COMMENT DUE DATE:
December 28, 2016
DATE:
December 15, 2016
Laura Brown, Adult and Family Services Policy Liaison (405) 521-4396
Dena Thayer, Legal Services Programs Administrator 405-521-4326
Nancy Kelly, Legal Services Policy Specialist 405-522-6703
RE:
APA WF 16-08
The proposed policy is Emergency . This proposal is subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date. Comments are directed to Legal Services - Policy, *STO.Legal Services.Policy.
Emergency revisions have a proposed effective date of March 1, 2017.
SUBJECT:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 7. Eligibility
340:40-7-12 [AMENDED]
(Reference 16-08)
SUMMARY:The proposed amendments to Chapter 40, Subchapter 7 amend the rules to:(1) add clarifying information regarding loans; (2) exclude all educational income; and (3) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations.
Emergency rulemaking is requested to comply with new legislation effective 1-1-2017.
LEGAL AUTHORITY:Director of Human Services; Section 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statues; and Section 529A and 2503 of Title 26 of the United States Code, and Public Law 113-186, Child Care and Development Block Grant of 2014.
Rule Impact Statement
To:Programs Administrator
Legal Services - Policy
From:Jim Struby, Director
Adult and Family Services
Date:December 5, 2016
Re:CHAPTER 40. CHILD CARE SUBSIDY PROGRAM
Subchapter 7. Eligibility
340:40-7-12 [AMENDED]
(Reference 16-08)
Contact:Laura Brown 405-521-4396
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed amendments to Chapter 40, Subchapter 7 amend the rules to:(1) add clarifying information regarding loans; (2) exclude all educational income; and (3) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations.
Strategic Plan impact. The proposed amendments achieve the DHS goal of continuously improving systems and processes.
Substantive changes.
Subchapter 7. Eligibility
OAC 340:40-7-12 is amended to:(1) add clarifying information regarding loans; (2) exclude all educational income; and (3) exclude from income and resource consideration money deposited into or withdrawn from a qualified Achieving a Better Life Experience (ABLE) Program account per state statute and federal regulations.
Reasons. The emergency rule is proposed to comply with new legislation that is effective January 1, 2017 regarding Oklahoma ABLE accounts.Educational income is excluded and treatment of loans is clarified to align with proposed Supplemental Nutrition Assistance Program and Temporary Assistance for Needy Families (TANF) changes.
Repercussions.If the proposed revisions are not implemented, rules will not be in compliance with new legislation and may result in staff considering funds deposited into or withdrawn from qualified ABLE accounts as countable income in error.
Legal authority. Director of Human Services; Section 162 and 4001.1 through 4001.5 of Title 56 of the Oklahoma Statues; and Section 529A and 2503 of Title 26 of the United States Code, and Public Law 113-186, Child Care and Development Block Grant of 2014.
Emergency rulemaking approval is requested.Emergency rulemaking is requested to comply with new legislation effective 1-1-2017.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The class of persons most likely to be affected by the proposed rules are child care applicants and recipients and DHS staff.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are child care applicants and recipients and DHS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change:The revised rules do not have an economic impact on the affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable DHS cost of printing and distributing the rules is estimated to be less than $20.The revised rules will result in enhanced delivery of services to households applying for or receiving Child Care Subsidy and may decrease DHS errors.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule:The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act:There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule:There are no less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rules.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk:
Implementation of the proposed rules may reduce health risks for families with qualified ABLE accounts.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented:If the proposed rule revisions are not implemented, health risks may not be reduced for persons with qualified ABLE accounts.
K.The date the rule impact statement was prepared and, if modified, the date modified:Prepared December 5, 2016.
Subchapter 7. Eligibility
340:40-7-12. Sources of excluded income
Revised 10-1-163-1-17
Only the income listed in this Section is excluded in determining a household's eligibility for a child care benefit.No other income is excluded.
(1) Lump sum payments.One-time lump sum payments are excluded as income.Recurring lump sum payments are excluded as a countable income source unless specifically mentioned per Oklahoma Administrative Code (OAC) 340:40-7-11 as a countable source of income.
