7 U.S.C. § 2014 : US Code - Section 2014: Eligible households

Search 7 U.S.C. § 2014 : US Code - Section 2014: Eligible households

(a) Income and other financial resources as substantial limiting
factors in obtaining more nutritious diet; recipients under
Social Security Act
Participation in the food stamp program shall be limited to those
households whose incomes and other financial resources, held singly
or in joint ownership, are determined to be a substantial limiting
factor in permitting them to obtain a more nutritious diet.
Notwithstanding any other provisions of this chapter except
sections 2015(b), 2015(d)(2), and 2015(g) of this title and section
2012(i)(4) of this title, households in which each member receives
benefits under a State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.), supplemental
security income benefits under title XVI of the Social Security Act
[42 U.S.C. 1381 et seq.], or aid to the aged, blind, or disabled
under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C.
301 et seq., 1201 et seq., 1351 et seq., or 1381 et seq.], shall be
eligible to participate in the food stamp program. Except for
sections 2015, 2025(e)(1), and section 2012(i)(4) of this title,
households in which each member receives benefits under a State or
local general assistance program that complies with standards
established by the Secretary for ensuring that the program is based
on income criteria comparable to or more restrictive than those
under subsection (c)(2) of this section, and not limited to one-
time emergency payments that cannot be provided for more than one
consecutive month, shall be eligible to participate in the food
stamp program. Assistance under this program shall be furnished to
all eligible households who make application for such
participation.
(b) Eligibility standards
Except as otherwise provided in this chapter, the Secretary shall
establish uniform national standards of eligibility (other than the
income standards for Alaska, Hawaii, Guam, and the Virgin Islands
of the United States established in accordance with subsections (c)
and (e) of this section) for participation by households in the
food stamp program in accordance with the provisions of this
section. No plan of operation submitted by a State agency shall be
approved unless the standards of eligibility meet those established
by the Secretary, and no State agency shall impose any other
standards of eligibility as a condition for participating in the
program.
(c) Gross income standard
The income standards of eligibility shall be adjusted each
October 1 and shall provide that a household shall be ineligible to
participate in the food stamp program if - 
(1) the household's income (after the exclusions and deductions
provided for in subsections (d) and (e) of this section) exceeds
the poverty line, as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), for the forty-eight
contiguous States and the District of Columbia, Alaska, Hawaii,
the Virgin Islands of the United States, and Guam, respectively;
and
(2) in the case of a household that does not include an elderly
or disabled member, the household's income (after the exclusions
provided for in subsection (d) of this section but before the
deductions provided for in subsection (e) of this section)
exceeds such poverty line by more than 30 per centum.
In no event shall the standards of eligibility for the Virgin
Islands of the United States or Guam exceed those in the forty-
eight contiguous States.
(d) Income excluded in computing household income
Household income for purposes of the food stamp program shall
include all income from whatever source excluding only (1) any gain
or benefit which is not in the form of money payable directly to a
household (notwithstanding its conversion in whole or in part to
direct payments to households pursuant to any demonstration project
carried out or authorized under Federal law including demonstration
projects created by the waiver of provisions of Federal law), (2)
any income in the certification period which is received too
infrequently or irregularly to be reasonably anticipated, but not
in excess of $30 in a quarter, subject to modification by the
Secretary in light of subsection (f) of this section, (3) all
educational loans on which payment is deferred, grants,
scholarships, fellowships, veterans' educational benefits, and the
like (A) awarded to a household member enrolled at a recognized
institution of post-secondary education, at a school for the
handicapped, in a vocational education program, or in a program
that provides for completion of a secondary school diploma or
obtaining the equivalent thereof, (B) to the extent that they do
not exceed the amount used for or made available as an allowance
determined by such school, institution, program, or other grantor,
for tuition and mandatory fees (including the rental or purchase of
any equipment, materials, and supplies related to the pursuit of
the course of study involved), books, supplies, transportation, and
other miscellaneous personal expenses (other than living expenses),
of the student incidental to attending such school, institution, or
program, and (C) to the extent loans include any origination fees
and insurance premiums, (4) all loans other than educational loans
on which repayment is deferred, (5) reimbursements which do not
exceed expenses actually incurred and which do not represent a gain
or benefit to the household and any allowance a State agency
provides no more frequently than annually to families with children
