SI 00830: Unearned Income

Effective Dates: 08/26/2014 - Present

TN 81 (03-00)

Citations:

P.L. 103-82, 42 U.S.C. 5044(f); 20 CFR 416.1124(b)

A. Background

The National and Community Service Trust Act of 1993 (NCSTA) (P.L. 103-82) established the Corporation for National and Community Service (CNCS) by combining two formerly independent agencies: the Commission on National Service and ACTION.

ACTION consisted of a number of volunteer service programs including:

Volunteers in Service to America (VISTA) (now AmeriCorps*VISTA);
University Year for ACTION (UYA);
Special and Demonstration Volunteer Programs;
Retired Senior Volunteer Program (RSVP);
Foster Grandparent Program;
Senior Companion Program.

B. Policy

1. General Exclusion

Payments to volunteers under chapter 66 of title 42 of the U.S. Code (the former ACTION programs) are excluded from income and resources.

2. Exception

Payments are not excluded if the CNCS determines that their value, adjusted to reflect the hours served, is equivalent to or greater than the minimum wage in effect under the Fair Labor Standards Act of 1938 or the minimum wage under the applicable State law, whichever is greater.

See assumption in SI 00830.610C.1. To date, the above determination has not been made and the agency does not foresee that such a determination will ever be made.

C. Procedure

1. Assumption

Assume that all payments made by CNCS under former ACTION programs are excludable.

2. Verify Program

Use documents in the individual's possession, contact with the program or agency involved or a precedent to verify that a program is one of those listed in SI 00830.610A. above or is otherwise funded by or according to agreement with the Federal Government under a former ACTION program.

3. Accept Allegation

Accept an individual's allegation of participation in a former ACTION program and exclude any payments from income and resources without further development or documentation.