Exempt Income

The income shown on this chart shall be considered exempt (excluded) for CalFresh.

 

EXEMPT INCOME ADDITIONAL INFORMATION OR RESTRICTIONS
CalABLE: ACHIEVING a BETTER LIFE EXPERIENCE (ABLE) ACCOUNT A tax-advantaged savings count that allows individuals with disabilities to save and invest money for disability-related expenses (QDE). Excluded as both income and resources.
ADOPTION SUBSIDIES FOR MEDICAL OR DEPENDENT CARE Exempt Title IV adoption subsidies, such as AAP payments, when earmarked for reimbursement of medical or dependent care expenses.
AGENT ORANGE PAYMENTS

Exempt payments from the Agent Orange Settlement Fund or any other fund established in connection with settling liability claims concerning Agent Orange.

DO NOT exempt VA benefits for Agent Orange-caused disabilities.
Refer to Agent Orange.

ALEUT RESIDENT PAYMENTS Paid to residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island under the Aleutian and Pribilof Islands Restitution Act for injustices suffered while under United States control during World War II.
ARRA PAYMENTS

One-time payments of $250 paid to recipients of:

  • Social Security
  • SSI/SSP
  • Railroad Retirement and
  • Veterans Disability Compensation or Pension benefits.
BALL V. SWOAP PAYMENTS Issued by DHS or CDSS for late State Hearing decisions.
BOGG fee waiver The value of the BOGG fee waiver is exempt.
CALCAP INCENTIVE PAYMENTS Exempt a CalWORKs Career Advancement Program (CalCAP) incentive payment issued in the form of a gift certificate/voucher to a local store or business as an in-kind payment.
CALIFORNIA VICTIMS OF CRIMES Exempt payments received under the California Victims of Crimes Program.
CAL-LEARN PAYMENTS Exempt as income, but count as a resource.
CALWORKS DIVERSION PAYMENTS Exempt a CalWORKs Diversion payment issued to divert a family from becoming dependent on welfare as a nonrecurring lump-sum payment if the diversion payment is not defined as assistance.
CALWORKS FUNDED VENDOR PAYMENTS FOR HOUSING

Exempt CalWORKs funded housing assistance VENDOR paid by the Housing Authority on behalf of the household.

These funds are ONLY excluded if paid directly to the vendor. If the funds are received by the household, they are counted as unearned income.

CALWORKS HOMELESS ASSISTANCE PAYMENTS Exempt under court injunction from Hamilton v. Lyng.
CALWORKS SPECIAL NEED PAYMENTS

Exempt if not issued as a reimbursement for normal living expenses. Exemptions include:

  • Special transportation (work or medical)
  • Housekeeping services
  • Special telephone service/equipment for medical reasons
  • Occupational or trade tools
  • Distilled water for medical reasons
  • Work-related clothing required by an employer, such as uniforms, hard hat, steel toe boots.

Exception: Therapeutic diets and Pregnancy Special Need payments count as unearned income in the CalFresh budget.

CALWORKS WORK STUDY All work study payments are excluded as income.
CENSUS INCOME Earned income received from the Census Bureau for temporary employment related to United States Decennial Census.
CHARITABLE CONTRIBUTIONS Exempt $300 or less received from one or more private, nonprofit charitable organizations in a calendar quarter. Refer to Charitable Contributions.
CHILD CARE PAYMENTS

Exempt only those payments from the following sources. (The exemption applies only to the individual who incurs the cost of child care, and does not apply to the child care provider.)

  • At Risk Block Grant
  • Child Care and Development Block Grant
  • CalWORKs child care program payments issued to the client as a reimbursement.
CHILD'S EARNINGS

Exempt if child is:

  • Under 18, and
  • Under parental control (Refer to Parental Control [63-102p(1)), and
  • At least a half-time elementary or secondary (high school) student.

For this exemption, the child must be under the “parental control” of another household member. Refer to Parental Control [63-102p(1).

Note: If the child becomes 18 during the certification period, the child’s earning should be counted effective the month following the month in which the child turns 18. Changes are treated as county-initiated mid period action.