on the occasion of those children's entering or returning to school
or child care for the purpose of obtaining school clothes (except
that no such allowance shall be excluded if the State agency
reduces monthly assistance under a State program funded under part
A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) in
the month for which the allowance is provided): Provided, That no
portion of benefits provided under title IV-A of the Social
Security Act [42 U.S.C. 601 et seq.], to the extent it is
attributable to an adjustment for work-related or child care
expenses (except for payments or reimbursements for such expenses
made under an employment, education, or training program initiated
under such title after September 19, 1988), and no portion of any
educational loan on which payment is deferred, grant, scholarship,
fellowship, veterans' benefits, and the like that are provided for
living expenses, shall be considered such reimbursement, (6) moneys
received and used for the care and maintenance of a third-party
beneficiary who is not a household member, and child support
payments made by a household member to or for an individual who is
not a member of the household if the household member is legally
obligated to make the payments, (7) income earned by a child who is
a member of the household, who is an elementary or secondary school
student, and who is 17 years of age or younger, (8) moneys received
in the form of nonrecurring lump-sum payments, including, but not
limited to, income tax refunds, rebates, or credits, cash donations
based on need that are received from one or more private nonprofit
charitable organizations, but not in excess of $300 in the
aggregate in a quarter, retroactive lump-sum social security or
railroad retirement pension payments and retroactive lump-sum
insurance settlements: Provided, That such payments shall be
counted as resources, unless specifically excluded by other laws,
(9) the cost of producing self-employed income, but household
income that otherwise is included under this subsection shall be
reduced by the extent that the cost of producing self-employment
income exceeds the income derived from self-employment as a farmer,
(10) any income that any other Federal law specifically excludes
from consideration as income for purposes of determining
eligibility for the food stamp program except as otherwise provided
in subsection (k) of this section, (11)(A) any payments or
allowances made for the purpose of providing energy assistance
under any Federal law (other than part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)), or (B) a 1-time payment or
allowance made under a Federal or State law for the costs of
weatherization or emergency repair or replacement of an unsafe or
inoperative furnace or other heating or cooling device, (12)
through September 30 of any fiscal year, any increase in income
attributable to a cost-of-living adjustment made on or after July 1
of such fiscal year under title II or XVI of the Social Security
Act [42 U.S.C. 401 et seq., 1381 et seq.], section 3(a)(1) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231b(a)(1)), or section
5312 of title 38, if the household was certified as eligible to
participate in the food stamp program or received an allotment in
the month immediately preceding the first month in which the
adjustment was effective, (13) any payment made to the household
under section 3507 of title 26 (relating to advance payment of
earned income credit), (14) any payment made to the household under
section 2015(d)(4)(I) of this title for work related expenses or
for dependent care, (15) any amounts necessary for the fulfillment
of a plan for achieving self-support of a household member as
provided under subparagraph (A)(iii) or (B)(iv) of section
1612(b)(4) of the Social Security Act (42 U.S.C. 1382a(b)(4)), (16)
at the option of the State agency, any educational loans on which
payment is deferred, grants, scholarships, fellowships, veterans'
educational benefits, and the like (other than loans, grants,
scholarships, fellowships, veterans' educational benefits, and the
like excluded under paragraph (3)), to the extent that they are
required to be excluded under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.), (17) at the option of the State agency,
any State complementary assistance program payments that are
excluded for the purpose of determining eligibility for medical
assistance under section 1931 of the Social Security Act (42 U.S.C.
1396u-1), and (18) at the option of the State agency, any types of
income that the State agency does not consider when determining
eligibility for (A) cash assistance under a program funded under
part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) or the amount of such assistance, or (B) medical assistance
under section 1931 of the Social Security Act (42 U.S.C. 1396u-1),
except that this paragraph does not authorize a State agency to
exclude wages or salaries, benefits under title I, II, IV, X, XIV,
or XVI of the Social Security Act (42 U.S.C. 301 et seq. [, 401 et
seq., 601 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]),
regular payments from a government source (such as unemployment
benefits and general assistance), worker's compensation, child
support payments made to a household member by an individual who is
legally obligated to make the payments, or such other types of
income the consideration of which the Secretary determines by
regulation to be essential to equitable determinations of
eligibility and benefit levels.
