SI 01320.105 Deeming - Income Excluded by Federal Statute - Policy Principle

Authority: Act, Sec. 1614(f), as amended, Sec. 1621. Regulations 20 CFR 416.1161(a)(1), (b), (c), (d), and Appendix to Subpart K

Income excluded under a Federal statute other than title XVI is not used when computing the amount of income deemed from an ineligible spouse, essential person, ineligible parent or spouse of a parent, nor is it income to an ineligible child or an eligible alien (sponsored by an ineligible spouse or parent) for purposes of reducing the allocation (see SI 00830.055.). Exclusions of income by Federal statute also apply to the income of a sponsor or the sponsor's spouse; however, some types of such income may or may not apply in sponsor-to-alien deeming, as specified below.

A. Compensation Foster Grandparents

Compensation provided to volunteers in the foster grandparents programs and other similar programs, unless determined by the Director of the Action Agency to constitute the minimum wage (see SI 00830.610.) is excluded from the income of an ineligible spouse, essential person, parent or spouse of a parent, and ineligible child. This exclusion does not apply to the income of sponsors of aliens.

B. Housing Assistance

Exclusion of the 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.

This exclusion applies to the income of sponsors of aliens only if the alien is living in the housing unit for which the sponsor receives the housing assistance. (See SI 00830.630).

C. Receipts by Indian Tribes - Lands in Trust

Exclusion under section 6 of Public Law 94-114 of receipts from lands held in trust by the Federal Government, and distributed to members of certain Indian tribes (see SI 00830.830.). This applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.

D. Per Capita Payments - Ottawa Indians

Exclusion under section 6 of Public Law 94-540 of per capita payments made to, or held in trust for, members of the Grand River Band of Ottawa Indians in Indian Claims Commission docket number 40-K (see SI 00830.830D.6.). This applies to the income of sponsors of aliens only if the alien lives in the sponsor's household.

E. Alaska Native Funds

Exclusion of revenues from the Alaska Native Fund paid under the Alaska Native Claims Settlement Act, Public Law 92-203, as amended (see SI 00830.830C.4.). This does not apply in deeming income from sponsors to aliens.

F. Per Capita Funds - Certain Tribes or Groups (P.L. 93-134)

Exclusion of per capita judgment funds to tribes or groups under section 7 of Public Law 93-134, as amended (see SI 00830.830C.1.). This applies to the income of sponsors of aliens only if the alien lives in the sponsor's household. Prior to April 1, 1987, this exclusion applied regardless of the alien's residence.

G. Per Capita Funds - Warm Springs Reservation Tribes

Exclusion under section 4 of Public Law 97-436 of per capita judgment funds paid to the Confederated Tribes of the Warm Springs Reservation (see SI 00830.830D.19.). This applies to the income of sponsors of aliens only if the alien lives in the sponsor's household. Prior to April 1, 1987, this exclusion applied regardless of the alien's residence.

H. Maine Indians Funds

Exclusion of revenues from the Maine Indians Claims Settlement Fund and Land Acquisition Fund paid under section 5 of Public Law 96-420 (see SI 00830.830D.11.). This applies to the income of sponsors of aliens only if the alien lives in the sponsor's household. Prior to April 1, 1987, this exclusion applied regardless of the alien's residence.


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