(2) In-kind income.In-kind income is excluded as income.In-kind income is defined as any gain or benefit that is not in the form of money paid directly to the household.This includes non-monetary or in-kind benefits, such as meals, clothing, public housing, or produce from a garden.¢ 1
(3) Money received from the sale of property.Money received from the sale of property, such as stocks, bonds, or a house, or a car is excluded.This exclusion does not apply when the person is engaged in the business of selling such property.¢ 2
(4) Bank or trust account withdrawals.Money withdrawn from a bank or trust account is excluded as income even when used to meet current living expenses.
(5) Capital gains.The proceeds from the sale of capital goods or equipment are excluded.
(6) Household income for certain children adopted through Oklahoma Department of Human Services (DHS).The income of all household members is exempt for a child only when conditions in (A) through (E) are met.¢ 3The:
(A) child was adopted through DHS or a federally recognized Indian tribe, as defined by the Federal and Oklahoma Indian Child Welfare Acts, by the parent applying for benefits;¢ 4
(B) adoptive parent applying for benefits must provide:¢ 5
(i) a fully executed Form 04AN002E, Adoption Assistance Agreement, listing child care as an adoption assistance benefit for the child;
(ii) Form 04AN033E, Post Adoption Child Care Referral;
(iii) the Final Decree of Adoption; and
(iv) a form of identity;
(C) adoptive parent and child are Oklahoma residents of Oklahoma;
(D) child is 5 years of age or younger.When a child turns 6 years of age during the 12-month eligibility period, household income remains exempt until the next renewal; and
(E) adoptive parent meets an allowable need factor as defined inper OAC 340:40-7-7 and OAC 340:40-7-8 and provides proof.¢ 6In a two-parent family, both parents must meet an allowable need factor.
(7) Household income when at least one child attends an Early Head Start-Child Care (EHS-CC) Partnership grant program.The household income is exempt for all children in care when at least one child attends an EHS-CC Partnership grant program and the household meets income guidelines per DHS Appendix C-4, Child Care Eligibility/Co-paymentCopayment Chart.¢ 7
(8) Earnings of children.EarningsExclude the earnings of a person 17 years of age and younger who is considered a child in the case is excludedas long as the child is attending school regularly.The exclusion continues to apply during temporary interruptions in school attendance due to semester or vacation breaks, provided the child's enrollment resumes following the break.When the child is a minor parent and the payee, the minor parent's earnings are treated as adult income.¢ 8
(9) Irregular income.Any income received too infrequently or irregularly to be reasonably anticipated is not counted unless it is in excess of $30 per calendar quarter.
(10) Reimbursements.Reimbursements for past or future expenses not exceeding actual expenses are excluded.¢ 9
(11) Tax refunds.FederalExclude federal or state income tax refunds, including the state and federal Earned Income Tax Credit (EITC), and advance payments of federal EITC are excluded.¢ 10
(12) Money received for third parties.Money received and used for the care and maintenance of a third party who is not a household member is excluded.
(13) Loans.All loans, including loans from private as well as commercial institutions, are excluded as income.Verification the income When someone loans the household money to meet expenses, a statement signed by both parties indicating the payment is a loan and must be repaid is required.When the household states it receives loans on a recurrent or regular basis from the same source, the lender must sign a notarized affidavit stating the payments are loans that must be repaid or will be made in accordance with an established repayment schedule.
(14) Grants.Grants obtained and used under conditions that preclude their use for current living costs are excluded.
(15) Educational assistance.Educational assistance is excluded when receipt is contingent upon the student regularly attending school.
(A) Examples of educational assistance include as income and includes, but is not limited to:
(i)(A) work study;
(ii)(B) scholarships;
(iii)(C) fellowships;
(iv)(D) educational loans when payment is deferred; and
(v)(E) veteran'sveterans'education benefits.