(e) Deductions from income
(1) Standard deduction
(A) In general
(i) Deduction
The Secretary shall allow a standard deduction for each
household in the 48 contiguous States and the District of
Columbia, Alaska, Hawaii, and the Virgin Islands of the
United States in an amount that is - 
(I) equal to 8.31 percent of the income standard of
eligibility established under subsection (c)(1) of this
section; but
(II) not more than 8.31 percent of the income standard of
eligibility established under subsection (c)(1) of this
section for a household of 6 members.
(ii) Minimum amount
Notwithstanding clause (i), the standard deduction for each
household in the 48 contiguous States and the District of
Columbia, Alaska, Hawaii, and the Virgin Islands of the
United States shall be not less than $134, $229, $189, and
$118, respectively.
(B) Guam
(i) In general
The Secretary shall allow a standard deduction for each
household in Guam in an amount that is - 
(I) equal to 8.31 percent of twice the income standard of
eligibility established under subsection (c)(1) of this
section for the 48 contiguous States and the District of
Columbia; but
(II) not more than 8.31 percent of twice the income
standard of eligibility established under subsection (c)(1)
of this section for the 48 contiguous States and the
District of Columbia for a household of 6 members.
(ii) Minimum amount
Notwithstanding clause (i), the standard deduction for each
household in Guam shall be not less than $269.
(2) Earned income deduction
(A) "Earned income" defined
In this paragraph, the term "earned income" does not include -

(i) income excluded by subsection (d) of this section; or
(ii) any portion of income earned under a work
supplementation or support program, as defined under section
2025(b) of this title, that is attributable to public
assistance.
(B) Deduction
Except as provided in subparagraph (C), a household with
earned income shall be allowed a deduction of 20 percent of all
earned income to compensate for taxes, other mandatory
deductions from salary, and work expenses.
(C) Exception
The deduction described in subparagraph (B) shall not be
allowed with respect to determining an overissuance due to the
failure of a household to report earned income in a timely
manner.
(3) Dependent care deduction
(A) In general
A household shall be entitled, with respect to expenses
(other than excluded expenses described in subparagraph (B))
for dependent care, to a dependent care deduction, the maximum
allowable level of which shall be $200 per month for each
dependent child under 2 years of age and $175 per month for
each other dependent, for the actual cost of payments necessary
for the care of a dependent if the care enables a household
member to accept or continue employment, or training or
education that is preparatory for employment.
(B) Excluded expenses
The excluded expenses referred to in subparagraph (A) are - 
(i) expenses paid on behalf of the household by a third
party;
(ii) amounts made available and excluded, for the expenses
referred to in subparagraph (A), under subsection (d)(3) of
this section; and
(iii) expenses that are paid under section 2015(d)(4) of
this title.
(4) Deduction for child support payments
(A) In general
In lieu of providing an exclusion for legally obligated child
support payments made by a household member under subsection
(d)(6) of this section, a State agency may elect to provide a
deduction for the amount of the payments.
(B) Order of determining deductions
A deduction under this paragraph shall be determined before
the computation of the excess shelter expense deduction under
paragraph (6).
(5) Excess medical expense deduction
(A) In general
A household containing an elderly or disabled member shall be
entitled, with respect to expenses other than expenses paid on
behalf of the household by a third party, to an excess medical
expense deduction for the portion of the actual costs of
allowable medical expenses, incurred by the elderly or disabled
member, exclusive of special diets, that exceeds $35 per month.
(B) Method of claiming deduction
(i) In general
A State agency shall offer an eligible household under
subparagraph (A) a method of claiming a deduction for
recurring medical expenses that are initially verified under
the excess medical expense deduction in lieu of submitting
information on, or verification of, actual expenses on a
monthly basis.
(ii) Method
The method described in clause (i) shall - 
(I) be designed to minimize the burden for the eligible
elderly or disabled household member choosing to deduct the
recurrent medical expenses of the member pursuant to the
method;
(II) rely on reasonable estimates of the expected medical
expenses of the member for the certification period
(including changes that can be reasonably anticipated based
on available information about the medical condition of the
member, public or private medical insurance coverage, and
the current verified medical expenses incurred by the
member); and
(III) not require further reporting or verification of a
change in medical expenses if such a change has been
anticipated for the certification period.
(6) Excess shelter expense deduction
(A) In general
A household shall be entitled, with respect to expenses other
than expenses paid on behalf of the household by a third party,
to an excess shelter expense deduction to the extent that the
monthly amount expended by a household for shelter exceeds an
amount equal to 50 percent of monthly household income after
all other applicable deductions have been allowed.
