CH 33 GI Bill Housing Benefit - income for means test?

[ValleYum]

I have googled this question to no avail as well as searching the forum.

It is a non-taxable benefit of the Post 9-11 (Chapter 33) GI Bill. It was direct-deposited monthly (or it was supposed to be but that is an entirely different topic/rant!).

It is a newer program - just started 08/2009 so many aren't familiar with it. Actually none of the BK lawyers we spoke with had come across it yet.

What say the forum wizards about this? Is this considered income for the means test? It ended 10-21 of this year so it won't show on Schedule I (looking forward) - the attorney and I have included it so far on the 22a but I thought I would run it past you guys. (They are also reaching out to some friends who practice in military towns for any guidance they may offer).

We are well over the median but appear to squeak by with absolutely bullet proof numbers - the only even semi odd thing we are asking for the 5% addition food allowance since hubby is in the transportation industry and is covered by DOT Meal Reimbursement rules on our taxes the attorney said that should be absolutely no issue as the meals are on his debit card and always show a different city than our small town. I am still nervous about the 341 and a presumption of abuse.

Thanks in advance for reading this and for any insight you may offer!

[ValleYum]

Just answering this for anyone who looks here in the future regarding this subject:

Yes, the GI Bill housing benefit does count as income both on the Means Test and on Schedule I.

Since this amount varies with attendance (and now you guys have no break pay- yikes!), it may be worthwhile to average the monthly amount received.

[basketsbears]

Thanks for posting this. My attorney wasn't sure about this. He wants to try and offset it with outof pocket education expenses.

[ValleYum]

Thanks for posting this. My attorney wasn't sure about this. He wants to try and offset it with outof pocket education expenses.

You know, we *were* able to do that!! Listed on Line 29 of the Means Test (average of what we spent in the previous 6 months) and on Line 17 of Schedule J what we expected to spend in the future (with an explanation on a 'Detailed Expense Attachment' sheet).

[basketsbears]

Thanks! My husband takes photography classes, and wow, it is expensive!!!

Since my husband is a disabled VET, where it says education as a condition of employment, would that work since he is not technically "employed" anywhere. He does do photography on the side and next year will start putting it on taxes as he has not been as active in it as he was in the past.

Also, my new job is requiring me to complete my graduate school, and nursing certifications. So I should be able to take off my expenses as well, correct?

Thanks!