(B) The educational assistance must be intended to offset the costs of education and expenses as identified by the institution, school, program, or other grantor.¢ 10
(C) When the educational assistance is not intended to be a reimbursement and is a gain to the client, it is considered income.¢ 11
(16) Stipends.Stipends paid to students participating in the Indian Vocational Education Program through the Carl D. Perkins Vocational and Applied Technology Education Act are excluded as income.
(17) Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE).Payment for supportive services or reimbursement of out-of-pocket expenses made to volunteers serving as foster grandparents, senior health aides, or senior companions, and to persons serving in SCORE and ACE is excluded as income.
(18) Government rent or housing subsidies.Government rent or housing subsidies by government agencies received in-kind or in cash for rent, mortgage payments, or utilities isare excluded as income.
(19) Foster care payments.Foster care payments received for a foster child in state or tribal custody are excluded as income.
(20) Title IV E of the Social Security Act or State Adoption Subsidy.Federal or state funded adoption subsidy payments made to adoptive parents are excluded as income.
(21) Victims of Crime Act of 1984.Payments made from the crime victims' compensation program as amended in Section 1402 of the Victims of Crime Act of 1984 and per Section 10602 of Title 42 of the United States Code are excluded as income.[42 USC 10602]
(22) Family Support Assistance Payment Program.Family Support Assistance Payment Program payments paid to persons by the DHS Developmental Disabilities Services are excluded as income.
(23) Vendor payments.Vendor payments made directly to the household's creditors,or a person, or an organization providing a service to the household, are excluded as income unless a court order or other legally binding agreement specifies the money is to be paid directly to the client.¢ 1211
(24) Money received by another household for a household member.
(A) When a child spends part of the month in two separate households and receives countable income, the worker considers the portion of the income received by the household applying for or receiving a child care benefit as income and excludes the remainder.¢ 1312
(B) When a minor parent is the payee and lives with one of his or her parentsa parent or caretaker, child support received for the minor parent is considered income for the parent or caretaker and not considered for the minor parent's child care benefit.
(25) Money deposited into or withdrawn from a qualified Oklahoma Achieving a Better Life Experience (ABLE) Program account.Money deposited into or withdrawn from a qualified Oklahoma Achieving a Better Life Experience (ABLE) Program account per Sections 4001.1 through 4001.5 of Title 56 of the Oklahoma Statutes or a qualified ABLE Program account set up in any other state per the ABLE Act of 2014, (26 U.S.C. § 529A) is excluded as income when the client:¢ 13
(A) provides documents to verify the account meets exemption criteria;
(B) verifies money deposited in the account does not exceed the annual federal gift tax exclusion amount per 26 U.S.C. § 2503(b).Any money deposited in the account in the calendar year that is in excess of the annual federal gift tax exclusion amount is considered as countable income in the amount deposited;and
(C) verifies withdrawals from the account were used to pay qualified disability expenses.Money withdrawn for reasons other than to pay qualified disability expenses is considered as income for the month of withdrawal.
