ParaRegs-Food-Stamps-Income
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Code |
Effective |
ParaReg Text |
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REVISED 8/04 |
Under MR/RB, during beginning months, the county shall
take into account the actual income already received by the household during
the month of application and any anticipated income the county and household
are reasonably certain will be received in the remaining beginning months. If
a portion of the income cannot be anticipated with reasonable certainty, that
portion shall not be counted. (§63-503.212 prior to the implementation of
QR/PB in the county) |
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260-2 |
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The household's net monthly income is determined by adding
net earned income to unearned income and subtracting applicable deductions.
(§63-503.311) |
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260-3 |
REVISED 9/08 |
Under MR/RB, and for change reporting households under QR/PB, to determine a food stamp household's net monthly income, when there is no elderly or disabled household member, the county shall use the steps listed below. For QR/PB households, the steps below shall be followed after income is averaged over the QR/PB Payment Quarter as specified in §63-509(a)(4): The county shall use exact dollars and cents. The final figure shall be rounded up for calculations that end in 50 cents or more, and down otherwise. (a) Add the gross monthly income earned by all household members minus earned income exclusions. (b) Apply the earned income deduction (which is 20% of gross earned income) to the total gross earned income. (c) Add to net monthly earned income the total monthly unearned income of all household members, minus income exclusions. (d) Subtract the standard deduction which is $134 for one to three persons through September 2008. The standard deduction increases to $144 effective October 1, 2008. (ACIN I-61-08) (e) Subtract monthly dependent care expenses, if any, up to the current maximum. It is $200 for dependent children under age two and $175 for all other dependents. eliminates The cap on the deduction for dependent care expenses is eliminated effective October 1, 2008 families eligible for the deduction are allowed to deduct the entire amount of dependent care expenses when calculating benefit levels. (ACL 08-37) (f) Subtract the homeless shelter deduction (which was $143 as of October 1, 1995 and continuing). (g) Subtract allowable monthly child support payments as set forth in §63-502.37 (currently .38). (This deduction no longer applies effective November 1, 2006) (h) Total the allowable shelter expenses (see §63-502.36) to determine shelter costs. Subtract from the total shelter costs 50% of the household's monthly income after all the above deductions have been subtracted. The remaining amount, if any, is the excess shelter cost. (i) Subtract the excess shelter cost (up to the current maximum, which was $431 effective October 1, 2007 and $446 effective October 1, 2008) from the household's monthly income after all other deductions. The household's net monthly income has been determined. (§63-503.311 revised effective November 1, 2006; Handbook §63-1101.2; ACIN I-61-06 ACIN I-45-07; I-61-08; ACL 08-37) Legally obligated child support payments to a non-household member are now treated as income exclusions rather than deductions (63-502.2(p) effective November 1, 2006) Effective November 1, 2007, the child support disregard is no longer considered an income exclusion (ACIN I-48-07, September 27, 2007) |
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260-3B |
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If the Food stamp household has its $143 homeless shelter
allowance deducted from its income in accord with §63-503.311(f), it is not
entitled to an excess shelter deduction under §63-503.311. (§63-502.352, as
revised effective June 1, 2001; 7 Code of Federal Regulations §273.9(d)(6)(i)) |
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260-3C |
REVISED 9/08 |
