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Exclusion of Tax Refunds from Benefit Eligibility Calculations

IRC §6409

Tax refunds and advance payments of refundable credits are excluded from income and resource tests for 12 months when determining eligibility for federal or federally-assisted programs.

Eligibility

Applies to any individual receiving a tax refund or advance credit payment who is also applying for or receiving benefits from federal, state, or local programs (e.g., SNAP, Medicaid, SSI).

Frequently Asked Questions

Who is eligible for the Exclusion of Tax Refunds from Benefit Eligibility Calculations?

Applies to any individual receiving a tax refund or advance credit payment who is also applying for or receiving benefits from federal, state, or local programs (e.g., SNAP, Medicaid, SSI).

How does the Exclusion of Tax Refunds from Benefit Eligibility Calculations work?

Tax refunds and advance payments of refundable credits are excluded from income and resource tests for 12 months when determining eligibility for federal or federally-assisted programs.

What law authorizes the Exclusion of Tax Refunds from Benefit Eligibility Calculations?

The Exclusion of Tax Refunds from Benefit Eligibility Calculations is authorized under IRC §6409 of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6409

Source: Internal Revenue Code, Title 26, United States Code

§ 6409. Refunds disregarded in the administration of Federal programs and federally assisted programs Notwithstanding any other provision of law, any refund (or advance payment with respect to a refundable credit) made to any individual under this title shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or under any State or local program financed in whole or in part with Federal funds. (Added Pub. L. 111–312, title VII, § 728(a), Dec. 17, 2010, 124 Stat. 3317; amended Pub. L. 112–240, title I, § 103(d), Jan. 2, 2013, 126 Stat. 2320.) Editorial Notes Amendments2013—Pub. L. 112–240 amended section generally. Prior to amendment, section related to refunds disregarded in the administration of Federal programs and federally assisted programs and provided that the provisions were inapplicable to any amount received after Dec. 31, 2012. Statutory Notes and Related Subsidiaries Effective Date of 2013 AmendmentAmendment by Pub. L. 112–240 applicable to amounts received after Dec. 31, 2012, see section 103(e)(2) of Pub. L. 112–240, set out as a note under section 24 of this title. Effective DatePub. L. 111–312, title VII, § 728(c), Dec. 17, 2010, 124 Stat. 3317, provided that: “The amendments made by this section [enacting this section] shall apply to amounts received after December 31, 2009.”