TN 8 (02-10)
SI 01330.120 Deeming - Spouse-to- Spouse Exclusions from Resources
Social Security Act, Sec. 1614(f) , as amended
Regulations 20 CFR 416.1202 , 20 CFR 416.1210 , 20 CFR 416.1231
A. Policy for pension funds and other resources
1. Pension funds
“Pension funds” are funds held in individual retirement arrangements (IRAs), as described by the Internal Revenue Code, or in work-related pension plans (including such plans for self-employed individuals, sometimes referred to as Keogh plans).
NOTE: This policy is effective September 1, 1987. Pension funds are not excluded prior to that date.
Pension funds owned by an ineligible spouse are excluded from resources for deeming purposes. Dividends and interest earned on pension funds owned by an ineligible spouse are excluded from income. For information on dividends and interest, see SI 00830.500 and SI 01320.195.
2. Other resources
All resource exclusions that apply to an eligible couple's resources apply to the combined resources of an eligible individual and an ineligible spouse who lives with him or her. For a list of resource exclusions, see SI 01110.210.
B. Policy for burial exclusions
1. Burial fund exclusion
For treatment of the burial fund exclusion, see SI 01130.409 - SI 01130.425.
2. Burial space exclusion
For treatment of the burial space exclusion, see SI 01130.400.
C. Procedure for pension funds
Accept the allegation if an ineligible spouse alleges having money in a pension fund.
Treat the withdrawal as a conversion of a resource per SI 01110.600B.4., if an ineligible spouse withdraws monies he or she had in a pension fund.