1.
GENERAL RULE
The value of the following assets are not counted. (These
assets are considered "excluded").
A.
the home in which the household lives and the surrounding lot, if not separated
by property owned by someone else,
B. the home and lot which is temporarily
unoccupied because of employment, job training, illness, or disaster if the
household intends to return,
C. the
lot on which the household plans to build, or is building their primary
residence if the household does not already own (or is
buying) their home,
D. vehicles
used as the household's home,
E.
assets with cash value not accessible to the household, such as:
(1) property in probate, or property which is
inaccessible due to legal action;
EXCEPTION: this exclusion does not apply to
jointly owned vehicles if the household member has possession of, or use of,
the jointly owned vehicle. (See Section 333-3.)
(2) real property which the household is
making a good faith effort to sell at a reasonable price;
NOTE: A "good faith effort to sell" must be
verified through documentation that: the property is offered for sale in a
major newspaper, through a real estate broker, or other comparable venue; and
the household has not declined a reasonable offer.
(3) installment contracts for the sale of
property (including vehicles), if the agreement is producing income consistent
with its fair market value. Fair market value and consistent income may be
determined by contacting local realtors, assessors, etc. Treatment of income
from installment contracts is found in Section 555-3.
(4) certain jointly held assets (Section
333-1(3)) that cannot be subdivided and the joint owner will not agree to
sell;
(5) irrevocable trusts when:
(a) The agreement is not likely to
cease;
(b) No household member has
power to revoke or change it;
(c)
The trustee is either a court, institution, etc. not under control of a
household member or is an individual appointed by a court which has imposed
limitations on the use of funds;
(d) Investments made on behalf of the trust
do not involve or assist any business or corporation under the direction or
influence of a household member; and
(e) The funds held in trust-
(i) were established by a non-household
member, or
(ii) are used solely for
trust investments or to pay the educational or medical expenses of
beneficiaries.
F. non-liquid assets that cannot be sold or
disposed of for a significant return.
The sale or disposition of a resource is not considered
to provide a significant return if it is unlikely to yield $1,500 or more,
after estimated costs of sale or disposition and taking into account the
ownership interest of the household.
Exceptions:
(1) vehicles, and
(2) homes, including mobile homes, used
primarily for vacation purposes.
G. household goods - such as furniture,
appliances, and gift cards;
H.
personal effects - such as clothing, jewelry and non-fungible assets;
I. prepaid funeral contracts, burial space,
and the value of one bona fide funeral agreement per household
member;
J. life
insurance;
K. pension
funds;
L. taxed-preferred
retirement accounts, as described from the Internal Revenue Service (IRS) code,
below:
(1) Section 401, Traditional Defined-
Benefit Plan
(2) Section 401(a),
Cash Balance Plan
(3) Section
401(a), Employee Stock Ownership Plan
(4) Section 401(a), Keogh Plan
(5) Section 401(a), Money Purchase Pension
Plan
(6) Section 401(a),
Profit-Sharing Plan
(7) Section
401(a), Simple 401(k)
(8) Section
401(a), 401(k)
(9) Section 403(a),
403(a)
(10) Section 403(b),
403(b)
(11) Section 408 IRS,
Individual Retirement Arrangement (IRA)
(12) Section 408(p), Simple retirement
account IRA
(13) Section 408(k),
Simplified Employee Pension Plan (SEP)
(14) Section 408A IRS, Roth IRA
(15) Section 408A IRS, myRA
(16) Section 457(b), Eligible 457(b)
Plan
(17) Section 501(c), 501(c) 18
Plan
(18) Section 8439 of Title 5
USC, Federal Thrift Savings Plan
M. vehicles which are totally exempt (Section
333-3);
N. income producing real
property - if the property is annually producing income consistent with its
fair market value, even if only used on a seasonal basis;
O. tools and equipment necessary for
employment - even if the person is not currently employed, the tools and
equipment need not be producing income consistent with the fair market
value;
P. Property, including
licensed vehicles, essential to self-employment farming for one year from the
date self-employment farming was terminated.
Q. government payments - to restore a home
damaged in a disaster, provided the funds are restricted to this purpose;
NOTE: Payments from
private insurance settlements are counted.
R. assets which have been prorated as income,
such as -
(1) student income from grants and
loans;
(2) self-employment
income;
(3) contract
income;
S. livestock -
used to produce income or intended for family consumption;
T. Indian lands - held jointly with the
Tribe;
U. assets excluded by
Federal statute including, but not limited to -
(1) payments excluded by Congressional action
(examples - the Maine Indian Land Claims Settlement or The Agent Orange
Settlement Fund),
(2) payments to
Indian Tribal members regarding sub-marginal land held in trust by the
U.S.,
(3) The Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC) benefits,
(4) reimbursement from Uniform Relocation
Assistance and Real Property Acquisition Policy Act of 1970,
(5) payments received from The Job Training
Partnership Act (JTPA),
(6)
payments from LIHEAP (Section 999-1),
(7) Housing and Urban Development (HUD)
retroactive tax and utility cost subsidy; and
(8) Achieving a Better Life Experience (ABLE)
accounts, established under Sec. 529A of the Internal Revenue Code of 1986.
V. The assets of any
household member who receives Supplemental Security Income (SSI) or Temporary
Assistance for Needy Families (TANF) or Parents as Scholars (PaS);
W. A federal earned income tax credit
received either as a lump sum or as payments under section 3507 of the Internal
Revenue Code for the month of receipt and the following month for the
individual and that individual's spouse;
X. Any federal, state, or local earned income
tax credit received by any household member for 12 months, provided the
household was participating in SNAP at the time they received the earned income
tax credit and provided the household participates continuously during that
12-month period. Breaks in participation of one month or less due to
administrative reasons, such as delayed recertification, shall not be
considered as nonparticipation in determining the 12-month period;
Y. Matching awards of Savings Offer Success
(SOS) made by Rural Opportunities, Inc. (ROI) to households that participate in
their program;
NOTE: The individual's contribution are
counted.
Z. Funds in the
Department of Housing and Urban Developments (HUD) Family Self-Sufficiency
Program (FSS) escrow accounts;
AA.
Family Development Accounts or Separate Identifiable Accounts set up as
authorized by state law 20-A M.R.S. §10982 of up to the $10,000 cap and
any accrued interest;
BB. Federal
Thrift Savings accounts as provided in Sec. 8439, Title 5, U.S.C.;
and
CC. Education savings accounts
established under Sec. 529 (qualified tuition program), and Sec. 530 (Coverdell
education savings) of the Internal Revenue Code of 1986.
2.
TREATMENT OF EXCLUDED FUNDS
A. Excluded funds kept in a separate account
are exempt for an unlimited time.
B. Excluded funds that are deposited in an
account with other funds are only exempt for six months from date they are
co-mingled.
EXCEPTION: Earned income tax credits
excluded in Section 333-2(1)(X) continue to be excluded for 12 months even if
they are co-mingled with other funds.
C. Student grants, deferred loans and
self-employment funds are not counted as assets for the period of time they
have been prorated as income. (See Section 444-8.)