(B) Maximum amount of deduction
In the case of a household that does not contain an elderly
or disabled individual, in the 48 contiguous States and the
District of Columbia, Alaska, Hawaii, Guam, and the Virgin
Islands of the United States, the excess shelter expense
deduction shall not exceed - 
(i) for the period beginning on August 22, 1996, and ending
on December 31, 1996, $247, $429, $353, $300, and $182 per
month, respectively;
(ii) for the period beginning on January 1, 1997, and
ending on September 30, 1998, $250, $434, $357, $304, and
$184 per month, respectively;
(iii) for fiscal year 1999, $275, $478, $393, $334, and
$203 per month, respectively;
(iv) for fiscal year 2000, $280, $483, $398, $339, and $208
per month, respectively;
(v) for fiscal year 2001, $340, $543, $458, $399, and $268
per month, respectively; and
(vi) for fiscal year 2002 and each subsequent fiscal year,
the applicable amount during the preceding fiscal year, as
adjusted to reflect changes for the 12-month period ending
the preceding November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor.
(C) Standard utility allowance
(i) In general
In computing the excess shelter expense deduction, a State
agency may use a standard utility allowance in accordance
with regulations promulgated by the Secretary, except that a
State agency may use an allowance that does not fluctuate
within a year to reflect seasonal variations.
(ii) Restrictions on heating and cooling expenses
An allowance for a heating or cooling expense may not be
used in the case of a household that - 
(I) does not incur a heating or cooling expense, as the
case may be;
(II) does incur a heating or cooling expense but is
located in a public housing unit that has central utility
meters and charges households, with regard to the expense,
only for excess utility costs; or
(III) shares the expense with, and lives with, another
individual not participating in the food stamp program,
another household participating in the food stamp program,
or both, unless the allowance is prorated between the
household and the other individual, household, or both.
(iii) Mandatory allowance
(I) In general
A State agency may make the use of a standard utility
allowance mandatory for all households with qualifying
utility costs if - 
(aa) the State agency has developed 1 or more standards
that include the cost of heating and cooling and 1 or
more standards that do not include the cost of heating
and cooling; and
(bb) the Secretary finds (without regard to subclause
(III)) that the standards will not result in an increased
cost to the Secretary.
(II) Household election
A State agency that has not made the use of a standard
utility allowance mandatory under subclause (I) shall allow
a household to switch, at the end of a certification
period, between the standard utility allowance and a
deduction based on the actual utility costs of the
household.
(III) Inapplicability of certain restrictions
Clauses (ii)(II) and (ii)(III) shall not apply in the
case of a State agency that has made the use of a standard
utility allowance mandatory under subclause (I).
(iv) Availability of allowance to recipients of energy
assistance
(I) In general
Subject to subclause (II), if a State agency elects to
use a standard utility allowance that reflects heating or
cooling costs, the standard utility allowance shall be made
available to households receiving a payment, or on behalf
of which a payment is made, under the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or
other similar energy assistance program, if the household
still incurs out-of-pocket heating or cooling expenses in
excess of any assistance paid on behalf of the household to
an energy provider.
(II) Separate allowance
A State agency may use a separate standard utility
allowance for households on behalf of which a payment
described in subclause (I) is made, but may not be required
to do so.
(III) States not electing to use separate allowance
A State agency that does not elect to use a separate
allowance but makes a single standard utility allowance
available to households incurring heating or cooling
expenses (other than a household described in subclause (I)
or (II) of clause (ii)) may not be required to reduce the
allowance due to the provision (directly or indirectly) of
assistance under the Low-Income Home Energy Assistance Act
of 1981 (42 U.S.C. 8621 et seq.).
(IV) Proration of assistance
For the purpose of the food stamp program, assistance
provided under the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.) shall be considered to be
prorated over the entire heating or cooling season for
which the assistance was provided.
(D) Homeless households
(i) Alternative deduction
In lieu of the deduction provided under subparagraph (A), a
State agency may elect to allow a household in which all
members are homeless individuals, but that is not receiving
free shelter throughout the month, to receive a deduction of
$143 per month.
(ii) Ineligibility
The State agency may make a household with extremely low
shelter costs ineligible for the alternative deduction under
clause (i).
