---
kind: "section"
citation: "34 C.F.R. § 370.47"
title: "34"
number: "370.47"
heading: "What is program income and how may it be used?"
url: "https://uscodex.org/cfr/34/370.47"
---

# §370.47. What is program income and how may it be used?

- (a) **Definition.**
  - (1) Consistent with [2 CFR 200.80](/cfr/2/200.80.md) and for purposes of this part, program income means gross income earned by the designated agency that is directly generated by an activity supported under this part.
  - (2) Funds received through the transfer of Social Security Administration payments from the designated State unit, as defined in [34 CFR 361.5(c)(13)](/cfr/34/361.5.md?p=c-13), in accordance with [34 CFR 361.63(c)(2)](/cfr/34/361.63.md?p=c-2) will be treated as program income received under this part.
- (b) **Use of program income.**
  - (1) Program income, whenever earned or received, must be used for the provision of services authorized under [§ 370.4](/cfr/34/370.4.md).
  - (2)
    - (i) The designated agency must use program income to supplement Federal funds that support program activities that are subject to this part. See, for example [2 CFR 200.307(e)(2)](/cfr/2/200.307.md?p=e-2).
    - (ii) Notwithstanding [2 CFR 200.305(a)](/cfr/2/200.305.md?p=a) and consistent with [2 CFR 200.305(b)(5)](/cfr/2/200.305.md?p=b-5), and to the extent that program income funds are available, a designated agency, regardless of whether it is a State agency, must disburse those funds (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional funds from the Department.

## Notes

### Authority

Authority: Section 112 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 732, unless otherwise noted.

### Source

Source: 81 FR 55590, Aug. 19. 2016, unless otherwise noted.