ADE Director's Communication Memo Form


Memo Number : FIN-10-057

Date Created : 01/25/2010

Attention:

Superintendents
Co-op Directors
other: Principals
Child Nutrition Directors
Determining Officials

Type of Memo: Regulatory
Response Required: No
   
Section:   Fiscal and Administrative Services - William J. Goff, Assistant Commissioner
Subject:
Exclusion of Military Combat Pay for Free and Reduced Eligibility for School Meals

Regulatory Authority:
Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2010 (P.L. 111-80)

Contact Person:
Karen Franklin

Phone Number:
501-324-9502

E-mail:
karen.franklin@arkansas.gov

This memo addresses income received by DEPLOYED military service members and how that income is used in making eligibility determinations for Free and Reduced Price Meal applications for the Child Nutrition programs.

The exclusion of combat pay is authorized by the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2010 (P.L. 111-80; October 21, 2009). As set forth in the statute, combat pay is defined as an ADDITIONAL payment made under Chapter 5 of Title 37 of the United States code, or as otherwise designated by the Secretary to be excluded, that is received by the household member deployed to a designated combat zone.

Combat pay is excluded if it is:

1. Received in ADDITION to the service memberís basic pay
2. Received as a result of the service memberís deployment to or
service in an area that has been designated as a combat zone; AND
3. Not received by the service member prior to deployment to or service in the designated combat zone.

A combat zone is any area that the President of the United States designates by Executive Order as an area in which the U.S. Armed Forces are engaging or have engaged in combat. As with other types of income commonly received by military personnel (such as Basic Allowance for Housing or Basic Allowance for Subsistence payments), combat pay received by service members is normally reflected in the entitlements column of the military Leave and Earning Statement (LES). Information regarding deployment to or service in a combat zone may also be available through military orders or public records on deployment of military units.

OTHER INCOME AND HOUSEHOLD SIZE:

As in the past, continue to count only that portion of the deployed service memberís income made available by the service member or on the service member's behalf to the household as income. This is a continuation of policy established in 2003. Further, deployed service members continue to be considered members of the household for purposes of determining income eligibility for the Child Nutrition Programs.

The exclusion of combat pay will be added to the next update to the Eligibility Manual for School Meals. For questions or assistance please contact the districtís Area Specialist at 501-324-9502.






Attachments:
    None

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