(f) Calculation of household income; prospective or retrospective
accounting basis; consistency
(1)(A) Household income for those households that, by contract
for other than an hourly or piecework basis or by self-employment,
derive their annual income in a period of time shorter than one
year shall be calculated by averaging such income over a twelve-
month period. Notwithstanding the preceding sentence, household
income resulting from the self-employment of a member in a farming
operation, who derives income from such farming operation and who
has irregular expenses to produce such income, may, at the option
of the household, be calculated by averaging such income and
expenses over a 12-month period. Notwithstanding the first
sentence, if the averaged amount does not accurately reflect the
household's actual monthly circumstances because the household has
experienced a substantial increase or decrease in business
earnings, the State agency shall calculate the self-employment
income based on anticipated earnings.
(B) Household income for those households that receive
nonexcluded income of the type described in subsection (d)(3) of
this section shall be calculated by averaging such income over the
period for which it is received.
(C) Simplified determination of deductions. - 
(i) In general. - Except as provided in clause (ii), for the
purposes of subsection (e) of this section, a State agency may
elect to disregard until the next recertification of eligibility
under section 2020(e)(4) of this title 1 or more types of changes
in the circumstances of a household that affect the amount of
deductions the household may claim under subsection (e) of this
section.
(ii) Changes that may not be disregarded. - Under clause (i), a
State agency may not disregard - 
(I) any reported change of residence; or
(II) under standards prescribed by the Secretary, any change
in earned income.
(2)(A) Except as provided in subparagraphs (B), (C), and (D),
households shall have their incomes calculated on a prospective
basis, as provided in paragraph (3)(A), or, at the option of the
State agency, on a retrospective basis, as provided in paragraph
(3)(B).
(B) In the case of the first month, or at the option of the
State, the first and second months, during a continuous period in
which a household is certified, the State agency shall determine
eligibility and the amount of benefits on the basis of the
household's income and other relevant circumstances in such first
or second month.
(C) Households specified in clauses (i), (ii), and (iii) of
section 2015(c)(1)(A) of this title shall have their income
calculated on a prospective basis, as provided in paragraph (3)(A).
(D) Except as provided in subparagraph (B), households required
to submit monthly reports of their income and household
circumstances under section 2015(c)(1) of this title shall have
their income calculated on a retrospective basis, as provided in
paragraph (3)(B).
(3)(A) Calculation of household income on a prospective basis is
the calculation of income on the basis of the income reasonably
anticipated to be received by the household during the period for
which eligibility or benefits are being determined. Such
calculation shall be made in accordance with regulations prescribed
by the Secretary which shall provide for taking into account both
the income reasonably anticipated to be received by the household
during the period for which eligibility or benefits are being
determined and the income received by the household during the
preceding thirty days.
(B) Calculation of household income on a retrospective basis is
the calculation of income for the period for which eligibility or
benefits are being determined on the basis of income received in a
previous period. Such calculation shall be made in accordance with
regulations prescribed by the Secretary which may provide for the
determination of eligibility on a prospective basis in some or all
cases in which benefits are calculated under this paragraph. Such
regulations shall provide for supplementing the initial allotments
of newly applying households in those cases in which the
determination of income under this paragraph causes serious
hardship.
(4) In promulgating regulations under this subsection, the
Secretary shall consult with the Secretary of Health and Human
Services in order to assure that, to the extent feasible and
consistent with the purposes of this chapter and the Social
Security Act [42 U.S.C. 301 et seq.], the income of households
receiving benefits under this chapter and title IV-A of the Social
Security Act [42 U.S.C. 601 et seq.] is calculated on a comparable
basis under this chapter and the Social Security Act. The Secretary
is authorized, upon the request of a State agency, to waive any of
the provisions of this subsection (except the provisions of
paragraph (2)(A)) to the extent necessary to permit the State
agency to calculate income for purposes of this chapter on the same
basis that income is calculated under title IV-A of the Social
Security Act in that State.
(g) Allowable financial resources which eligible household may own
(1) The Secretary shall prescribe the types and allowable amounts
of financial resources (liquid and nonliquid assets) an eligible
household may own, and shall, in so doing, assure that a household
otherwise eligible to participate in the food stamp program will
not be eligible to participate if its resources exceed $2,000, or,
in the case of a household which consists of or includes an elderly
or disabled member, if its resources exceed $3,000.
