CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 7-1-87 Transmittal: UP-89-38 4020.10
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program:
Excluded
Assets AABD
_______________________________________________________________ MAABD
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 A. Home
Property
Real property used as
principal residence by the assistance unit is excluded.
1. Home property consists of the home itself
which the assistance unit uses as its principal residency, the surrounding
property which is not separated from the home by intervening property owned by
others, and any related outbuildings used in the operation of the home.
2. A multi-family dwelling is considered home
property in its entirety if the assistance unit is occupying at least one unit
of the dwelling as principal residence.
3. A home which the assistance unit has left
temporarily unoccupied for reasons of employment, training for future
employment, illness, or uninhabitability caused by a catastrophic event remains
excluded if the assistance unit intends to return to the home.
4. A trailer, camper, or mobile home is
considered home property if the assistance unit is using it as principal
residence.
5. The exclusion of home property in the MAABD
program when an individual leaves the home to enter a long-term care facility
is described in Section 4030.
B. Essential Household Items
All essential
household items are excluded.
C. Personal Effects
All personal effects
are excluded.
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 10-1-89 Transmittal: UP-89-38 4020.10
page 2
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD
Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 D. Burial
Plots
1. For all assistance units except those units
consisting of MCCA spouses, one burial plot is excluded.
2. For an assistance unit consisting of a MCCA
spouse, one burial plot for the community spouse and each member of the
immediate family is excluded in addition to the assistance unit member's plot.
3. Members of the immediate family of the MCCA
spouse include the following family members and their spouses:
a. a natural, adopted, or step child of the
assistance unit, regardless of age; and
b. a natural or adoptive parent or the
assistance unit; and
c. a sibling of the assistance unit.
E. Trade or Business Assets essential to Self- Support
1. Tangible business assets such as equipment
and supplies, inventory, cash on hand, accounts receivable are excluded if the
business produces income sufficient to justify possession of the business
assets.
2. Land and buildings are not excluded under
this provision.
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 9-1-96 Transmittal: UP-96-16 4020.10
page 3
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD
Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 F. Nonbusiness
Assets Essential to Self-support
1. Nonbusiness assets essential to self-support
are excluded. These include any of the
following:
a. assets used only to produce items for the
individual's consumption;
b. tools, equipment, uniforms, and similar
items required by the assistance unit member's employer;
c. a motor vehicle if climate, terrain,
distance, or other factors require an additional or modified vehicle to be used
for necessary transportation.
2. Cash, stocks or bonds, or other liquid
assets are not considered to be nonbusiness assets essential to self-support.
G. Payments Excluded by Federal Law
The following payments
are excluded as assets as long as they are kept separate from counted assets:
1. Any payment received under Title II of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970;
2. Relocation assistance provided by a State
or local government that is comparable to assistance provided under Title II of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 for a period of nine months beginning with the month following the month
of receipt;
3. Tax exempt portions of payments made
pursuant to Pub. L. 92-203, the Alaska Native Claims Settlement Act;
4. Payments received by certain Indian tribal
members under Pub. L. 94-114, section 6, regarding submarginal land held in
trust by the United States;
5. The total amount of any grant, loan, or
work/study payment to any undergraduate student under Title IV of the Higher
Education Act, the Bureau of Indian Affairs or the Carl D. Perkins Act of 1990
for educational purposes to the extent that the funds are made available for
tuition, mandatory fees, or other necessary educational expenses, except
payments for food, clothing, or shelter;
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 9-1-96
Transmittal: UP-96-16 4020.10
page 4
__________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program:
Excluded
Assets AABD MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 G. Payments
Excluded by Federal Law (continued)
6. The
total amount of any grant, loan, or work/study payment to any undergraduate
student under a source other than Title IV of the Higher Education Act, the
Bureau of Indian Affairs or the Carl D. Perkins Act of 1990 for educational
purposes to the extent that the funds are used for tuition, mandatory fees, or
other necessary educational expenses, except payments for food, clothing, or
shelter;
7. Payments,
including any interest earned, distributed to or held in trust for any Indian
Tribe under the provisions of Public Law 98-64;
8. Assets purchased with payments distributed
on a per capita basis to or held in trust for members of an Indian Tribe are
excluded pursuant to Public Law 98-64;
9. Payments
to volunteers under Title I of Public Law 93-113, pursuant to section 404(g) of
Public Law 93-113;
10. The value of supplemental food assistance
under the Child Nutrition Act of 1966 as amended, and the special food service
program for children under the National School Lunch Act, as amended (Public
Law 92-433 and Public Law 93-150);
11. The
value of the U.S. Department of Agriculture donated foods (surplus
commodities);
12. Effective
October 1, 1976, the value of any assistance paid with respect to a dwelling
unit under the United States Housing Act of 1937, the National Housing Act,
section 101 of the Housing and Urban Development Act of 1965, or title V of the
Housing Act of 1949, as provided by section 2 (h) of Pub. L. 94-375 (90 Stat.