(26) Income excluded by federal law.Income excluded by federal law is defined as:
(A) payments received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(B) payments received:
(i) under the Alaska Native Claims Settlement Act,[Public Law (P. L.) 92-203, § 21(a)];
(ii) under the Sac and Fox Indian Claims Agreement,[P.L. 94-189];
(iii) from the disposition of funds to the Grand River Band of Ottawa Indians per[P.L. 94-540];
(iv) by members of the Confederated Tribes of the Mescalero Reservation per[P.L. 95-433];
(v) under the Maine Indian Claims Settlement Act of 1980 to members of the Passamaquoddy and the Penobscot Nation,[P.L. 96-420]; or
(vi) by an individual as a lump sum or a periodic payment via the Cobell Settlement per the Claims Resolution Act of 2010,[P.L. 111-291];
(C) any payment to volunteers under Title II, Retired and Senior Volunteer Program, Foster Grandparents and others, of the Domestic Volunteer Services Act of 1973,[P.L. 93-113] as amended.Payments under Title I of that Act, Volunteers in Service To America, University Year for Action, and Urban Crime Prevention Program, to volunteers are excluded only if the monthly amount, when converted to an hourly rate, is less than the Oklahoma minimum wage;¢ 14
(D) income derived from submarginal land of the United States held in trust for certain Indian tribes per[P.L. 94-114, Sec. 6];
(E) Indian per capita payments distributed from judgment awards and trust funds made pursuant toper P.L. 98-64.Also excluded is any interest or investment income accrued on such funds while held in trust or any purchases made with judgment funds, trust funds, interest, or investment income accrued on such funds.Any per capita payments, headrights of the Osage tribe, income from mineral leases or other tribal business ventures are excluded as long as the payments are paid per capita.Any interest or income derived from the funds after distribution is considered as any other income.The per capita exclusion applies per person rather than per family;
(F) income up to $2,000 per year received by individual Indians, which is derived from leases or other uses of individually-owned trust or restricted lands, is not counted as income.The income exclusion applies to calendar years beginning January 1, 1994.Any remaining disbursements from the trust or restricted lands are considered as income;
(G) allowances, stipends, earnings, compensation in lieu of wages, grants, and other payments made for participation in the Workforce InvestmentInnovation and Opportunity Act (WIA)(WIOA) or other federally funded workforce training program to persons of all ages and student status with the exception of income paid to persons 19 years of age and older for on-the-job training.This income is treated as any other earned income.Refer toper OAC 340:40-7-11(b)(4);¢ 15
(H) payments, allowances, or earnings to persons participating in programs under Title I of the National and Community Service Trust Act of 1993.Title I includes three Acts:Serve-America, The Community Service, Schools and Service-Learning Act of 1990, the American Conservation and Youth Service Corps Act of 1990, and the National and Community Service Act.Most of the payments are made as a weekly stipend or for educational assistance.The Higher Education Service-Learning Program and the AmeriCorps Umbrella Program come under this Title.This includes AmeriCorps income;
(I) payments or allowances made under any federal law for the purpose of energy assistance, Low Income Home Energy Assistance Program (LIHEAP), and utility payments and reimbursements made by the Department of Housing and Urban Development (HUD) and the Farmers Home Administration (FmHA);
(J) the amount of the mandatory salary reduction of military service personnel used to fund the G.I. Bill;
(K) all funds paid to persons under the Community Service Employment Program under Title V,. P.L. 100-175].This program is authorized by the Older Americans Act.Each Statestate and various organizations receive some Title V funds.These organizations include:
(i) Experience Works formerly Green Thumb;
(ii) National Council on Aging;
(iii) National Council of Senior Citizens;
(iv) American Association of Retired Persons;
(v) United States (U.S.) Forest Service;
(vi) National Association for Spanish Speaking Elderly;
(vii) National Urban League;
(viii) National Council on Black Aging; and
(ix) National Council on Indian Aging;
(L) payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement In Re Agent Orange Product Liability Litigation, M.D.L. No. 381 (E.D.N.Y.);
(M) payments received under the Civil Liberties Act of 1988.These payments are made to persons of Japanese ancestry who were detained in internment camps during World War II;
(N) payments made from the Radiation Exposure Compensation Trust Fund as compensation for injuries or deaths resulting from exposure to radiation from nuclear testing and uranium mining;
(O) payments for the fulfillment of a Plan for Achieving Self-Support under Title XVI of the Social Security Act;
(P) payments made to persons because of their status as victims of Nazi persecution;
(Q) payments made for the Experimental Housing Allowance Program under Annual Contributions Contracts entered into prior to January 1, 1975, underper Section 23 of the U.S. Housing Act of 1937 as amended;
(R) monetary allowances provided to certain children of Vietnam War veterans asdescribed inper Chapter 18 of Title 38 of the United States Code (USC);
(S) federal funds distributed by Federal Emergency Management Assistance (FEMA) due to a disaster or emergency to persons directly affected by the event.This exclusion also applies to comparable disaster assistance provided by states, local governments, and disaster assistance organizations.For payments to be excluded, the disaster or emergency must be declared by the President of the United States;
(T) the value of the food benefit allotment under the Food and Nutrition Act of2008; and
(U) the value of supplemental food assistance under the Child Nutrition Act of 1966 and the special food services program for children under the National School Lunch Act of 1970, both as amended by theper Omnibus Budget Reconciliation Act of 1981.
