Most settlement income is not counted in the Section 8 income calculations. So long as it is for a personal loss (injury or the like) or a property loss, it should not be included, unless it is disability or unemployment money. Attached is the HUD page describing this.
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You will not automatically lose your Section 8 due to the settlement of your personal injury case against your landlord. However, this is a question you are going to have to ask whatever housing authority administers your Section 8 voucher.
Jon W. E. Rockwood
You will not automatically lose your Section 8 due to the settlement of your personal injury case against your landlord. However, this is a question you are going to have to ask whatever housing authority administers your Section 8 voucher.
Can a settlement reduce your government benefits?
Generally speaking, if your benefits depend on your income and/or resources, a settlement award will reduce or eliminate the amount of your government benefits unless you either set up a Trust with the help of a qualified attorney or engage in a “spend-down,” likewise with the help of a knowledgeable lawyer. If your government benefits are not ...
Is a settlement award counted as income in May?
This is the law because although in May the settlement award is counted as income, the following month it is counted as a resource. Exempt items include one vehicle, money spent on a personal residence, as well as all of the bills itemized above in the Pooled Trust option.
Does Medicaid count as income in a lawsuit?
If a young, non-disabled individual in receipt of Medicaid benefits is about to receive an award from a lawsuit, Medicaid will count the award/settlement as income in the month it is received.
What happens if you receive SSI?
But, if you receive any of the following needs-based benefits, your settlement may affect your eligibility and could cause a lapse or termination of your benefits: SSI (Supplemental Security Income): A cash benefit that provides assistance to the aged, blind or disabled.
How long does it take to report a settlement?
Please note that you must report any settlement you receive to your caseworker within 10 days of receiving the funds.
Can you lose your medical benefits if you receive a settlement?
Many public assistance programs that provide you with monthly income or payments for medical services have strict financial eligibility limits. Without careful planning, your settlement award may cause you a reduction or even loss of your benefits for a period of time.
Can you lose your SSI if you give away part of your settlement?
You will likely lose your needs-based public assistance benefits for a period of time if you accept a lump sum payment that causes you to exceed the program’s income and resource limits. Likewise, if you give away part of your settlement as a gift or donation, you could also lose your SSI and/or Medicaid benefits for at least a time. Or, the government could seek reimbursement for benefits you’ve received.
What is the income requirement for Section 8?
To be eligible for the Section 8 voucher program, a family’s gross annual income must be less than 80% of the area median income. 1 Each Public Housing Authority (PHA), the local agency that administers the Section 8 program, must adopt preferences for families who earn at or below 30% of the area median income and target these families for priority admission to the program. 2
What is Section 8 voucher?
Section 8 vouchers are a federally-funded type of public housing assistance that subsidizes the cost of private market rentals. They are a lifeline for the families fortunate enough to obtain them and often present the only means of finding affordable housing. This article will discuss how a family’s income and assets, including lump sum awards, ...
How is Section 8 TTP determined?
Unlike other public benefits programs, Section 8 eligibility and a recipient’s TTP is determined almost exclusively by a family’s income, including income derived from assets, and not by the cash value of the total sum of the family’s assets. With the right planning, individuals and families can build their assets and plan for ...
How much does a tenant's total tenant payment increase?
A family’s total tenant payment will increase by 30% of the income derived from the asset. In other words, income from an asset is treated exactly the same as employment wages. PHAs will not take into account the value of the actual asset; if the family does not receive any income, it will not affect the Section 8 voucher.
Do you have to have assets to be in Section 8?
Families seeking admission to the Section 8 program do not have to comply with any general limitation on the amount and type of assets they can own. However, a portion of a family’s assets will count toward the "annual income" determination and, in some circumstances, may affect eligibility and total tenant payment. 7
What is Section 8 housing assistance?
If your client has housing assistance through the U.S. Department of Housing & Urban Development (HUD), which includes Section 8 benefits, it is critical from a planning perspective to understand how those benefits work. Not understanding the federal program and the nuances of your client’s local program could result in a variety of issues from inconvenience to your client to loss of a benefit he or she desperately needs.
How does HUD affect special needs trusts?
HUD benefits add a layer of complexity to special needs trust administration due to both the rules and the inconsistent way in which they are applied. Special needs trusts, whether pooled or standalone, must follow certain rules to ensure their beneficiaries do not lose the public benefits. One such rule is that the trust be used only to supplement but not replace or supplant those benefits. In practicality, this means Trustees apply categorical prohibitions. For example, if a beneficiary has SSI, a Trustee may not pay for food or shelter expenses. This is relatively straightforward and simple from an administration perspective.
Why did the Housing Authority rule cite above allowing trust distributions to be counted?
The housing authority’s argument boiled down to an assertion that had the funds gone straight to the beneficiary’s bank account they would have been excluded from income. Because the funds went to an irrevocable trust, they triggered the rule cited above allowing trust distributions to be counted.
How does the housing authority determine the amount of a voucher?
The local housing authority determines the amount of the voucher based on the above factors and the cost of rent in the local housing market. It is then up to the voucher recipient to find a suitable dwelling for that price (if the rent is higher than the voucher, the recipient pays the excess). The recipient will likely also pay 30-40% of monthly adjusted income.
Can Section 8 vouchers be counted as income?
For a beneficiary with Section 8 vouchers, any regularly-occurring distribution could be counted as income while “sporadic” distributions are excluded. Navigating this rule has created a “best practice” of distributing funds irregularly. This can be achieved by only paying for one-time purchases as opposed to purchases that occur every month such as a cable or cell phone bill. Depending on the nature of the expense, creative solutions can sometimes be utilized such as paying ahead a few months on a bill (varying the number of months each time). Another option is making distributions to an ABLE account. These decisions must be made on a case-by-case basis in full consideration of the beneficiary’s other benefits.
What type of programs are affected by lump sum settlements?
Here are the types of programs that could be affected by accepting a lump sum settlement: Medicaid (Medi-Cal in California): A joint state and federal program that provides medical coverage for low-income individuals and families.
What is subsidized housing?
Subsidized Housing: Assists with the cost of housing and rent; sometimes referred to as HUD and/or Section 8 housing.
Can a settlement be eaten up?
Some may assume that the acceptance of a settlement precludes an individual from needing government assistance. In reality, the financial impact of an injury can be devastating, and even a multi-million dollar settlement can be eaten up quickly by the cost of medical equipment, medications, physical therapy, adaptable vehicles and home modifications, attendant care, and more.
Is an entitlement benefit affected by a lump sum settlement?
Unlike needs-based benefits, entitlement benefits do not have income tests nor asset tests to determine eligibility. As a result, they should not be affected by the acceptance of a lump sum settlement. Here are some examples of entitlement benefits: