe under section 10
of the Puyallup Tribe of Indians Settlement Act of 1989, Public Law
101-41 (103 Stat. 88, 25 U.S.C. 1773h(c)).
Note:
This exclusion does not apply in deeming income from sponsors to
aliens.
(32) Judgment funds distributed per capita, or held in trust, or
made available for programs, for members of the Seminole Nation of
Oklahoma, the Seminole Tribe of Florida, the Miccosukee Tribe of
Indians of Florida and the independent Seminole Indians of Florida
under section 8 of Public Law 101-277 (104 Stat. 145).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(33) Payments, funds, distributions, or income derived from them
to members of the Seneca Nation of New York under section 8(b) of
the Seneca Nation Settlement Act of 1990, Public Law 101-503 (104
Stat. 1297, 25 U.S.C. 1774f).
Note:
This exclusion does not apply in deeming income from sponsors to
aliens.
(34) Per capita distributions of settlement funds under section
102 of the Fallon Paiute Shoshone Indian Tribes Water Rights
Settlement Act of 1990, Public Law 101-618 (104 Stat. 3289) and
section 7 of Public Law 93-134 (87 Stat. 468), as amended by Public
Law 97-458 (96 Stat. 2513; 25 U.S.C. 1407).
(35) Settlement funds, assets, income, payments, or
distributions from Trust Funds to members of the Catawba Indian
Tribe of South Carolina under section 11(m) of Public Law 103-116
(107 Stat. 1133).
(36) Settlement funds held in trust (including interest and
investment income accruing on such funds) for, and payments made
to, members of the Confederated Tribes of the Colville Reservation
under section 7(b) of Public Law 103-436 (108 Stat. 4579).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(37) Judgment funds distributed under section 111 of the
Michigan Indian Land Claims Settlement Act, (Pub. L. 105-143, 111
Stat. 2665).
(38) Judgment funds distributed under section 4 of the Cowlitz
Indian Tribe Distribution of Judgment Funds Act, (Pub. L. 108-222,
118 Stat. 624).
(c) Receipts from Lands Held in Trust for Certain Tribes or
Groups -
(1) Receipts from land held in trust by the Federal government
and distributed to members of certain Indian tribes under section 6
of Public Law 94-114 (89 Stat. 579, 25 U.S.C. 459e).
Note:
This exclusion applies to the income of sponsors of aliens only
if the alien lives in the sponsor's household.
(2) Receipts derived from trust lands awarded to the Pueblo of
Santa Ana and distributed to members of that tribe under section 6
of Public Law 95-498 (92 Stat. 1677).
(3) Receipts derived from trust lands awarded to the Pueblo of
Zia of New Mexico and distributed to members of that tribe under
section 6 of Public Law 95-499 (92 Stat. 1680).
V. Other
(a) Compensation provided to volunteers by the Corporation for
National and Community Service (CNCS), unless determined by the
CNCS to constitute the minimum wage in effect under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), or applicable
State law, pursuant to 42 U.S.C. 5044(f)(1).
Note:
This exclusion does not apply to the income of sponsors of
aliens.
(b) Any assistance to an individual (other than wages or
salaries) under the Older Americans Act of 1965, as amended by
section 102(h)(1) of Pub. L. 95-478 (92 Stat. 1515, 42 U.S.C.
3020a).
(c) Amounts paid as restitution to certain individuals of
Japanese ancestry and Aleuts for losses suffered as a result of
evacuation, relocation, and internment during World War II, under
the Civil Liberties Act of 1988 and the Aleutian and Pribilof
Islands Restitution Act, sections 105(f) and 206(d) of Public Law
100-383 (50 U.S.C. App. 1989 b and c).
(d) Payments made on or after January 1, 1989, from the Agent
Orange Settlement Fund or any other fund established pursuant to
the settlement in the In Re Agent Orange product liability
litigation, M.D.L. No. 381 (E.D.N.Y.) under Public Law 101-201 (103
Stat. 1795) and section 10405 of Public Law 101-239 (103 Stat.
2489).
(e) Payments made under section 6 of the Radiation Exposure
Compensation Act, Public Law 101-426 (104 Stat. 925, 42 U.S.C.
2210).
(f) The value of any child care provided or arranged (or any
payment for such care or reimbursement for costs incurred for such
care) under the Child Care and Development Block Grant Act, as
amended by section 8(b) of Public Law 102-586 (106 Stat. 5035).
(g) Payments made to individuals because of their status as
victims of Nazi persecution excluded pursuant to section 1(a) of
the Victims of Nazi Persecution Act of 1994, Public Law 103-286
(108 Stat. 1450).
(h) Any matching funds from a demonstration project authorized
by the Community Opportunities, Accountability, and Training and
Educational Services Act of 1998 (Pub. L. 105-285) and any interest
earned on these matching funds in an Individual Development
Account, pursuant to section 415 of Pub. L. 105-285 (112 Stat.
2771).
(i) Any earnings, Temporary Assistance for Needy Families
matching funds, and interest in an Individual Development Account,
pursuant to section 103 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193, 42 U.S.C.
604(h)(4)).
(j) Payments made to individuals who were captured and interned
by the Democratic Republic of Vietnam as a result of participation
in certain military operations, pursuant to section 606 of the
Departments of Labor, Health and Human Services and Education and
Related Agencies Appropriations Act of 1996 (Pub. L. 105-78).
(k) Payments made to certain Vietnam veterans' children with
spina bifida, pursuant to section 421 of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act of 1997 (Pub. L. 104-204, 38 U.S.C.
1805(a)).
(l) Payments made to the children of women Vietnam veterans who
suffer from certain birth defects, pursuant to section 401 of the
Veterans Benefits and Health Care Improvement Act of 2000 (Pub. L.
106-419 (38 U.S.C. 1833(c)).
(m) Payments of the refundable child tax credit made under
section 24 of the Internal Revenue Code of 1986, pursuant to
section 203 of the Economic Growth and Tax Relief Reconciliation
Act of 2001, Public Law 107-16 (115 Stat. 49, 26 U.S.C. 24
note).
(n) Assistance provided for flood mitigation activities as
provided under section 1324 of the National Flood Insurance Act of
1968, pursuant to section 1 of Public Law 109-64 (119 Stat. 1997,
42 U.S.C. 4031).
(o) Payments made to individuals under the Energy Employees
Occupational Illness Compensation Program Act of 2000, pursuant to
section 1 [Div. C, Title XXXVI section 3646] of Public Law 106-398
(114 Stat. 1654A-510, 42 U.S.C. 7385e).
[45 FR 65547, Oct. 3, 1980, as amended at 52 FR 8888, Mar. 20,
1987; 57 FR 53851, Nov. 13, 1992; 57 FR 55088, Nov. 24, 1992; 59 FR
8538, Feb. 23, 1994; 62 FR 30982, June 6, 1997; 70 FR 41137, July
18, 2005; 75 FR 1273, Jan. 11, 2010]