Under MR/RB, and for change reporting households under QR/PB, the net monthly income of an FS household that includes a member who is elderly or disabled as defined in §63-102(e) is computed as follows: For QR/PB households, the steps below shall be followed after income is averaged over the QR/PB Payment Quarter as specified in §63-509(a)(4): (a)-(b) Add the gross monthly income earned by all household members minus earned income exclusions, and multiply the result by 80%. (c) Add to the net monthly earned income the total monthly unearned income of all household members, minus income exclusions. (d) Subtract the standard deduction which is currently $134 for one to three persons through September 2008. The standard deduction increases to $144 effective October 1, 2008. (ACIN I-61-08) (e) Subtract the monthly dependent care costs up to the current maximum. It is $200 for children under two and $175 for children two and over. The cap on the deduction for dependent care expenses is eliminated effective October 1, 2008 families eligible for the deduction are allowed to deduct the entire amount of dependent care expenses when calculating benefit levels. (ACL 08-37) (f) Subtract the allowable medical expenses (see §63-502.33) of elderly and disabled members of the household in excess of $35 per month. (g) Subtract the homeless shelter deduction which has been $143 since October 1, 1996 per ACLs No. 96-56 and 02-62) (h) Subtract the allowable monthly child support payments as specified in §63-502.37 (now §63-502.38). (This deduction no longer applies effective November 1, 2006) (i) Subtract from the total allowable shelter costs 50% of the preliminary net income figure. This is the amount of the shelter cost deduction. (j) Subtract the shelter cost deduction from the preliminary net income figure, and the remaining amount is the household's net monthly income. (§63-503.312, ACIN I-45-07, I-61-08) Legally obligated child support payments to a non-household member are now treated as income exclusions rather than deductions (63-502.2(p) effective November 1, 2006) Effective November 1, 2007, the child support disregard is no longer considered an income exclusion (ACIN I-48-07, September 27, 2007) |
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260-3D |
REVISED 9/08 |
The standard deduction is $134 for households from one to three persons until October 1, 2008. The standard deduction is $144 for households from one to three persons effective October 1, 2008 The standard deduction for four persons was $143 effective October 1, 2007. The standard deduction for four persons is $147 effective October 1, 2008. The standard deduction for five persons was $167 effective October 1, 2007. The standard deduction for five persons is $172 effective October 1, 2008. The standard deduction for six or more persons was $191 effective October 1, 2007 and is $197 effective October 1, 2008. (ACIN I-45-07 and I-61-08, August 21, 2008) |
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260-3E |
REVISED 9/06 |
Effective October 1, 1995 through September 30, 2008 the
standard deduction for one to four persons is $134. The standard deduction for one to three
persons is ____ effective _______. The
standard deduction for four persons is ____ effective _____ ; the standard
deduction for five persons is ______ effective _______and the standard
deduction for six or more persons is ______ .effective _______ (ACIN I-____) |
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260-3F |
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Effective October 1, 2___, the maximum shelter allowance
was _____(ACIN I-_____) |
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260-3G |
REVISED 9/08 |
Effective October 1, 2007 the standard utility allowance (SUA)
was $274. Effective October 1, 2008 the SUA is $287. (ACIN I-45-07,
I-61-08) |
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260-3H |
ADDED 3/06 |
Effective October 1, 2___, the standard utility allowance
was $_____. (ACIN I-_____) |
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Except for categorically eligible households and
households with an elderly or disabled household member(s), the counties
shall determine eligibility for FS benefits pursuant to the maximum gross
income standards as promulgated and updated by the United States Department
of Agriculture. The gross income standard for a household of ___ persons as
set forth in Handbook §63-1101.31 and set out in All-County Letter No. __-__,
effective October 1, ____ is $___. A household with income in excess of the
standard is ineligible to receive FS. (§63-409.111) |
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261-2 |
REVISED 8/04 |
Except for categorically eligible households, FS
eligibility is based on maximum net income standards set forth in Handbook
§63-1101. Pursuant to Handbook §63-1101.32 and set out in All-County Letter
No. __-__, effective October 1, ____, the maximum net income level for a
household of ___ person(s) is $___. A household with income in excess of the
standard is ineligible to receive FS. (§63-409.112) |
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261-3 |
REVISED 8/04 |
Under MR/RB, food stamp eligibility under the maximum
resource, gross income and net income standards is prospectively determined.
