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SSI Resources - Exclusions

In determining countable resources, certain exclusions are authorized by Title XVI of the Social Security Act, as well as by other Federal laws, and by certain court cases.

NOTE: On July 18, 2005, SSA issued Final Rules amending the SSI regulations by making technical revisions to rules on income and resources based on the Social Security Protection Act (SSPA) of 2004 and several other statutory changes. These revisions, among other things, clarify that certain types of income are excluded when determining SSI income and resources. These include income from the following sources:
(1) Any matching funds and any interest earned on these matching funds that are retained in an Individual Development Account (IDA), as provided for by the Community Opportunities, Accountability, and Training and Educational Services Act of 1998. These IDAs are funded by a demonstration project authorized by Public Law 105-285.
(2) Any earnings, TANF matching funds, and accrued interest retained in an IDA, as provided for by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
(3) Any unspent portion of retroactive Title II and Title XVI benefits is excluded from resources for a time period of 9 months.
(4) Any unspent portion of Federal income taxes related to an Earned Income Tax Credit (EITC) is excluded from resources for a time period of 9 months following the month of receipt.
(5) Any unspent portion of any refund of Federal income taxes relating to the Child Care Tax Credit is excluded from resources for a time period of 9 months following the month of receipt.
For more information see:
http://www.ssa.gov/regulations/articles/rin0960_ae79f.htm

SSI Resource exclusions include:

A. An individual's home, regardless of value. This exclusion applies to a home owned by the individual or the individual's spouse if it is the principal place of residence. A home includes any adjacent land and related buildings on it.

B. Restricted allotted Indian lands.

C. Household goods and personal effects regardless of value. .

NOTE: As of March 9, 2005, SSA has changed its resource-counting rules in the SSI program by eliminating the dollar value limit for the exclusion of household goods and personal effects. As a result, SSA will not count household goods and personal effects as resources. The list of exclusions also now includes items required due to an individual's impairment. This allows for exclusion of items required because of any impairment, not just physical impairments. For more information see:
http://www.ssa.gov/regulations/articles/rin0960_af84f.htm

D. One automobile, regardless of value, if used to provide necessary transportation.

NOTE: As of March 9, 2005, SSA has changed its rules for excluding an automobile in determining the resources of an SSI applicant or recipient. SSA will exclude one vehicle (the "first" vehicle) from resources if it is used for transportation for the individual or a member of the individual's household, without consideration of its value. For more information see:
http://www.ssa.gov/regulations/articles/rin0960_af84f.htm

E. Property of a trade or business without limit.

F. Non-business property that is necessary for self-support if it is of reasonable value.

G. Resources of a blind or disabled individual which are necessary to fulfill an approved Plan for Achieving Self-Support (see 2177).

H. Life insurance as described in 2159.

I. Burial spaces and certain burial funds up to $1,500 as explained in 2160 and 2161.

J. Disaster relief as described in 2162.

K. Payments or benefits excluded by provisions of a Federal statute other than Title XVI of the Social Security Act.

L. Title XVI or Title II retroactive payments as provided in CFR 416.1233.

M. Housing assistance as provided in CFR 416.1238.

N. Refunds of Federal income taxes and advances made by an employer relating to an earned tax credit as provided in CFR 416.1255..

O. Shares of stock held by a native of Alaska in a regional or village corporation during the 20-year period in which, under the provisions of the Alaska Native Claims Settlement Act, such stock cannot be transferred.

P. Payments received as compensation for expenses incurred or losses suffered as a result of a crime for nine months following receipt;

Q. Relocation assistance from a State or local government for nine months; and

R. Dedicated financial institution accounts required to be established for the payment of past-due benefits to disabled children as provided in 20 CFR 416.1247.

S. Grants, scholarships, fellowships or gifts provided for tuition, fees or other necessary educational expenses for 9 months after the month of receipt (effective 6/1/04). See the Educational Program Accounts topic for more information.

NOTE: A couple (whether both members are eligible or only one is) gets the same resource exclusions as an individual without a spouse. However, there is a higher resource limit for a couple.

This information is from Section 2156 of the SSA Handbook. Unless otherwise noted, section numbers refer to the SSA Handbook.


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