---
kind: "range"
citation: "20 C.F.R. §§ 416.1247–416.1249"
title: "20"
from: "416.1247"
to: "416.1249"
count: 3
url: "https://uscodex.org/cfr/20/416.1247..416.1249"
---

# §416.1247. Exclusion of a dedicated account in a financial institution.

- (a) **General.** In determining the resources of an individual (or spouse, if any), the funds in a dedicated account in a financial institution established and maintained in accordance with [§ 416.640(e)](/cfr/20/416.640.md?p=e) will be excluded from resources. This exclusion applies only to benefits which must or may be deposited in such an account, as specified in [§ 416.546](/cfr/20/416.546.md), and accrued interest or other earnings on these benefits. If these funds are commingled with any other funds (other than accumulated earnings or interest) this exclusion will not apply to any portion of the funds in the dedicated account.
- (b) **Exclusion during a period of suspension or termination—**
  - (1) **Suspension.** The exclusion of funds in a dedicated account and interest and other earnings thereon continues to apply during a period of suspension due to ineligibility as described in [§ 416.1320](/cfr/20/416.1320.md), administrative suspension, or a period of eligibility for which no payment is due, so long as the individual's eligibility has not been terminated as described in [§§ 416.1331 through 416.1335](/cfr/20/416.1331..416.1335.md).
  - (2) **Termination.** Once an individual's eligibility has been terminated, any funds previously excluded under [paragraph (a)](#a) of this section may not be excluded if the individual establishes a subsequent period of eligibility by filing a new application.

# §416.1248. Exclusion of gifts to children with life-threatening conditions.


In determining the resources of an individual who has not attained 18 years of age and who has a life-threatening condition, we will exclude any gifts from an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under [section 501(a)](/cfr/20/501.md?p=a) of such Code. We will exclude any in-kind gift that is not converted to cash and cash gifts to the extent that the total gifts excluded pursuant to this paragraph do not exceed $2000 in any calendar year. In-kind gifts converted to cash are considered under income counting rules in the month of conversion.


# §416.1249. Exclusion of payments received as restitution for misuse of benefits by a representative payee.


In determining the resources of an individual (and spouse, if any), the unspent portion of any payment received by the individual as restitution for title II, title VIII or title XVI benefits misused by a representative payee under [§ 404.2041](/cfr/20/404.2041.md), [§ 408.641](/cfr/20/408.641.md) or [§ 416.641](/cfr/20/416.641.md), respectively, is excluded for 9 months following the month of receipt.