The Social Security Act and other federal statutes or state laws list income that the agency excludes when determining eligibility for Washington apple health (WAH) SSI-related medical programs. These exclusions include, but are not limited to:
(1) Income tax refunds;
(2) Federal earned income tax credit (EITC) payments for 12 months after the month of receipt;
(3) Compensation provided to volunteers in the Corporation for National and Community Service (CNCS), formerly known as ACTION programs established by the Domestic Volunteer Service Act of 1973. P.L. 93-113;
(4) Assistance to a person (other than wages or salaries) under the Older Americans Act of 1965, as amended by section 102 (h)(1) of Pub. L. 95-478 (92 Stat. 1515, 42 U.S.C. 3020a);
(5) Federal, state and local government payments including assistance provided in cash or in-kind under any government program that provides medical or social services;
(6) Certain cash or in-kind payments a person receives from a governmental or nongovernmental medical or social service agency to pay for medical or social services;
(7) Value of food provided through a federal or nonprofit food program such as WIC, donated food program, school lunch program;
(8) Assistance based on need, including:
(a) Any federal SSI income or state supplement payment (SSP) based on financial need;
(b) Basic Food;
(c) State-funded cash assistance;
(d) CEAP;
(e) TANF; and
(f) Bureau of Indian Affairs (BIA) general assistance.
(9) Housing assistance from a federal program such as HUD if paid under:
(a) United States Housing Act of 1937 (section 1437 et seq. of 42 U.S.C.);
(b) National Housing Act (section 1701 et seq. of 12 U.S.C.);
(c) Section 101 of the Housing and Urban Development Act of 1965 (section 1701s of 12 U.S.C., section 1451 of 42 U.S.C.);
(d) Title V of the Housing Act of 1949 (section 1471 et seq. of 42 U.S.C.);
(e) Section 202(h) of the Housing Act of 1959; or
(f) Weatherization provided to low-income homeowners by programs that consider income in the eligibility determinations.
(10) Energy assistance payments including:
(a) Those to prevent fuel cutoffs; and
(b) Those to promote energy efficiency.
(11) Income from employment and training programs as specified in WAC
182-512-0780.
(12) Foster grandparents program;
(13) Title IV-E and state foster care maintenance payments if the foster child is not included in the assistance unit;
(14) The value of any childcare provided or arranged (or any payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act, as amended by section 8(b) of P.L. 102-586 (106 Stat. 5035);
(15) Educational assistance as specified in WAC
182-512-0760;
(16) The excluded income described in WAC
182-512-0770 and other income received by American Indians/Alaska Natives that is excluded by federal law;
(17) Payments from Susan Walker v. Bayer Corporation, et al., 96-c-5024 (N.D. Ill) (May 8, 1997) settlement funds;
(18) Payments from Ricky Ray Hemophilia Relief Fund Act of 1998, P.L. 105-369;
(19) Disaster assistance paid under Federal Disaster Relief P.L. 100-387 and Emergency Assistance Act, P.L. 93-288 amended by P.L. 100-707 and for farmers P.L. 100-387;
(20) Payments to certain survivors of the Holocaust as victims of Nazi persecution; payments excluded pursuant to section 1(a) of the Victims of Nazi Persecution Act of 1994, P.L. 103-286 (108 Stat. 1450);
(21) Payments made under section 500 through 506 of the Austrian General Social Insurance Act;
(22) Payments made under the Netherlands' Act on Benefits for Victims of Persecution (WUV);
(23) Restitution payments and interest earned to Japanese Americans or their survivors, and Aleuts interned during World War II, established by P.L. 100-383;
(24) Payments made from the Agent Orange Settlement Funds or any other funds to settle Agent Orange liability claims established by P.L. 101-201;
(25) Payments made under section six of the Radiation Exposure Compensation Act established by P.L. 101-426;
(26) Any interest or dividend is excluded as income, except for the community spouse of an institutionalized person; and
(27) Working families' tax credit payments under RCW
82.08.0206.
[Statutory Authority: RCW
41.05.021 and
41.05.160. WSR 23-14-076, § 182-512-0860, filed 6/29/23, effective 7/30/23. Statutory Authority: RCW
41.05.021 and Patient Protection and Affordable Care Act (Public Law 111-148), 42 C.F.R. §§ 431, 435, 457 and 45 C.F.R. § 155. WSR 14-07-059, § 182-512-0860, filed 3/14/14, effective 4/14/14. WSR 11-24-018, recodified as § 182-512-0860, filed 11/29/11, effective 12/1/11. Statutory Authority: RCW
74.04.050,
74.04.055,
74.04.057,
74.08.090, chapter
74.12 RCW, and The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. WSR 11-21-025, § 388-475-0860, filed 10/11/11, effective 10/29/11. Statutory Authority: RCW
74.04.050,
74.04.057,
74.08.090, and
74.09.500, and Social Security Act as amended by P.L. 108-203. WSR 06-04-046, § 388-475-0860, filed 1/26/06, effective 2/26/06. Statutory Authority: RCW
74.04.050,
74.08.090. WSR 04-09-005, § 388-475-0860, filed 4/7/04, effective 6/1/04.]