INSTRUCTIONS TO STAFF 340:40-7-12
Revised 10-1-163-1-17
1.Refer to Oklahoma Administrative Code (OAC) 340:40-7-11(c)(5) for court-ordered benefits.
2.Refer to OAC 340:40-7-11(b)(2) to address self-employment income.
3.(a) When all five conditions required per OAC 340:40-7-12(6) are met, no income is considered for the child.The worker codes the adoptive parent in the FACS Household Tab as 'Income and Resources not Considered for Benefit Computation – Individual not Included.'The worker must document in Family Assistance/Client Services FACS Case Notes why the income is being excluded.
(b) When all five conditions required per OAC 340:40-7-12(6) are not met, all household income is considered for the child per OAC 340:40-7-6 and care may be approved for any need factor met in OAC 340:40-7-7 and 340:40-7-8.
(c) When the adopted child meets all five conditions required per OAC 340:40-7-12(6) and other children in need of care are in the home that do not meet the conditions, separate cases must be established.Refer to OAC 340:40-5-1 Instructions to Staff (ITS) # 16 for separate case coding instructions.
4.The parent meets this condition by providing a copy of the Final Decree of Adoption.
5.When the parent does not have Form 04AN002E, Adoption Assistance ApplicationAgreement, or Form 04AN033E, Post Adoption Child Care Referral, the parent contacts Child Welfare Services (CWS) Post Adoption Services to obtain the forms.
6.OAC 340:40-7-8 describes type of proof required for each need factor.The worker must document proof provided and hours approved in FACS Case Notes.
7.(a) The household must be determined income eligible prior to exempting the income.The worker enters the entire household income in the "total diverted income" field E47 on the FACS Child Care tab to exclude the income.
(b) When the child stops attending an Early Head Start-Child Care Partnership grant program, the worker removes household income from the "total diverted income" field E47 on the FACS Child Care tab per Appendix B-2, Deadlines for Case Actions, advance notice deadlines.
8.For purposes of this provision, an elementary or high school student also includes someone attending General Educational Development (GED)high school equivalency classes, provided the GED program is recognized, operated, or supervised by the student's state or local school district.
9.(a) Examples are reimbursements for:
(1) job or training related expenses, such as travel, per diem, uniforms, and transportation to and from the job or training site.If these expenses are not reimbursements, they are not deductible;
(2) out-of-pocket expenses incurred by volunteers in the course of their volunteer activity;
(3) medical or dependent care; and
(4) services provided by Title XX of the Social Security Act.
(b) When a reimbursement, including a flat allowance, covers multiple expenses, it is not necessary to identify each expense does not have to be separately identified as long as none of the reimbursement covers normal living expenses.The worker counts the amount of the reimbursement that exceeds the actual incurred expenses.The worker does not consider a reimbursement to exceed actual expenses unless the provider or household indicates the amount is excessive.
10.Exempt student income includes:
(1) any money from Title IV of the Higher Education Act including federal or state work study;
(2) educational assistance funded through the Department of Veterans Affairs (VA), such as the Montgomery GI Bill;
(3) grants;
(4) scholarships;
(5) subsidized and unsubsidized Stafford loans;
(6) federal PLUS loans;
(7) TRIO grants;
(8) Robert C. Byrd Honors Scholarship Program;
(9) Bureau of Indian Affairs (BIA) student assistance;
(10) money from the Carl D. Perkins Vocational Education Act, such as the Native American Career and Technical Education Program (NACTEP); and
(11) Workforce Investment Act (WIA).
(a) When the client receives advance payments of the federal earned income tax credit (EITC) in his or her payment, the advanced payment is excluded as income.
