1.1 Definitions

THE FOLLOWING DEFINITIONS SHALL BE USED FOR DETERMINING PROGRAM ELIGIBILITY AND RENT PAYMENTS.

Annual Income is the anticipated total income from all sources received by the family head and spouse (even if temporarily absent) and by each additional member of the family, included is all anticipated net income derived from assets, for the 12-month period following the effective date of initial determination or annual reexamination of income, exclusive of certain types of income as provided below.

1. Annual income includes:
   • The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services.
   • The net income from operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family.
   • Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in the definition of exclusions. Any withdrawal of cash or assets from an investment will be included in income except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD.
   • The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including a lump-sum payment for the delayed start of a periodic payment.
   • Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay.
   • Welfare assistance if the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities. The amount of welfare assistance to be included as income shall consist of:
     • The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus
     • The maximum amount that the welfare assistance agency could, in fact, allow the family for shelter and utilities. If the family’s welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be in the amount resulting from one application of the percentage.
   • Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling.
   • All regular pay, special pay and allowances of a member of the Armed Forces.
2. Annual income does not include:
   • Income from the employment of children (including foster children) under the age of 18 years.
   • Payments received for the care of foster children or foster adults (usually individuals with disabilities, unrelated to the tenant family, who are unable to live alone).
   • Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses.
   • Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member.
   • Income of a live-in aide (definition-CFR Title 24, Part 5, Subpart D, 5.403). Live-in aide means a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) Is determined to be essential to the care and well-being of the persons as evidenced by a doctor’s statement specifically defining the requirement for a live-in-aide; (2) Is not obligated for the support of the persons; and (3) Would not be living in the unit except to provide the necessary supportive services.
   • The full amount of student financial assistance paid directly to the student or to the educational institution.
   • The special pay to a family member serving in the Armed Forces who is exposed to hostile fire.
   • Amounts received under training programs funded by HUD.
   • Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS).
   • Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program.
   • Incremental earnings and benefits resulting to any family member from the participation in qualifying state or local employment training programs (including training programs not affiliated with local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training.
   • Temporary, nonrecurring or sporadic income (including gifts).
   • Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government for persons who were persecuted during the Nazi era.
   • Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse).
   • Adoption assistance payments in excess of $480 per adopted child.
   • Deferred periodic amounts of supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts.
   • Amounts received by the family in the form of refunds or rebates under state or local law for property taxes on the dwelling unit.
   • Amounts paid by a state agency to a family with a developmentally disabled family member living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home.
   • Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance that includes assistance under the 1937 Act. The following types of income are subject to such exclusion:
     • The value of the allotment provided to an eligible household for coupons under the Food Stamp Act of 1977.
     • Payments to volunteers under the Domestic Volunteer Service Act of 1973.
     • Compensation received by or on behalf of a veteran for service-connected disability, death, dependency or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111-269) to the definition of income applicable to programs authorized under the Native American Housing Assistance and Self-Determination Act of 1996.
     • A lump sum or periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., United States District Court, District of Columbia, as provided in the Claims Resolution Act of 2010 (Pub. L. 111-291).
     • Payments received under the Alaska Native Claims Settlement Act.
     • Income derived from certain sub-marginal land of the United States that is held in trust for certain Indian tribes.
     • Payments or allowances made under the Department of Health and Human Services Low Income Home Energy Assistance Program.
     • Payments received under programs funded in whole or in part under the Job Training Partnership Act.
     • Income derived from the disposition of funds of the Grand River Band of Ottawa Indians.
     • The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims, or from funds held in trust for an Indian tribe by the Secretary of the Interior.
     • Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal work-study program or under the Bureau of Indian Affairs student assistance programs.
     • Payments received from programs funded under Title V of the Older Americans Act of 1965.
     • Payments received after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement of the Agent Orange product liability litigation.
     • Payments received under the Maine Indian Claims Settlement Act of 1980.
     • The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990.
     • Earned Income Tax Credit (EITC) refunds received on or after January 1, 1991.