Are Lost Wages Assistance program payments countable as income for eligibility determinations for Medicaid and the Children’s Health Insurance Program?

The supplemental lost wages benefits provided under section 408(e) of the Stafford Act do not count as income for purposes of determining eligibility for income-based federal benefits. The payments are available under section 408 of the Stafford Act “Federal Assistance to Individuals and Households,” 42 U.S.C. § 5174. Pursuant to section 312(d) of the Stafford Act, as implemented at 44 C.F.R. § 206.110(f), such assistance “shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs.” (42 U.S.C. § 5155).