(2) Included assets. - 
(A) In general. - Subject to the other provisions of this
paragraph, the Secretary shall, in prescribing inclusions in, and
exclusions from, financial resources, follow the regulations in
force as of June 1, 1982 (other than those relating to licensed
vehicles and inaccessible resources).
(B) Additional included assets. - The Secretary shall include
in financial resources - 
(i) any boat, snowmobile, or airplane used for recreational
purposes;
(ii) any vacation home;
(iii) any mobile home used primarily for vacation purposes;
(iv) subject to subparagraphs (C) and (D), any licensed
vehicle that is used for household transportation or to obtain
or continue employment to the extent that the fair market value
of the vehicle exceeds $4,650; and
(v) any savings or retirement account (including an
individual account), regardless of whether there is a penalty
for early withdrawal.
(C) Excluded vehicles. - A vehicle (and any other property,
real or personal, to the extent the property is directly related
to the maintenance or use of the vehicle) shall not be included
in financial resources under this paragraph if the vehicle is - 
(i) used to produce earned income;
(ii) necessary for the transportation of a physically
disabled household member; or
(iii) depended on by a household to carry fuel for heating or
water for home use and provides the primary source of fuel or
water, respectively, for the household.
(D) Alternative vehicle allowance. - If the vehicle allowance
standards that a State agency uses to determine eligibility for
assistance under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) would
result in a lower attribution of resources to certain households
than under subparagraph (B)(iv), in lieu of applying subparagraph
(B)(iv), the State agency may elect to apply the State vehicle
allowance standards to all households that would incur a lower
attribution of resources under the State vehicle allowance
standards.
(3) The Secretary shall exclude from financial resources the
value of a burial plot for each member of a household and nonliquid
resources necessary to allow the household to carry out a plan for
self-sufficiency approved by the State agency that constitutes
adequate participation in an employment and training program under
section 2015(d) of this title. The Secretary shall also exclude
from financial resources any earned income tax credits received by
any member of the household for a period of 12 months from receipt
if such member was participating in the food stamp program at the
time the credits were received and participated in such program
continuously during the 12-month period.
(4) In the case of farm property (including land, equipment, and
supplies) that is essential to the self-employment of a household
member in a farming operation, the Secretary shall exclude from
financial resources the value of such property until the expiration
of the 1-year period beginning on the date such member ceases to be
self-employed in farming.
(5) The Secretary shall promulgate rules by which State agencies
shall develop standards for identifying kinds of resources that, as
a practical matter, the household is unlikely to be able to sell
for any significant return because the household's interest is
relatively slight or because the cost of selling the household's
interest would be relatively great. Resources so identified shall
be excluded as inaccessible resources. A resource shall be so
identified if its sale or other disposition is unlikely to produce
any significant amount of funds for the support of the household.
The Secretary shall not require the State agency to require
verification of the value of a resource to be excluded under this
paragraph unless the State agency determines that the information
provided by the household is questionable.
(6) Exclusion of types of financial resources not considered
under certain other federal programs. - 
(A) In general. - Subject to subparagraph (B), a State agency
may, at the option of the State agency, exclude from financial
resources under this subsection any types of financial resources
that the State agency does not consider when determining
eligibility for - 
(i) cash assistance under a program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et seq.); or
(ii) medical assistance under section 1931 of the Social
Security Act (42 U.S.C. 1396u-1).
(B) Limitations. - Except to the extent that any of the types
of resources specified in clauses (i) through (iv) are excluded
under another paragraph of this subsection, subparagraph (A) does
not authorize a State agency to exclude - 
(i) cash;
(ii) licensed vehicles;
(iii) amounts in any account in a financial institution that
are readily available to the household; or
(iv) any other similar type of resource the inclusion in
financial resources of which the Secretary determines by
regulation to be essential to equitable determinations of
eligibility under the food stamp program.
(h) Temporary emergency standards of eligibility; Food Stamp
Disaster Task Force; direct assistance to State and local
officials
(1) The Secretary shall, after consultation with the official
empowered to exercise the authority provided for by sections 5170a
and 5192 of title 42, establish temporary emergency standards of
eligibility for the duration of the emergency for households who
are victims of a disaster which disrupts commercial channels of
food distribution, if such households are in need of temporary food
assistance and if commercial channels of food distribution have
again become available to meet the temporary food needs of such
households. Such standards as are prescribed for individual
emergencies may be promulgated without regard to section 2013(c) of
this title or the procedures set forth in section 553 of title 5.
