TN 4 (03-05)
Some items received by an individual are not income because they do not meet the definition of income in SI 00810.005. Other items are income by definition but are excluded from an individual’s income by Federal statute (see SI 00830.099 – Guide to Unearned Income Exclusions).
The adjudicator must distinguish between an item which is not income by definition
and an item which is excluded from income by Federal statute. The field office can
determine if an item does not meet the definition of income using the policy below.
Only those items specifically listed in the law and regulations as income exclusions
can be excluded from income.
An item received is not income if:
it is neither food nor shelter; or
it cannot be used to obtain food or shelter.
REMINDER: Even when an item is not income, it subject to evaluation as a resource when it is
retained as of the first moment of the month after the month of receipt (See SI 01110.600.).
NOTE: See SI 00835.400 for in-kind support and maintenance policy and procedures pertaining to this regulation
Prior to a regulation change on 03/09/2005, the SSI definition of what is not income
included “clothing” as follows:
An item received is not income if it is not food, clothing, or shelter or it cannot be used to obtain food, clothing, or shelter.
In evaluating whether or not an item meets the definition of income, determine if
the item is:
Food or shelter; or
Something the individual can use to obtain food or shelter.
An item is not income if it does not meet either of the above criteria. However when developing income
for a period prior to 03/09/05, “clothing” must be considered when determining if
an item meets the definition of income.
Do not document the receipt of those items listed in this subchapter which are not
Documentation is required by specific operating instructions elsewhere (e.g., rebates
and refunds in SI 00815.250); or
It is material to an eligibility determination or payment computation (e.g., unstated
income development in SI 00810.035).
SI 00810.025, Effects of Garnishment
SI 00820.102, Cafeteria Benefit Plans
SI 00830.099, Guide to Unearned Income Exclusions
SI 00835.400, ISM to One Person