TN 4 (03-05)

Citations:

Regulations - 20 CFR 416.1103

A. Introduction

Some items received by an individual are not income because they do not meet the definition of income in SI 00810.005. Other items are income by definition but are excluded from an individual’s income by Federal statute (see SI 00830.099 – Guide to Unearned Income Exclusions).

The adjudicator must distinguish between an item which is not income by definition and an item which is excluded from income by Federal statute. The field office can determine if an item does not meet the definition of income using the policy below. Only those items specifically listed in the law and regulations as income exclusions can be excluded from income.

B. Policy - What is not income - beginning 03/09/2005

An item received is not income if:

• it is neither food nor shelter; or

• it cannot be used to obtain food or shelter.

REMINDER: Even when an item is not income, it subject to evaluation as a resource when it is retained as of the first moment of the month after the month of receipt (See SI 01110.600.).

NOTE: See SI 00835.400 for in-kind support and maintenance policy and procedures pertaining to this regulation change.

C. Policy – What is not income - before 03/09/2005

Prior to a regulation change on 03/09/2005, the SSI definition of what is not income included “clothing” as follows:

An item received is not income if it is not food, clothing, or shelter or it cannot be used to obtain food, clothing, or shelter.

D. Procedure - Determining what is not income

1. When an item is not income

In evaluating whether or not an item meets the definition of income, determine if the item is:

• Food or shelter; or

• Something the individual can use to obtain food or shelter.

An item is not income if it does not meet either of the above criteria. However when developing income for a period prior to 03/09/05, “clothing” must be considered when determining if an item meets the definition of income.

2. Documentation requirements

Do not document the receipt of those items listed in this subchapter which are not income unless:

• Documentation is required by specific operating instructions elsewhere (e.g., rebates and refunds in SI 00815.250); or

• It is material to an eligibility determination or payment computation (e.g., unstated income development in SI 00810.035).

E. References

SI 00810.025, Effects of Garnishment

SI 00820.102, Cafeteria Benefit Plans

SI 00830.099, Guide to Unearned Income Exclusions

SI 00835.400, ISM to One Person