---
kind: "section"
citation: "20 C.F.R. § 416.1210"
title: "20"
number: "416.1210"
heading: "Exclusions from resources; general."
url: "https://uscodex.org/cfr/20/416.1210"
---

# §416.1210. Exclusions from resources; general.


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](/cfr/20/416.1212.md);
- (b) Household goods and personal effects as defined in [§ 416.1216](/cfr/20/416.1216.md);
- (c) An automobile, if used for transportation, as provided in [§ 416.1218](/cfr/20/416.1218.md);
- (d) Property of a trade or business which is essential to the means of self-support as provided in [§ 416.1222](/cfr/20/416.1222.md);
- (e) Nonbusiness property which is essential to the means of self-support as provided in [§ 416.1224](/cfr/20/416.1224.md);
- (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](/cfr/20/416.1226.md);
- (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](/cfr/20/416.1228.md));
- (h) Life insurance owned by an individual (and spouse, if any) to the extent provided in [§ 416.1230](/cfr/20/416.1230.md);
- (i) Restricted allotted Indian lands as provided in [§ 416.1234](/cfr/20/416.1234.md);
- (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](/cfr/20/416.1237.md);
- (l) Burial spaces and certain funds up to $1,500 for burial expenses as provided in [§ 416.1231](/cfr/20/416.1231.md);
- (m) Title XVI or title II retroactive payments as provided in [§ 416.1233](/cfr/20/416.1233.md);
- (n) Housing assistance as provided in [§ 416.1238](/cfr/20/416.1238.md);
- (o) Refunds of Federal income taxes and advances made by an employer relating to an earned income tax credit, as provided in [§ 416.1235](/cfr/20/416.1235.md);
- (p) Payments received as compensation for expenses incurred or losses suffered as a result of a crime as provided in [§ 416.1229](/cfr/20/416.1229.md);
- (q) Relocation assistance from a State or local government as provided in [§ 416.1239](/cfr/20/416.1239.md);
- (r) Dedicated financial institution accounts as provided in [§ 416.1247](/cfr/20/416.1247.md);
- (s) Gifts to children under age 18 with life-threatening conditions as provided in [§ 416.1248](/cfr/20/416.1248.md);
- (t) Restitution of title II, title VIII or title XVI benefits because of misuse by certain representative payees as provided in [§ 416.1249](/cfr/20/416.1249.md);
- (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](/cfr/20/416.1250.md);
- (v) Payment of a refundable child tax credit, as provided in [§ 416.1235](/cfr/20/416.1235.md); 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](/usc/38/101.md)); and
  - (2) **Blind, disabled, or aged.**

## Notes

### 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.

### 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]