In determining prospective eligibility, the county shall consider the
household's actual reported budget month income or income that has been
averaged, and anticipated income changes in the issuance month. A household
is neither eligible for a restoration of benefits nor shall a claim be
established against a household for an inaccurate estimate of a household's
prospective eligibility. (§63-503.231 prior to the implementation of QR/PB in
the county) |
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261-4 |
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Households with a disabled or elderly (as defined in
§63-102(e)) household member are not subject to maximum gross income
eligibility standards. These households are subject to maximum net monthly
income standards, as set forth in Handbook §63-1101.33, as modified most recently
by All-County Letter No. 01-56. (§§63-409.111 and .112) |
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261-5 |
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"Prospective eligibility" means the
determination of a household's eligibility for an issuance month based on an
estimate of a household's income, circumstances and composition which will
exist in that issuance month. (§63-102(p)(11)) |
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261-6 |
ADDED 2/05 |
For food stamp households which are subject to QR, the
county shall apply the gross and net monthly income eligibility standards to
the averaged QR/PB Payment Quarter’s income during the certification
period. This determination shall be
based on the information reported on and submitted with the households most
recent QR 7. (§63-503.321(a) |
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There is a 20% deduction from earned income. (Handbook
§63-1101.2) |
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263-2 |
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Earned income includes all wages and salaries of an
employee. (§63-502.131) |
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263-4 |
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Earned income includes college work study income which
has not been excluded under §63-502.2(l), or after allowable exclusions are
applied per §63-502.2(e). (§63-502.137) |
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REVISED 8/04 |
Under MR/RB, the monthly net self-employment income shall
be added to any other earned income received by the household, and the net
monthly income shall be computed in accordance with §63-503.31. Under QR/PB, for households that report actual monthly
self-employment income on the QR 7, the county shall add all gross
self-employment income and average it over the QR Payment Quarter and then
add it to other earned income received by the household. Net monthly income shall be computed in
accordance with §63-503.31. (§63-503.415) |
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264-1A |
ADDED 8/04 |
QR households which receive self-employment income on a
monthly basis shall report the actual amount of income on the QR 7 for the QR
Data Month. The county shall calculate
the household's benefits for the QR Payment Quarter based on the actual
amount of self-employment income reported on the QR 7 and anticipated income
for each month of the upcoming QR Payment Quarter. Self-employment income shall be averaged
over the QR Payment Quarter. Changes
to income that occur mid-quarter shall be treated as voluntary mid-quarter
reports pursuant to §63-509(d).
(§63-503.411(a)) |
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264-2 |
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Allowable costs of producing self-employment income
include, but are not limited to, the identifiable costs of labor, stock, raw material,
seed and fertilizer; payments on the principal of the purchase price of
income producing real estate and capital equipment, machinery and other
durable goods; interest paid to purchase income-producing property, insurance
premiums, and taxes paid on income-producing property. (§63-503.413(a), as
revised effective June 1, 2001) |
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264-2A |
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To determine the net gross income of the applicant or
recipient FS household, the household shall choose either actual costs of
producing self-employment income or a standard deduction of 40 percent of
gross earned income. The actual costs of producing self-employment, or the
standard 40 percent of gross earned income, is deducted from total gross
earned income to arrive at the net gross earned income amount. Recipients
shall be allowed to change the method of deduction only at recertification or
every six months, whichever occurs first. (§63-503.413, effective June 1,
2001) |
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264-3 |
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In determining net self-employment income, certain items shall not be allowed as the cost of doing business: (1) Net losses from previous periods. (2) Federal, state and local income taxes, money set aside for retirement purposes, and other work-related personal expenses (such as transportation to and from work), as those expenses are accounted for by the earned income deduction specified in §63-502.32. (3) Depreciation. (4) Any amount that exceeds the payment a household receives from a boarder for lodging and meals. (§63-503.413(b),
as revised effective June 1, 2001) |
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264-4 |
REVISED 8/04 |
When self-employment income is to be averaged because it
is received less often than monthly, the income and expenses from the
enterprise, shall be verified for either the last year or the last period
during which income was earned and which was intended to cover either a year
or a part of a year. The county shall then use this verified information to
average the household's income over the next year or period of time the
income is intended to cover. If the household has experienced a substantial increase
or decrease in business income and can provide the county with information
that shows the averaged amount is not reflective of the household's actual