(2) The Secretary shall - 
(A) establish a Food Stamp Disaster Task Force to assist States
in implementing and operating the disaster program and the
regular food stamp program in the disaster area; and
(B) if the Secretary, in the Secretary's discretion, determines
that it is cost-effective to send members of the Task Force to
the disaster area, the Secretary shall send them to such area as
soon as possible after the disaster occurs to provide direct
assistance to State and local officials.
(3)(A) The Secretary shall provide, by regulation, for emergency
allotments to eligible households to replace food destroyed in a
disaster. The regulations shall provide for replacement of the
value of food actually lost up to a limit approved by the Secretary
not greater than the applicable maximum monthly allotment for the
household size.
(B) The Secretary shall adjust issuance methods and reporting and
other application requirements to be consistent with what is
practicable under actual conditions in the affected area. In making
this adjustment, the Secretary shall consider the availability of
the State agency's offices and personnel, any conditions that make
reliance on electronic benefit transfer systems described in
section 2016(i) of this title impracticable, and any damage to or
disruption of transportation and communication facilities.
(i) Attribution of income and resources to sponsored aliens;
coverage, computations, etc.
(1) For purposes of determining eligibility for and the amount of
benefits under this chapter for an individual who is an alien as
described in section 2015(f)(2)(B) of this title, the income and
resources of any person who as a sponsor of such individual's entry
into the United States executed an affidavit of support or similar
agreement with respect to such individual, and the income and
resources of the sponsor's spouse if such spouse is living with the
sponsor, shall be deemed to be the income and resources of such
individual for a period of three years after the individual's entry
into the United States. Any such income deemed to be income of such
individual shall be treated as unearned income of such individual.
(2)(A) The amount of income of a sponsor, and the sponsor's
spouse if living with the sponsor, which shall be deemed to be the
unearned income of an alien for any year shall be determined as
follows:
(i) the total yearly rate of earned and unearned income of such
sponsor, and such sponsor's spouse if such spouse is living with
the sponsor, shall be determined for such year under rules
prescribed by the Secretary;
(ii) the amount determined under clause (i) of this
subparagraph shall be reduced by an amount equal to the income
eligibility standard as determined under subsection (c) of this
section for a household equal in size to the sponsor, the
sponsor's spouse if living with the sponsor, and any persons
dependent upon or receiving support from the sponsor or the
sponsor's spouse if the spouse is living with the sponsor; and
(iii) the monthly income attributed to such alien shall be one-
twelfth of the amount calculated under clause (ii) of this
subparagraph.
(B) The amount of resources of a sponsor, and the sponsor's
spouse if living with the sponsor, which shall be deemed to be the
resources of an alien for any year shall be determined as follows:
(i) the total amount of the resources of such sponsor and such
sponsor's spouse if such spouse is living with the sponsor shall
be determined under rules prescribed by the Secretary;
(ii) the amount determined under clause (i) of this
subparagraph shall be reduced by $1,500; and
(iii) the resources determined under clause (ii) of this
subparagraph shall be deemed to be resources of such alien in
addition to any resources of such alien.
(C)(i) Any individual who is an alien shall, during the period of
three years after entry into the United States, in order to be an
eligible individual or eligible spouse for purposes of this
chapter, be required to provide to the State agency such
information and documentation with respect to the alien's sponsor
and sponsor's spouse as may be necessary in order for the State
agency to make any determination required under this section, and
to obtain any cooperation from such sponsor necessary for any such
determination. Such alien shall also be required to provide such
information and documentation which such alien or the sponsor
provided in support of such alien's immigration application as the
State agency may request.
(ii) The Secretary shall enter into agreements with the Secretary
of State and the Attorney General whereby any information available
to such persons and required in order to make any determination
under this section will be provided by such persons to the
Secretary, and whereby such persons shall inform any sponsor of an
alien, at the time such sponsor executes an affidavit of support or
similar agreement, of the requirements imposed by this section.
(D) Any sponsor of an alien, and such alien, shall be jointly and
severably liable for an amount equal to any overpayment made to
such alien during the period of three years after such alien's
entry into the United States, on account of such sponsor's failure
to provide correct information under the provisions of this
section, except where such sponsor was without fault, or where good
cause for such failure existed. Any such overpayment which is not
repaid shall be recovered in accordance with the provisions of
section 2022(b)(2) (!1) of this title.