THAT MUST BE TURNED OVER TO THE DEPARTMENT OF CHILD SUPPORT SERVICES (DCSS)

Exempt when the PA CalFresh household must turn over child support (including court-ordered arrearages) to maintain CalWORKs eligibility, regardless of whether the C/S is actually turned over to the DCSS.

Note: Direct child support payments are considered unearned income and are not exempt for non-assistance CalFresh households, CalWORKs/ CalFresh applicants, Tribal TANF/ CalFresh applicants and recipients.

CONTRIBUTION FROM PERSONS OR ORGANIZATIONS

Exempt if the income meets the CalWORKs income exclusion specified under the CalWORKs Other Exempt Income [EAS 44.111.4]  policy AND the fund is not a government source. 

 

Example
MedAssist program cannot be excluded as income because the payment is funded by a government source (County of Santa Clara) and does not meet the CW exemption criteria. 

DEMONSTRATION PROJECT DIRECT PAYMENTS Received in lieu of in-kind benefits when the household participates in a demonstration project authorized under federal law or created by a waiver of federal provisions. 
DEPARTMENT OF REHABILITATION TRAINING ALLOWANCES Allowances for training expenses paid to recipients participating in Department of Rehabilitation programs.
DISASTER ASSISTANCE PAYMENTS

Exempt:

  • Federal major disaster and emergency assistance issued under the Disaster Relief Act of 1974, and
  • Comparable assistance provided due to a major disaster by state and local governments, and disaster assistance organizations.
DISASTER GOVERNMENT PAYMENTS DESIGNATED TO RESTORE A HOME Exempt if the home was damaged in a disaster, and the household is subject to legal sanction if the funds are not used as intended.
DISASTER RELIEF EMPLOYMENT INCOME Exempt any Disaster Relief Employment income received during a nationally declared disaster. [63-507(a)(4)]
DISASTER UNEMPLOYMENT ASSISTANCE (DUA)

Paid only when a natural disaster has been declared by the President of the United States. (Checks have a “greenish” background.)

Note: Disaster Unemployment payments are limited to 26 weeks. This income can be verified through the MEDS system, which is used to determine existing UIB.

DIVERTED MILITARY PAYMENTS Exempt if diverted to an ex-spouse by court order.
EARNED INCOME TAX CREDIT (EITC) PAYMENTS Exempt advance monthly payments and lump sums. MAY count as a resource after 12 months of receipt of the payment. Refer to Resources [63-501].
EARMARKED INCOME 

Received as a one-time payment or received so infrequently that it cannot be reasonably anticipated to continue.  

 
EDUCATIONAL ASSISTANCE EXCLUDED FOR CALWORKS Refer to Students, Income exclusion.
ENERGY ASSISTANCE PAYMENTS OR ALLOWANCES Exempt any payment made for the purpose of providing energy assistance under any federal law other than Part A of Title IV of the Social Security Act (Block TANF grants) such as the LIHEAA, HUD, or the FmHA programs. Also exempt any one time federal, state or local energy assistance payment made for weatherization or emergency repair or replacement of heating or cooling devices.
FILIPINO VETERANS EQUITY COMPENSATION Exempt the one-time payment of up to $15,000 for certain veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II and their spouse.
FLEXIBLE SPENDING ACCOUNTS Exempt any flex spending account that is offered by employers that cannot be received in the form of money payable directly to the household.
FOOD PROGRAM BENEFITS

Exempt any benefits received by CHILDREN under the following programs:

  • Child and Adult Care Food Program
  • Commodity Distribution Programs School
  • Breakfast Program
  • School Lunch Program
  • Special Milk Program
  • Summer Food Service Program for Children
FOSTER CARE WRAPAROUND SERVICES PROGRAM PAYMENTS

Direct services provided to such families are excluded as income. Also payments made to a vendor or third party on the behalf of the household for an expense, are excluded as income.

Exception: Any cash paid directly to the CalFresh household would be treated as income.

