Section 17-676-38 - Other unearned income that are countable for the food stamp program Other unearned income considered countable for the food stamp household shall include:
(1) The unearned income of an individual disqualified from the household for failing to comply with the requirement to provide an SSN or for being an ineligible alien, less the prorata share for the individual;(2) The unearned income of an individual disqualified from the household for intentional program violation or for failure to comply with the program's work requirements;(3) Gross income minus cost of doing business derived from rental property if a household member is not actively engaged in management of the property at least twenty hours a week;(4) Moneys that are legally obligated and otherwise payable to the household, but which are diverted by the provider of the payment to a third party for household expenses. The distinction between whether the moneys are income or vendor payments is whether the person or organization making the payment on behalf of a household is using funds that otherwise are payable to the household. Funds payable to the household shall include wages earned by a household member and owed to the household, a financial assistance grant to which a household is legally entitled, support or alimony payments in amounts which legally must be paid to a household member, and educational assistance. If an employer, agency, former spouse, or educational or financial institution who owes the funds to a household diverts the funds instead to a third party to pay for a household expense, the payments shall be counted as income to the household, unless specifically excluded in subchapter 11. Funds that are considered income and not vendor payments shall be handled as earned or unearned income depending on the nature of the income;(5) Moneys withdrawn or dividends which are or could be received by a household from trust funds considered to be excludable assets under section 17-675-30. These moneys shall be considered income in the month received, unless otherwise exempt under subchapter 11. Dividends which the household has the option of either receiving as income or reinvesting in the trust shall be considered as income in the month they become available to the household unless otherwise exempt;(6) Moneys received on a recurring basis whether it is obligated to the individual, such as a legal settlement, or unanticipated, such as a monetary contribution;(7) That amount of the monthly income of an alien's sponsor and the sponsor's spouse that has been deemed to be that of the alien as unearned income in accordance with chapter 17-663;(8) Payments received under the Repatriated American Programs, unless the person receiving the payment is required to sign an express agreement to repay the funds received;(9) Foster care payments of the foster person when the foster care home provider has opted to include the foster person as a member of its food stamp household in accordance with section 17-663-2. Any additional paymentprovided to the foster care home provider as incentive or retainer fees for participating in the foster care program shall be considered as unearned income to the foster care home provider household;(10) Any interest or dividends received by the food stamp household or credited to any accounts for the household from banks, loans, or other sources; and(11) Cash dividends from stocks, life insurance, or other sources.[Eff 02/7/94; am 1/30/95; am 10/28/96; comp 11/09/06] (Auth: HRS § 346-14) (Imp: 7 C.F.R. §273.9(b); Pub. L. No. 104-193 (1996))