TN 7 (02-06)

SI 01330.420 Deeming - Exclusions from Resources

Citations:

Social Security Act, as amended § 1613(a)

§211 of Public Law 93-66 , as amended

Regulations 20 CFR 416.1203 ,

20 CFR 416.1205 ,

20 CFR 416.1210 ,

20 CFR 416.1260 ,

20 CFR 416.1261

A. Policy - Essential Person Resource Exclusions

The resources of a qualified individual are deemed to include the resources of the essential person. The only resources of the essential person which are not deemed to the qualified individual are as follows:

  1. Restitution payments for Title II, Title VIII and Title XVI benefits misused by certain organizational or individual payees (See GN 00604.065) are excluded for the 9 calendar months following the month in which the restitution is received

  2. Resources excluded by Federal statues other than the Social Security Act. These excluded resources are listed with bold face type in SI 01130.050.

NOTE: Apply all appropriate resource exclusions to the resources of the qualified individual and deemed from the essential person as if all the resources were owned by the qualified individual him or herself, to determine the qualified individual’s countable resources. For example, a home, in which a qualified individual is living, is deemed from the essential person. It can be excluded from the qualified individual's resources.

B. Policy - Special Limits and Exclusions

A qualified individual and essential person may be eligible for use of the special resource limits and exclusions:

  • For former recipients of assistance under a State plan, see SI 01220.000

  • For treatment of the burial fund exclusion, see SI 01130.409

  • For treatment of the burial space exclusion, see SI 01130.400

C. References

GN 00604.065, Misuse by Organizational Payee or Individual Volume Payee

SI 01110.210 and SI 01130.050, Excluded Resources

SI 01130.060, Resources Excluded by Other Federal Statutes


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501330420
SI 01330.420 - Deeming - Exclusions from Resources - 08/11/2009
Batch run: 08/13/2009
Rev:08/11/2009