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. Administrative Plan 4/1/16 <br />. <br />Page 6-43 <br />(6) Welfare assistance payments. <br />(i) Welfare assistance payments made under <br />the Temporary Assistance for Needy Families <br />(TANF) program are included in annual <br />income only to the extent such payments: <br />(A) Qualify as assistance under the TANF <br />program definition at 45 CFR 260.311; and <br />(B) Are not otherwise excluded under <br />paragraph (c) of this section. <br />(ii) If the welfare assistance payment includes <br />an amount specifically designated for shelter <br />and utilities that is subject to adjustment by the <br />welfare assistance agency in accordance with <br />the actual cost of shelter and utilities, the <br />amount of welfare assistance income to be <br />included as income shall consist of: <br />(A) The amount of the allowance or grant <br />exclusive of the amount specifically <br />designated for shelter or utilities; plus <br />(B) The maximum amount that the welfare <br />assistance agency could in fact allow the <br />family for shelter and utilities. If the family's <br />welfare assistance is ratably reduced from the <br />standard of need by applying a percentage, the <br />amount calculated under this paragraph shall <br />be the amount resulting from one application <br />of the percentage. <br />(7) Periodic and determinable allowances, <br />such as alimony and child support payments, <br />and regular contributions or gifts received <br />from organizations or from persons not <br />residing in the dwelling; <br />(8) All regular pay, special pay and allowances <br />of a member of the Armed Forces (except as <br />provided in paragraph (c)(7) of this section) <br /> <br />1 Text of 45 CFR 260.31 follows. <br />(9) For section 8 programs only and as <br />provided in 24 CFR 5.612, any financial <br />assistance, in excess of amounts received for <br />tuition, that an individual receives under the <br />Higher Education Act of 1965 (20 U.S.C. 1001 <br />et seq.), from private sources, or from an <br />institution of higher education (as defined <br />under the Higher Education Act of 1965 (20 <br />U.S.C. 1002)), shall be considered income to <br />that individual, except that financial assistance <br />described in this paragraph is not considered <br />annual income for persons over the age of 23 <br />with dependent children. For purposes of this <br />paragraph, “financial assistance” does not <br />include loan proceeds for the purpose of <br />determining income. <br />HHS DEFINITION OF <br />"ASSISTANCE" <br />45 CFR: GENERAL TEMPORARY <br />ASSISTANCE FOR NEEDY FAMILIES <br />260.31 What does the term “assistance” <br />mean? <br />(a)(1) The term “assistance” includes cash, <br />payments, vouchers, and other forms of <br />benefits designed to meet a family’s <br />ongoing basic needs (i.e., for food, clothing, <br />shelter, utilities, household goods, personal <br />care items, and general incidental <br />expenses). <br />(2) It includes such benefits even when they <br />are: <br />(i) Provided in the form of payments by a <br />TANF agency, or other agency on its <br />behalf, to individual recipients; and <br />(ii) Conditioned on participation in work <br />experience or community service (or any <br />other work activity under 261.30 of this <br />chapter). <br />3-171