circumstances, the county shall then calculate the household's
self-employment income based on anticipated earnings rather than prior
income. (§63-503.412(a), as modified effective June 1, 2001) Such
self-employment income must be averaged over the period of time the income is
intended to cover, even if the household has other income. For QR/PB households, self-employment must be averaged
over the certification period or over a QR Payment Quarter (§63-503.412(b),
effective June 1, 2001 and revised effective July 1, 2004 with the
implementation of QR/PB) |
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264-5 |
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The proceeds from the sale of capital goods or equipment
shall be calculated in the same manner as a capital gain for federal income
tax purposes. (§63-503.414) Federal law, as set forth in the Internal Revenue Code
and IRS Tax Publication 17, provides that once it has been established that a
person is operating a trade or business, having the intention of earning
income or making a profit, the individual is entitled to special treatment in
regard to selling the business property. Any portion of an asset used for personal purposes will
not be considered used in a trade or business. If the item is used in a trade or business, determine the
cost or other basis, plus improvements and expenses of sale. Choose the
larger of the depreciation allowed, or that which should have been allowed,
since the acquisition of the property. Subtract this depreciation figure,
plus the gross sales price, from the cost basis, to determine the net gain or
loss from the sale of the capital good. (Internal Revenue Code §1231) |
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264-6 |
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In determining a household's average self-employment
income, the county shall only consider income and expenses which have been
verified. (§63-503.412(b), revised to §63-503.412(c), effective June 1, 2001) |
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264-7 |
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Under federal regulations, in retrospective budgeting
states, the state agency shall calculate the allotment using the household
member's income and deductions from the budget month, except the state agency
shall annualize self-employment income, which is received other than monthly
in accordance with 7 Code of Federal Regulations (CFR) §273.11(a), which
provides for prorating the income and expenses. (7 CFR §273.21(f)(2)) |
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264-8 |
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Room rental is self-employment income in the FS program.
(§63-502.132(b); All-County Information Notice No. I-03-02, January 14, 2002) |
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264-8A |
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The CDSS has set forth a policy interpretation as to the determination of self-employment income when an individual, living in her own home, applies for FS benefits, and the following situation exists: The house is rented out. The claimant has her own bedroom, and rents out the other three bedrooms, at $200 per month each. There are three other common rooms. No meals are provided, nor is there common purchase and preparation of meal. Shelter costs are $1000 per month. In determining the cost of doing business, county welfare departments (CWDs) have the option to do the calculation either by the square footage of the home or by the number of rooms. By square footage: 1) Assume the square footage of the home is 1000 square feet, of which 3000 square feet is rented out. Approximately 1/3 of the cost would be allowed from the $600.00 (gross income of 3 x $200.00). 2) Cost per month (her housing* and utility costs) = $1000.00. Take 33% of $1,000 = $333.00. 3) Net self-employment income ($600.00 - $333.00) = $267.00. 4) Or, allow the 40% standard deduction, instead of calculating actual expenses as in steps 1-3, if the household chooses this option. 5) Then, allow the 20% earned income deduction and other deductions, as necessary, after determining the net self-employment income in steps 1-3 or step 4. By number of rooms: 1) 7 rooms and 3 are rented out. 2) Percentage of cost is 3/7 = .43. 3) Cost per month (her housing* and utility costs) = $1000.00. Take 43% of $1,000 = $430.00. 4) Net self-employment income ($600 gross income - $430.00) = $170.00. 5) Or, allow the 40% standard deduction, instead of calculating actual expenses as in steps 1-4, if the household chooses this option. 6) Then, allow the 20% earned income deduction and other deductions, as necessary, after determining the net self-employment income in steps 1-4 or step 5. *Housing costs include: mortgage, interest, taxes, and insurance. Please note that the three common rooms will not be considered in this calculation, as the owner of the home is not charging roommates for the usage of these rooms. The claimant cannot claim a portion of her share of rent and utilities as business expenses, as well as claiming her full share of rent and utilities as a shelter deduction. However, she can claim part of her share of rent and utilities as business expenses, and the remainder would be allowed as a shelter deduction. (All-County
Information Notice No. I-03-02, January 14, 2002) |
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REVISED 8/04 |
Income includes monies withheld from AFDC and GA/GR
grants or other federal, state, or local means tested programs due to the
household's failure to comply with that program's requirements. (§63-502.17,
effective November 12, 1996) This section refers to §63-503.5 (renumbered to
63-503.7), entitled Failure to Comply with Another Assistance Program's
Requirements. Under that section, the county shall not increase FS benefits
when reductions in the household's benefits received from the welfare or
public assistance (PA) program have been decreased due to the recipient's
failure to comply with that program's requirements (except where an
individual or household is subject to an FS work sanction imposed under
§63-407.541). (§63-503.51 renumbered to §63-501.71 effective July 1, 2004.)
