SI BOS01130.500 Property Essential to Self-Support (TN 5-249 - 09/2014)
As a result of a decision by the United States District Court in M.A.I.N. v. Petit et al, any property owned by an individual who resides in the State of Maine (or his or her spouse or parent) can be excluded if it is in current use and is used for self-support regardless of the value and rate of return.
When an SSI applicant/recipient who resides in the State of Maine alleges owning property essential to self-support (PESS) and development reveals you can exclude the PESS from resources based on SI 01130.500, no special processing is required.
If you determine the PESS cannot be excluded in accordance with SI 01130.500, document and develop all factors of eligibility as if the applicant/recipient would be allowed. Fax all documentation relative to all factors of entitlement into the Non-Disability Repository for Evidentiary Documents (NDRED). Include a Report of Contact on the DROC screen in MSSICS or a paper SSA-5002 for non-MSSICS cases and fax into NDRED. The Report of Contact should provide the following information for each property:
The property/properties which are included in the PESS and the documented equity value; and
The computation of the six-percent rate of return and all supporting documentation; and
A resource summary detailing all countable resources; and
A determination of income derived from the PESS; and
An income summary detailing all countable income other than the PESS.
A member of management or designated staff person should review the file to ensure it is complete and then refer it to the Boston Region’s Center for Program Support (CPS) via vHelp. Boston CPS must review the electronic file and will notify the field office whether the PESS should be excluded in accordance with the court order.