A burial space or agreement which represents the purchase of a burial space held for the burial of the individual, their spouse, or any other member of their immediate family is an excluded resource, regardless of value.

The burial space exclusion is in addition to, and has no effect on, the burial funds exclusion (SI 01130.410).

Of items that serve the same purpose, we will exclude only one per person. For example, we will exclude a cemetery lot and a casket for the same person, but not a casket and an urn.

Spaces held by deemors for the burial of an eligible individual, their spouse and/or any member of the eligible individual's immediate family (including the deemor) are excludable.

Spaces held by an alien sponsor or essential person for their own burial are excludable only if the sponsor/essential person is a member of the eligible individual's immediate family.

A burial space is a(n):

• •

  burial plot;

• •

  gravesite;

• •

  crypt;

• •

  mausoleum;

• •

  casket;

• •

  urn;

• •

  niche; or

• •

  other repository customarily and traditionally used for the deceased's bodily remains.

The term also includes necessary and reasonable improvements or additions to such spaces, including but not limited to:

• •

  vaults;

• •

  headstones, markers, or plaques;

• •

  burial containers (e.g., for caskets); and

• •

  arrangements for the opening and closing of the gravesite.

For example, a contract for care and maintenance of the gravesite, sometimes referred to as endowment or perpetual care, can be excluded as a burial space.

An agreement which represents the purchase of a burial space is a contract with a burial provider for a burial space held for the eligible individual or a member of their immediate family.

“Individual” means the SSI recipient or claimant.

The individual's immediate family includes their:

• •

  parents, including adoptive parents;

• •

  minor or adult children, including adoptive and stepchildren;

• •

  siblings (brothers and sisters), including adoptive and stepsiblings.

“Immediate family” also includes the spouse of the above relatives. If the relative's relationship to the recipient is by marriage only, the marriage must be in effect in order for the burial space exclusion to continue to apply. For example, a burial space held for a sister-in-law is no longer excludable if if the recipient's sibling divorces the sister-in-law.

A burial space is “held for” an individual when someone currently has:

• •

  title to and/or possesses a burial space intended for the individual's use (e.g., has title to a burial plot or owns a burial urn stored in the basement for their own use); or

• •

  a contract with a funeral service company for specified burial spaces for the individual's burial (i.e., an agreement which represents the individual's current right to the use of the items at the amount shown).

Until the purchase price is paid in full, a burial space is not “held for” an individual under an installment sales contract or similar device if:

• •

  the individual does not currently own the space;

• •

  the individual does not currently have the right to use the space; and

• •

  the seller is not currently obligated to provide the space.

Until all payments are made on the contract, the amounts paid may be considered burial funds. See SI 01130.410.

1. a. 

   If an individual alleges owning only one burial space, or an individual and spouse allege owning no more than two spaces, assume that the spaces are excluded.

2. b. 

   If an individual or individual and spouse allege owning more than one or two spaces, respectively, obtain a statement signed or recorded on a Report of Contact showing:

   • •

     the name of the person for whose burial each space is intended; and

   • •

     the relationship of each such person to the individual.

   Exclude only those spaces that are alleged to be for the burial of the individual, the spouse, or a member of the immediate family.

1. a. 

   If the deemor alleges owning no more than one space, assume it is excluded.

2. b. 

   If the deemor alleges owning more than one space, proceed as in 1.b. above, obtaining the statement or Report of Contact from the deemor and excluding only those spaces alleged to be for the burial of the individual, such individual's spouse, or a member of such individual's immediate family.

No assumptions apply to burial spaces owned by a sponsor or essential person who is not a member of the immediate family. Obtain from the sponsor or essential person the statement described in 1.b. above and exclude only those spaces alleged to be for the burial of the individual, such individual's spouse, or a member of such individual's immediate family. Do not exclude a space held for the sponsor's or essential person's own use.