TN 9 (07-00)
SI 00870.008 Exclusions Under A PASS
A. Policy -- pass exclusions
1. Duration of PASS Exclusion
Income and resources set aside under an approved PASS are excluded from countable income and countable resources as long as the plan is in effect. See SI 00870.050B.3. for a discussion of how an amendment to a plan may affect excluded income/resources. See SI 00870.070 for a discussion about counting excluded income/resources when a plan is suspended or terminated.
2. When Income and Resources are Considered Set Aside
Income and resources are set aside when they are used to pay for an expense, including expenses already incurred (see SI 00870.007B.2.), or when they are saved for a future expense. Any set aside monies must be identifiable from other funds, particularly, when funds are being conserved for a future use. (See SI 01130.700 for a discussion about commingled funds.)
3. Set Aside Income
Income may not be set aside under a PASS if resources to be set aside exceed the planned expenditures.
Earned and unearned income, including any income deemed to the individual or any in-kind support and maintenance valued under the presumed maximum value (PMV) rule, is excluded under an approved PASS when the income is set aside for planned expenditures. (See SI 00835.300 for information about the PMV and SI 01320.140 when deemed income is involved.)
EXCEPTION: The PASS income exclusion cannot be used to reduce the value of the one-third reduction (VTR).
4. Set Aside Resources
Resources owned by the individual or deemed to the individual are excluded when they are set aside for planned expenditures or to be used directly in the job (e.g., equipment).
B. Procedure -- excluding pass income and resources
1. Excluding PASS Resources
Apply the PASS resource exclusion if the item cannot be otherwise excluded.
2. Excluding PASS Income
Apply the PASS income exclusion last, per the specified order of exclusions in SI 00820.500 (earned income) and in SI 00830.050 (unearned income). Apply the exclusion against unearned income first with any remaining PASS exclusion applied to earned income.
C. POMS references
Earned Income Exclusions, SI 00820.500 ff.
Unearned Income Exclusions, SI 00830.001 ff.
Resource Exclusions, SI 01130.510
Systems Input of PASS Exclusion, SM 01005.170 for initial claims and
SM 01305.105 for posteligibility situations