(b) Effective November 1, 2016, Section 2357.43 of Title 68 of the Oklahoma Statutes is revised to eliminate the state EITC.
11.Student income that is not exempt includes:
(1) money paid directly to the student and not sent through the bursar's account other than funds listed in ITS # 10 of this Instruction;
(2) institutional work study; or
(3) money intended as an incentive for school attendance or grades rather than the school expenses.
12.(a) To be considered an excluded vendor payment, the payment must not be made in lieu of directly paying the household back for money owed.Examples of vendor payments excluded as income are payments:
(1) made by a friend, employer, agency, church, relative, or former spouse making paymentsdirectly to a vendor for household expenses, such as writing a check to the landlord for rent or utilitiesdirectly to the landlord or utility company.To be considered an excluded vendor payment, the payment must not be made in lieu of directly paying the household back for money owed;
(2) a payment made by an employer directly to the landlord or financial institution for the household's rent or house by an employermortgage, in addition to paying regular wages, is excluded;
(3) payments specified by a court order or other legally binding agreement to go directlymade to a third party rather thaninstead of the household are excluded as incomeas they are not otherwise payable to the householdwhen the payment arrangement is specified in a court order or other legally binding agreement; or
(4) payments or allowances made by the Department of Housing and Urban Development (HUD) or by the Farmers Home Administration (FmHA) directly to mortgage holders, landlords, or utility providers are vendor payments and excluded as income.
(b) An example of a vendor payment considered as income occurs when a court directs a non-custodial parent to pay $400 in child support to the client, but the non-custodial parent pays $200 to the client and $200 directly to the landlord for rent.The worker counts $400 as unearned income because the payment to the landlord was made using money owed to the household.When the court order directs the non-custodial parent to make a payment directly to a vendor, the payment is excluded as income.
1312.This may occur in certain joint or shared custody situations.When one parent receives the child's Temporary Assistance for Needy Families (TANF)benefit or a Supplemental Security Income (SSI) payment and does give a portion of the income to the other parent, it is not counted as income for the other parent.IfWhen the parent gives a portion of the income to the other parent, only thatthe portion available to each parent is considered as income for that parent.
13.(a) The Oklahoma State Treasurer is responsible for certifying an achieving a better life experience (ABLE) account.Rules regarding an ABLE account include:
(1) only persons whose disability was established before age 26 can set up ABLE Act accounts and one account is allowed per person.
(2) there is no limit to the number of persons who can contribute to the ABLE account; and
(3)upon the death of an ABLE Act participant, every dollar remaining in the account must be paid to the state Medicaid agency to repay costs of care received by the participant during life.
(b) At application and renewal, the client must provide proof from the financial institution of the dates and amounts of money deposited into and withdrawn from the ABLE account in the last 12 months.Any amount in excess of the annual federal gift tax exclusion amount is countable income.The current gift tax exclusion amount is $14,000 per calendar year.The client must verify, preferably from the financial institution, that any funds withdrawn were used for qualified disability expenses.Funds withdrawn and not used for qualified disability expenses are considered as income for the month of withdrawal.
(c) Qualified disability expenses means any expenses related to the eligible individual's blindness or disability and approved under Section 529A of the Internal Revenue Code (Section 529A of Title 26 of the United States Code) that are made for the benefit of an eligible individual who is the designated beneficiary, including, but not limited to, expenses for:
(1) education;
(2) housing;
(3) transportation;
(4) employment, training and support;
(5) assistive technology and personal support services;
(6) health, prevention and wellness, financial management and administrative expenses;
(7) legal fees;
(8) oversight and monitoring; and
(9) funeral and burial expenses.
14.Per OAC 340:50-7-22(5)(H), this income from this source is excluded in determining food benefit eligibility even when the volunteer receives payment equal to or more than minimum wage.
15.There are numerous programs for which income is excluded.Some common examples Examples include, but are not limited to, income received from Youthbuild, Summer Youth, Job Corps, and paid classroom training.For less common examplesthe income to be excluded, theworker must determine if the program isit must be paid by a federally-funded workforce training program.