(E) The provisions of this subsection shall not apply with
respect to any alien who is a member of the sponsor's household, as
defined in section 2012(i) of this title, or to any alien who is
under 18 years of age.
(j) Resource exemption for otherwise exempt households
Notwithstanding subsections (a) through (i) of this section, a
State agency shall consider a household member who receives
supplemental security income benefits under title XVI of the Social
Security Act [42 U.S.C. 1381 et seq.], aid to the aged, blind, or
disabled under title I, II, X, XIV, or XVI of such Act [42 U.S.C.
301 et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et
seq.], or who receives benefits under a State program funded under
part A of title IV of the Act (42 U.S.C. 601 et seq.) to have
satisfied the resource limitations prescribed under subsection (g)
of this section.
(k) Assistance to third parties included; educational benefits;
exceptions
(1) For purposes of subsection (d)(1) of this section, except as
provided in paragraph (2), assistance provided to a third party on
behalf of a household by a State or local government shall be
considered money payable directly to the household if the
assistance is provided in lieu of - 
(A) a regular benefit payable to the household for living
expenses under a State program funded under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.); or
(B) a benefit payable to the household for housing expenses
under - 
(i) a State or local general assistance program; or
(ii) another basic assistance program comparable to general
assistance (as determined by the Secretary).
(2) Paragraph (1) shall not apply to - 
(A) medical assistance;
(B) child care assistance;
(C) a payment or allowance described in subsection (d)(11) of
this section;
(D) assistance provided by a State or local housing authority;
(E) emergency assistance for migrant or seasonal farmworker
households during the period such households are in the job
stream;
(F) emergency and special assistance, to the extent excluded in
regulations prescribed by the Secretary; or
(G) assistance provided to a third party on behalf of a
household under a State or local general assistance program, or
another local basic assistance program comparable to general
assistance (as determined by the Secretary), if, under State law,
no assistance under the program may be provided directly to the
household in the form of a cash payment.
(3) For purposes of subsection (d)(1) of this section,
educational loans on which payment is deferred, grants,
scholarships, fellowships, veterans' educational benefits, and the
like that are provided to a third party on behalf of a household
for living expenses shall be treated as money payable directly to
the household.
(4) Third party energy assistance payments. - 
(A) Energy assistance payments. - For purposes of subsection
(d)(1) of this section, a payment made under a State law (other
than a law referred to in paragraph (2)(H)) (!1) to provide
energy assistance to a household shall be considered money
payable directly to the household.
(B) Energy assistance expenses. - For purposes of subsection
(e)(6) of this section, an expense paid on behalf of a household
under a State law to provide energy assistance shall be
considered an out-of-pocket expense incurred and paid by the
household.
(l) Earnings to participants of on-the-job training programs;
exception
Notwithstanding section 181(a)(2) of the Workforce Investment Act
of 1998 [29 U.S.C. 2931(a)(2)], earnings to individuals
participating in on-the-job training under title I of the Workforce
Investment Act of 1998 [29 U.S.C. 2801 et seq.] shall be considered
earned income for purposes of the food stamp program, except for
dependents less than 19 years of age.
(m) Simplified calculation of income for self-employed
(1) In general
Not later than 1 year after August 22, 1996, the Secretary
shall establish a procedure by which a State may submit a method,
designed to not increase Federal costs, for the approval of the
Secretary, that the Secretary determines will produce a
reasonable estimate of income excluded under subsection (d)(9) of
this section in lieu of calculating the actual cost of producing
self-employment income.
(2) Inclusive of all types of income or limited types of income
The method submitted by a State under paragraph (1) may allow a
State to estimate income for all types of self-employment income
or may be limited to 1 or more types of self-employment income.
(3) Differences for different types of income
The method submitted by a State under paragraph (1) may differ
for different types of self-employment income.
(n) State options to simplify determination of child support
payments
Regardless of whether a State agency elects to provide a
deduction under subsection (e)(4) of this section, the Secretary
shall establish simplified procedures to allow State agencies, at
the option of the State agencies, to determine the amount of any
legally obligated child support payments made, including procedures
to allow the State agency to rely on information from the agency
responsible for implementing the program under part D of title IV
of the Social Security Act (42 U.S.C. 651 et seq.) concerning
payments made in prior months in lieu of obtaining current
information from the households.