TN 74 (11-12)
SI 00835.331 Treatment of Home Energy Assistance (HEA) and Support and Maintenance Assistance (SMA) in Determinations of Inside In-kind Support and Maintenance (ISM) and Cash from Within a Household
20 CFR 416.1157
A. Policy for HEA and SMA
SMA is assistance provided in cash or in-kind to meet food or shelter needs and it includes HEA. Exclude cash HEA or SMA from income per SI 00830.605 Home Energy Assistance and Support and Maintenance Assistance (HEA/SMA) if the appropriate State Agency certifies in writing that HEA or SMA are both:
based on need and provided by a supplier of home heating oil or gas,
a rate-of-return entity providing home energy, or
a municipal utility providing home energy.
These may be, for example, payments for utility service or bulk fuels. This section concerns the treatment, in determinations of inside ISM and cash from within a household, of cash HEA or SMA that we exclude from income in accordance with SI 00830.605 Home Energy Assistance and Support and Maintenance Assistance (HEA/SMA).
NOTE: Cash HEA or SMA that we exclude from income will not result in a reduction or denial of supplemental security income SSI payments.
B. Procedure for computing ISM or cash income when HEA or SMA is involved
1. Inside ISM
In computing inside ISM for a month in which any member of a household receives excluded cash HEA or SMA, determine household expenses for the month by subtracting the amount of the excluded cash HEA or SMA from the average household expenses determined per SI 00835.465 through SI 00835.475.
2. Cash from within a household
In computing cash income from within a household for a month in which any member of the household receives excluded cash HEA or SMA, subtract the amount of the excluded cash HEA or SMA from total household contributions. See policy in SI 00835.450 Cash Income from Within and from Outside Households.
3. Household member contributions
For the purpose of determining what a household member contributes toward payment of household expenses for a month, in which he or she receives excluded cash HEA or SMA, his or her contribution can include the excluded cash HEA or SMA received that month. (In other words, do not reduce a recipient’s contribution by the cash HEA or SMA received as done when determining average household expenses or total household contributions.)
C. Examples of inside ISM and cash from within a household
1. Inside ISM with HEA
Edna Clark, an eligible recipient, lives with three other adults in a home she owns (it is not a public assistance household). Each month, Ms. Clark receives $100 in cash from the ABC Fuel Co. to help pay the household's water and electric bills. Development per SI 00830.605 Home Energy Assistance and Support and Maintenance Assistance (HEA/SMA) results in a determination that the $100 is excludable HEA.
Average household expenses are $900. Ms. Clark contributes $200. The other members of the household contribute a total of $800.
In determining household expenses for the purpose of computing inside ISM, we subtract the $100 in excluded cash HEA from the average household expenses of $900, leaving a balance of $800. Since Ms. Clark contributes $200, her pro rata share of the $800, she receives no inside ISM.
2. Cash from within a household with HEA
The circumstances are the same as in the preceding example. Average household expenses are $900; Ms. Clark receives $100 in excluded cash HEA and contributes $200. The other household members contribute $800, for a total of $1,000 in household contributions.
In determining total contributions for the purpose of computing cash income from within the household, we subtract the $100 in excluded cash HEA from the actual total of $1,000, leaving a balance of $900. Since this does not exceed total household expenses, Ms. Clark receives no cash income from within the household.