GA SPECIAL NEED PAYMENTS

Exempt if not issued as a reimbursement for normal living expenses. Exemptions include:

  • Therapeutic diets
  • Special transportation (work or medical)
  • Housekeeping services
  • Special telephone service/equipment for medical reasons
  • Occupational or trade tools
  • Distilled water for medical reasons
  • Work-related clothing required by an employer, such as uniforms, hard hats, and hansel-toe boots.
GUARANTEED INCOME (GI) PROJECTS AND PILOTS

Payments from GI projects and pilots that contain some amount of funding received from non-governmental entities. 

Note: Payments that are fully government-funded cannot be excluded from CalFresh. 

Refer to the GI Tracking List for a list of verified GI projects.

Note: If the GI program is not listed, provide the client with a Guaranteed Income Self-Identify Coversheet (SCD 2620) to give to the GI program. The GI program must follow the process on the SCD 2620 to be added to the GI Tracking List.

HEALTH INSURANCE BENEFITS Exempt any health insurance benefits, offered by employers, that cannot be received in the form of money paid directly to the household.
HOUSING AND URBAN DEVELOPMENT (HUD) PAYMENTS Exempt HUD payments to a landlord or mortgagee (person who owes the mortgage) for housing or utilities.
INDEPENDENT LIVING PROGRAM (ILP) Income and incentive payments earned by a child 16 years of age or older who is participating in the ILP when income is received as part of the ILP written transitional independent living plan. There is no limit to the amount exempted under this subsection.
INDIAN PAYMENTS Exempt only those payments listed under “Indian Payments.” Refer to Indian Payments [63-506].
INFREQUENT OR IRREGULAR INCOME Income that is received too infrequently or irregularly to be anticipated.
IN-KIND BENEFITS Exempt any gain or benefit which is not in the form of money (such as meals, clothing, or public housing).
JAPANESE ANCESTRY RESTITUTION PAYMENTS Paid under the Civil Liberties Act of 1988 to persons interned during World War II.
JOB TRAINING PARTNERSHIP ACT (JTPA)
  • Earned income of a child derived from participating in the JTPA. (See Child’s earnings for definition of child.)
  • All payments, other than earnings, to a child which are derived from participation in JTPA programs.
  • Payments to an adult which are derived from participation in JTPA programs to the extent the payment reimbursements do not exceed actual expenses.
KING V. MCMAHON PAYMENTS Exempt $100 per month paid by CDSS for State Hearing decisions issued beyond the 90-day or legally extended time period.
LOANS

Exempt all loans other than deferred educational loans. (Only verify if questionable.)

A statement signed by both parties stating that the payment is for a loan that must be repaid is sufficient.

MEDICARE DRUG DISCOUNT CARD PROGRAM Exempt as income any discount and/or credit received by a Medicare beneficiary through the drug discount card.
MILITARY PAY

Exempt a portion of military pay only if paid to military personnel deployed to a designated combat zone, and was not received immediately prior to serving in the combat zone.

Only exempt the portion of military pay, which exceeds the amount of pay which was being issued prior to deployment.

Refer to Combat Zone for further information.

NATIONAL AND COMMUNITY SERVICE ACT TITLE I PAYMENTS

EXEMPT:

This applies to income from:

  • Serve America American Conservation and Youth Corps Higher Education Program
  • Service-Learning Program
  • AmeriCorps State and National
  • NCCC
  • AmerCorp VISTA (only for individuals who are receiving CalFresh at the time they joined VISTA)
  • Summer for Safety Program
  • School-to-Work Opportunities Program
  • Youthbuild Program.
NAZI PERSECUTION VICTIM PAYMENTS  
NONRECURRING LUMP SUM PAYMENTS Exempt as income, but count as a resource. Refer to Nonrecurring Lump Sum Payments.
RADIATION EXPOSURE COMPENSATION TRUST FUND PAYMENTS

Exempt payments made under the Radiation Exposure Compensation Act of 1990 for certain diseases caused by radiation exposure

Reception and Placement (R&P) Income
  • R&P funds disbursed as a one-time payment, or issued in more than one payment in the same calendar month, it is considered a non-recurring lump sum payment and a resource in the month received.
  • R&P funds disbursed as vendor payments are excluded income. An expense paid with vendor payment is not allowed as a deduction for the month the payment is intended to cover.
  • Income “earmarked” by the VOLAG to be used for specific purposes (rent, utilities, furniture, etc.) are considered excluded income.

