TN 50 (06-04)

Citations:

42 U.S.C. 5044(f);

20 CFR 416.1124(b)

A. Background

In 1993, the National and Community Service Trust Act (NCSTA) 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 services 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 resources.

2. Exception

Payments are not excluded if 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.

NOTE: See assumption in SI 01130.687C.1. To date, the above determination has not been made and the agency does not foresee that such a determination will ever be made.

3. Interest

Prior to July 1, 2004, interest earned on unspent payments made by CNCS are not excluded from income. For SSI benefits payable on or after July 1, 2004, interest earned on unspent payments made by CNCS is excluded from income. (See SI 00830.500C.)

C. Procedure

1. Assumption

Assume that all payments made by CNCS under former ACTION programs are excluded from resources.

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 01130.687A. 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 resources without further development or documentation.

D. References

• AmeriCorps and National Civilian Community Corps Payments, SI 00830.537

• Exclusion from income of payments to former ACTION volunteers under the Corporation for National and Community Service programs, SI 00830.610