§416.1210. Exclusions from resources; general.

20 C.F.R. § 416.1210

In determining the resources of an individual (and spouse, if any), the following items shall be excluded:

(a)

The home (including the land appertaining thereto) to the extent its value does not exceed the amount set forth in § 416.1212;

(b)

Household goods and personal effects as defined in § 416.1216;

(c)

An automobile, if used for transportation, as provided in § 416.1218;

(d)

Property of a trade or business which is essential to the means of self-support as provided in § 416.1222;

(e)

Nonbusiness property which is essential to the means of self-support as provided in § 416.1224;

(f)

Resources of a blind or disabled individual which are necessary to fulfill an approved plan for achieving self-support as provided in § 416.1226;

(g)

Stock in regional or village corporations held by natives of Alaska during the twenty-year period in which the stock is inalienable pursuant to the Alaska Native Claims Settlement Act (see § 416.1228);

(h)

Life insurance owned by an individual (and spouse, if any) to the extent provided in § 416.1230;

(i)

Restricted allotted Indian lands as provided in § 416.1234;

(j)

Payments or benefits provided under a Federal statute other than title XVI of the Social Security Act where exclusion is required by such statute;

(k)

Disaster relief assistance as provided in § 416.1237;

(l)

Burial spaces and certain funds up to $1,500 for burial expenses as provided in § 416.1231;

(m)

Title XVI or title II retroactive payments as provided in § 416.1233;

(n)

Housing assistance as provided in § 416.1238;

(o)

Refunds of Federal income taxes and advances made by an employer relating to an earned income tax credit, as provided in § 416.1235;

(p)

Payments received as compensation for expenses incurred or losses suffered as a result of a crime as provided in § 416.1229;

(q)

Relocation assistance from a State or local government as provided in § 416.1239;

(r)

Dedicated financial institution accounts as provided in § 416.1247;

(s)

Gifts to children under age 18 with life-threatening conditions as provided in § 416.1248;

(t)

Restitution of title II, title VIII or title XVI benefits because of misuse by certain representative payees as provided in § 416.1249;

(u)

Any portion of a grant, scholarship, fellowship, or gift used or set aside for paying tuition, fees, or other necessary educational expenses as provided in § 416.1250;

(v)

Payment of a refundable child tax credit, as provided in § 416.1235; and

(w)

Any annuity paid by a State to a person (or his or her spouse) based on the State's determination that the person is:

(1)

A veteran (as defined in 38 U.S.C. 101); and

(2)

Blind, disabled, or aged.

Notes, amendments, and revision history

Amendments

[40 FR 48915, Oct. 20, 1975, as amended at 41 FR 13338, Mar. 30, 1976; 44 FR 15664, Mar. 15, 1979; 48 FR 57127, Dec. 28, 1983; 51 FR 34464, Sept. 29, 1986; 55 FR 28378, July 11, 1990; 58 FR 63890, Dec. 3, 1993; 59 FR 8538, Feb. 23, 1994; 61 FR 1712, Jan. 23, 1996; 61 FR 67207, Dec. 20, 1996; 70 FR 6345, Feb. 7, 2005; 70 FR 41138, July 18, 2005; 71 FR 45378, Aug. 9, 2006; 75 FR 1273, Jan. 11, 2010; 75 FR 54287, Sept. 7, 2010]

Authority

Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Source

Source: 40 FR 48915, Oct. 20, 1975, unless otherwise noted.

§416.1210. Exclusions from resources; general.

Amendments

Authority

Source

Amendments

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Incoming references