For this rule to apply, the welfare or PA program must be "means
tested" as defined in §63-502.171. (§63-503.511 renumbered to §
63-503.711 effective July 1, 2004) |
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265-1B |
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Disqualifications, sanctions, reductions due to client
caused overpayments, and penalties due to late filing of income reports in
AFDC (now CalWORKs), as well as GA or GR sanctions or disqualifications,
shall not result in increased benefits in the FS program. However, these
provisions do not apply to termination of the other program's benefits. (All-County Information Notice No. I-62-96,
December 9, 1996, interpreting §63-503.51 which was renumbered to §63-503.71
effective July 1, 2004) |
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265-1C |
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In determining the correct benefit level for households
whose PA or welfare benefits have been decreased due to failure to comply
with requirements of that program, use the benefit amount from the PA or
welfare program which would have been issued if no penalty had been imposed. (§63-503.52 renumbered to §63-503.72
effective July 1, 2004) The FS allotment shall not be increased due to this
calculation. (§63-503.51 renumbered to §63-503.71 effective July 1, 2004) |
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265-1D |
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Under §63-502.17, income includes monies withheld from
AFDC and GA/GR grants, or from federal "means tested programs" (as
defined in §63-502.171), due to the failure of the recipient to comply with
that program's requirements. Social Security Administration (SSA) payments
are not "means tested", and deductions from the SSA payments to
recover unpaid federal taxes have nothing to do with the individual's failure
to cooperate with the SSA. It is, nevertheless, the CDSS policy to count as
income monies withheld from SSA payments which were deducted by the IRS to
collect federal tax claims. (All-County
Letter No. 02-55, July 22, 2002) |
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265-2 |
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Unearned income includes AFDC (now CalWORKs), General
Assistance (GA), General Relief (GR), Refuge Cash Assistance, Entrant Cash
Assistance, or other assistance program payments which are based on need.
(Lump-sum payments from these sources are resources, per §63-501.111.) Such
assistance is considered unearned income even if it is a vendor payment,
unless that vendor payment is excluded under §63-502.2. (§§63-502.141 and .141(a)) Effective
December 1, 1995, GA/GR payments for housing are counted as income unless
exempt as unearned income. All other GA/GR vendor payments are excluded
income. (§63-502.141(a)) |
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265-2A |
ADDED 9/08 |
Adoption assistance payments are treated as unearned income in food stamps with the exception that any portion of the adoption subsidy that is earmarked for an excludable reimbursement (e.g., medical or dependent care expenses) shall be excluded from consideration as income, and determined on a case-by-case basis. (ACIN I-58-08, August 13, 2008) |
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265-3 |
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Assistance payments from programs which require, as a
condition of eligibility, the actual performance of work without compensation
other than the assistance payments themselves, shall be considered unearned
income except for allowances excluded under §63-502.2(f)(1). (§63-502.141(b)) |
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265-4 |
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Unearned income includes annuities, pensions, retirement
or veteran's or disability benefits; worker's or unemployment compensation;
social security benefits; striker's benefits (except compensation for
picketing); foster care payments for FS household members; "and any
deemed income from a sponsor who has signed an I-864 and/or I-864A paid to a
sponsored noncitizen". (§63-502.142, as revised effective February
21, 2002) |
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265-5 |
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In general, support or alimony payments made directly to
the household from nonhousehold members are unearned income. (§63-502.144) |
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265-5A |
ADDED 3/06 |
For a CalWORKs AU that has an MFG child, the MFG child’s
receipt of child support from the local child support agency is considered
unearned income to the food stamp household.
If the child support payment is received directly from the absent
parent and kept by the household, it is also counted as unearned income. (ACIN I-01-06, January 3, 2006) |
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265-6 |
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It is federal policy that child support intercepted from
a UIB check, and retirement benefits from which child support is withheld by
court order, are included as gross income to the FS household entitled to the
UIB or retirement benefits even when that household has not received the
withheld child support. (FS Program
Policy Memoranda 86-26 and 92-11, interpreting 7 Code of Federal Regulations
§273.9(c)) |
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265-7 |