Exclusions from Income when Determining LIHEAP Eligibility
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2010-7, DATED 5/6/10
TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
GRANTEES AND OTHER INTERESTED PARTIES
SUBJECT: Exclusions from Income when Determining LIHEAP
Eligibility
RELATED
REFERENCES: The Low-Income Home Energy Assistance Act, Title
XXVI of the Omnibus Budget Reconciliation Act of
1981, (Public Law 97-35), as amended; the American
Recovery and Reinvestment Act of 2009, (Public Law
111-5); and LIHEAP IM-2010-1.
PURPOSE: To advise grantees of additional exclusions from
income required through the American Recovery and
Reinvestment Act of 2009 when determining income
eligibility for LIHEAP recipients, and to provide
a list compiled by the Social Security
Administration of Federal benefits and other
resources that should be excluded from income when
determining income eligibility.
BACKGROUND: Section 2605(b)(2) of the LIHEAP statute
identifies those households who may be eligible to
receive LIHEAP assistance. The statute provides
grantees with the flexibility to include as
eligible all of those households identified in the
law, or to limit eligible households to a smaller
group. Although the law allows categorical
eligibility (such as those households receiving
assistance through TANF), grantees must also offer
eligibility to households on the basis of income,
as required by Section 2605(b)(8) of the LIHEAP
statute.
The LIHEAP statute does not specify what types of
household income should be counted when
determining income eligibility. What will be
counted as income is left to each LIHEAP grantee
to determine, except for those program benefits
and resources that are mandated to be excluded
from income when determining eligibility for
Federal programs.
CONTENT: The American Recovery and Reinvestment Act (ARRA)
identifies additional exclusions from income
relating to unemployment compensation payments and
payments to recipients of Social Security,
Supplemental Security Income, Railroad Retirement
Benefits, and Veterans Disability Compensation for
Pension Benefits.
Increase in Unemployment Compensation Benefits
Section 2002(b)(1) of the Assistance for Unemployed
Workers and Struggling Families Act, Public Law
111-5, Title II, Subtitle C, provides:
[T]he amount of regular compensation (including
dependents' allowances) payable for any week
shall be equal to the amount determined under
the State law. plus an additional $25.
With regard to the additional $25 payment provided
above, an exclusion from income for certain
programs is provided below.
Section 2002(h) of Public Law 111-5, Title II,
Subtitle C, provides:
The monthly equivalent of any additional
compensation paid under this section shall be
disregarded in considering the amount of income
of an individual for any purposes under title
XIX and title XXI of the Social Security Act.
The additional $25 compensation is explicitly
exempted from income determinations only for the
Medicaid and SCHIP programs. Therefore, it will be
at the State's discretion whether or not to count
this additional benefit as income for purposes of
determining income eligibility for the LIHEAP
program.
Economic Recovery Payments to Certain Individuals
Section 2201(a)(1)(A) of Public Law 111-5, Title
II, Subtitle C, provides payments to recipients of
Social Security, Supplemental Security Income,
Railroad Retirement Benefits, and Veterans
Disability Compensation for Pension Benefits and
provides:
[T]he Secretary of the Treasury shall disburse
a $250 payment to each individual who, for any
month during the 3-month period ending with the
month which ends prior to the month that
includes the date of the enactment of this Act,
is entitled to a benefit payment described in
clause (i), (ii), or (iii) of subparagraph (B)
or is eligible for a SSI cash benefit describe
in sub paragraph (C).
Section 2201(c)(1) of Public Law 111-5, Title II,
Subtitle C, provides:
A payment under subsection (a) shall not be
regarded as income and shall not be regarded as
a resource for the month of receipt and the
following 9 months, for purposes of determining
the eligibility of the recipient (or the
recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits
or assistance, under any Federal program or
under any State or local program financed in
whole or in part with Federal funds.
Therefore, the $250 payment shall not be considered
income or a resource when determining income
eligibility for LIHEAP within the time period
specified above.
Other Income Exclusions
The Social Security Administration periodically
compiles a list of Federal benefits and resources
that shall be excluded from income. This list may
be helpful for LIHEAP grantees when determining
exclusions from income for LIHEAP households. We
are providing the list as an attachment. You may
also access the list from the Social Security
Administration's website at:
http://www.socialsecurity.gov/OP_Home/cfr20/418/418-3325.htm.
INQUIRIES TO: Ms. Charlotte Abney
Energy Assistance Program Specialist
Division of Energy Assistance
Office of Community Services, ACF, HHS
370 L'Enfant Promenade, S.W.
Washington, D.C. 20447
Telephone: (202) 401-5334
Fax: (202) 401-5661
ATTACHMENT: Social Security Administration's List of Income Exclusions
______________/s_____________
Nick St. Angelo
Director
Division of Energy Assistance
Office of Community Services