Note: Acceptable VOLAG verification must include information to determine if the R&P income received by the refugee was required to be spent for a specific purpose.

REIMBURSEMENTS Exempt any portion that does not exceed the expense or otherwise result in a gain or benefit. Do not exempt reimbursements for normal household living expenses (such as rent, mortgage, utilities, clothing, or food eaten at home). Refer to Reimbursements.
RELOCATION ASSISTANCE BENEFIT A Relocation Assistance Benefit paid by a public agency to a household that has been relocated as a result of redevelopment, urban renewal, freeway construction or any other public development involving demolition or condemnation of existing housing.
REPRESENTATIVE PAYMENTS Exempt money received and used for the care and maintenance of a third-party beneficiary who is not a household member.
RETROACTIVE PAYMENTS FROM AN ASSISTANCE PROGRAM Exempt payments for retroactive approval of an application; and court-ordered retroactive, supplemental, or corrective payments received for a previous month.
RICKY RAY HEMOPHILIA RELIEF FUND ACT PAYMENTS Exempt payments (allowances) received under Public Law 105-369 by individuals who have contracted HIV due to contaminated blood products used in the medical treatment of their blood-clotting disorder.
SCHOLARSHIPS Any award or scholarship provided to or on behalf of a dependent child based on the child’s academic or extracurricular activity.
SECTION 8 HOUSING ASSISTANCE - VENDOR PAYMENTS Exempt that portion of the rent which is vendor paid to the landlord by the Housing Authority under the Section 8 program.
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCSEP) FUNDS Paid under Title V of the Older Americans Act to persons age 55 and older.
SPINA BIFIDA ALLOWANCES (PAYMENTS) Exempt payments (allowances) received under Public Law 104-204 by Vietnam veterans’ children who are born with Spina Bifida.
STUDENT INCOME Refer to Students for a list of student income exemptions.
UNIFORM RELOCATION ASSISTANCE PAYMENTS Paid under the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970.
VENDOR PAYMENTS (CalWORKs, RCA, ECA)

Exempt if:

  • Paid to a third party for a household expense by a person or organization outside of the household, AND
  • Not legally obligated to be paid to the household.

Refer to Vendor Payments.

VENDOR PAYMENTS (NMD) Any portion of the foster care payment that is paid directly to a transitional housing placement provider for the Non-Minor Dependent (NMD) is considered exempt.
VENDOR PAYMENTS (GA) Exempt unless issued for housing (rent/mortgage). Refer to Vendor Payments.
VETERANS BENEFITS IMPROVEMENT AND HEALTH CARE PAY DEDUCTIONS Exempt the amount by which the basic pay of an individual is reduced under the Veterans Benefits Improvement and Health Care Authorization Act of 1986 (PL 99-576, Sec. 303[a][i]).
WORKFORCE INVESTMENT ACT (WIA), INCLUDING ALLOWANCES, EARNINGS & PAYMENTS

Exception: WIA on-the-job training earnings are only exempt for a dependent household member who is: 

  • Less than 19 years of age, and
  • Under parental control.
VOLUNTEER PAYMENTS

Exempt only those payments issued under the following program:

  • Title I of the Domestic Volunteer Services Act, only if the individual was already receiving CalFresh or federal CalWORKs when they joined the volunteer program. Include payments from:
  • AmeriCorps*VISTA payments
  • University Year for Action
  • Urban Crime Prevention Program.
  • Title II of the Domestic Volunteers Act, including:
  • RSVP
  • Foster Grandparents
  • Senior Companion Program.
  • SCSEP under Title V of the Older Americans Act, including:
  • Green Thumb
  • National Council on Aging
  • National Council of Senior Citizens
  • AARP
  • U.S. Forest Service
  • National Association for Spanish-Speaking Elderly
  • National Urban League
  • National Council on Black Aging.

 

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