2-007.02B Excluded Resources

The following resources are excluded in making a determination of eligibility:

1. Real property which the unit owns and occupies as a home;

2. Goods of moderate value used in the home;

3. Clothing;

4. One motor vehicle if it is used for employment or medical transportation;

5. A motor vehicle used as the client's home;

6. Irrevocable burial trusts up to $3,000 per individual and the interest if irrevocable (see 470 NAC 2-007.07A2);

7. Proceeds of an insurance policy that is irrevocably assigned for the purpose of burial of the client;

8. Burial spaces (see 468 NAC 2-008.07B15);

9. Any payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

10. The value of food stamp benefits;

11. The value of assistance under the National School Lunch Act or the Child Nutrition Program;

12. Any student financial assistance;

13. The value of federally donated foods;

14. The value of assistance paid under the U.S. Housing Act of 1937, National Housing Act, section 101 of Housing and Urban Development Act of 1965, Title V of Housing Act of 1949;

15. Fuel assistance payments and allowances;

16. Payments from the Nutrition Program for the Elderly;

17. Payments from Foster Grandparents, etc.

18. Payments from Green Thumb;

19. Payments from Americorps;

20. Tax credits, including Earned Income Credits and Advanced Earned Income Credits;

21. Assistance received under the Disaster Relief Act of 1974 or under a federal statute because of catastrophe declared to be a major disaster by the President of the U.S. is excluded in determining countable resources for a period of nine months from the date of receipt. The same guideline applies to any interest earned on the assistance. The initial nine-month period will be extended for a reasonable period up to an additional nine months when circumstances beyond the individual's control prevent the individual from having the necessary repairs or replacement of damaged property completed;

22. Stocks, inventories, and supplies used in self-employment (see 470 NAC 2-007.06B5);

23. An available job-related retirement account that is held by the employer; and

24. An Individual Development Account (an account set up for postsecondary education, purchase of a client's first home, or establishment of a business).

The worth of resources, both available and exempt, is determined on the basis of their equity.

For any of these funds to be excluded as a resource, they must be segregated in a separate account so that they can be identified. If the funds are not in a separate account the worker must allow the client 30 days from the notification of the requirement to set up a new account. After 30 days the resource is included in the limit if the client fails to segregate the funds. If this makes the client ineligible for a grant and the client subsequently segregates the funds, the worker must determine eligibility for a grant for the month of segregation.

Several excludable resources may be combined in a single account.

{Effective 2/10/2002}