1068);
13. HUD
retroactive tax and utility cost subsidy payments issued pursuant to settlement
of Underwood v. Harris (Civil No. 76-0469, D.D.C.) against HUD;
14. Agent
Orange Settlement Payments distributed by Aetna Life and Casualty made pursuant
to Public Law 10-201 and Section 1040 of Public Law 101-239;
15. Effective
January 1, 1991, reparation payments made to holocaust victims by the Federal
Republic of Germany;
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 10-1-97 Transmittal: UP-97-24 4020.10
page 5
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD
Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 G. Payments
Excluded by Federal Law (continued)
16. Japanese Restitution payments and payments
made to residents of the Aleut and the Pribilof Islands made pursuant to Public
Law 100-383;
17. Effective October 15, 1990, Radiation
Exposure Compensation payments made pursuant to Section 6 (h)(2) of Public Law
101-426;
18. Effective September 1, 1991, reparation
payments made under Section 500-506 of the Austrian General Social Insurance
Act;
19. stocks, a partnership interest, land or an
interest in land, an interest in a settlement trust and up to $2,000 in total
cash payments per year per person made pursuant to the Alaska Native Claims
Settlement Act (Section 15 of Public Law 100-241);
20. retroactive Agent
Orange Settlement payments made by the Department of Veterans Affairs pursuant
to Public Law 102-4;
21. payments made to victims of Nazi persecution
pursuant to Public Law 103-286;
22. payments received from a fund established by
a State to as compensation for expenses incurred or losses suffered as a result
of a crime for a period of nine months beginning with the month following the
month of receipt;
23. payments made to offspring of Vietnam
veterans who are born with spina bifida pursuant to Public Law 104-204.
H. Burial Funds and Arrangements
1. For all assistance units except units
consisting of MCCA spouses, an amount up to $1,200 per assistance unit member
is excluded.
2. For an assistance unit consisting of a MCCA
spouse, an amount up to $1,500 each for the assistance unit member and for his
or her spouse is excluded.
3. The exclusion is reduced by:
a. any amount in an irrevocable burial
contract available to meet burial expenses; and
b. the face value of the assistance unit
member's life insurance policies if the cash surrender value of such policies
is excluded.
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 9-1-95 Transmittal: UP-96-16 4020.10
page 6
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 H. Burial
Funds and Arrangements (continued)
4. Interest earned on excluded burial
funds and appreciation on the value of excluded burial arrangements are also
excluded if the interest or appreciation is left to accumulate and becomes part
of the excluded burial fund.
I. Irrevocable Burial Funds
Irrevocable
burial funds are totally excluded.
J. Non-Home Property
Non-home
property which would render the assistance unit ineligible is excluded for as
long as the assistance unit is making a bona fide effort to sell the property
and:
1. agrees in writing to dispose of the
property; and
2. immediately lists the property for
sale; and
3. does not refuse any offer which
approximates fair market value; and
4. in AABD, grants the Department a
security mortgage on the property pending its sale.
K. Motor Vehicles
1. For all assistance units except units
consisting of MCCA spouses, one motor vehicle is totally excluded if the
assistance unit or spouse:
a. needs the motor vehicle for employment;
or
b. needs the motor vehicle for the medical
treatment of a specific or ongoing medical problem; or
c. has modified the motor vehicle for operation
by or transportation of a handicapped person.
2. For an assistance unit consisting of a
MCCA spouse, one motor vehicle owned by either the institutionalized spouse or
the community spouse is excluded.
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 2-1-94 Transmittal: UP-96-16 4020.10
page 7
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD
Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 K. Motor
Vehicles (continued)
3. If no motor vehicle is totally excluded, up
to $4,500 of the fair market value of one motor vehicle is excluded.
L. Life Insurance Policies
1. The cash surrender value of life insurance
policies on any assistance unit member is excluded if the total face value of
all such policies does not exceed $1,500. In computing the face value of life
insurance, the Department does not consider term insurance and irrevocable
burial funds.
2. Life insurance policies such as term
insurance policies, which provide temporary coverage but have no cash surrender
value, are totally excluded, regardless of their face value.
M. Assets Necessary to Fulfill an Approved Plan for Self-support
1. Assets which are set aside in a separate
account by the applicant or recipient to fulfill a component of a plan to
achieve self-support are excluded when the plan is:
a. designed especially for the individual;
and
b. in writing; and
c. approved by the Social Security
Administration.
2. The exclusion is allowed for the same
period that the Social Security Administration uses the PASS deduction in calculating
the individual's Supplemental Security Income.
3. The amount of the exclusion is equal to the
amount allowed by the Social Security Administration in the individual's
self-support plan.
N. Replacement of Lost, Damaged, or Stolen Excluded Assets
Cash (including any
interest earned on the cash) or in-kind replacement received from any source to
repair or replace an excluded asset is excluded.
1. The cash (and the interest) must be used to
repair or replace the asset within nine months from the date the individual
receives the cash.
2. Any of the cash not so used is counted as
an asset beginning the first quarter after the nine month period.
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
_____________________________________________________________________________
Date: 1-1-95 Transmittal: UP-95-2 4020.10
page 8
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD
Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 N. Replacement
of Lost, Damaged, or Stolen Excluded Assets (continued)
3. The nine month exclusion is extended an
additional nine months if the individual proves that he or she had good cause
for not repairing or replacing the asset.
O. Disaster Assistance
1. Disaster received under the Disaster Relief
Act of 1974, as amended including the Individual and Family Grant (IFG)
program, and comparable disaster assistance provided by states, local
government and private organizations is excluded for nine months.
2. The exclusion is extended for up to nine
additional months if the individual proves that he or she had good cause for
not having completed necessary repairs
or replacement of damaged or destroyed property.
P. Indian Lands
Restricted, allotted
lands which the individual cannot sell, transfer, or otherwise dispose of
without permission of other individuals, the tribe, or an agency of the federal
government are excluded.
Q. Energy Payments
Payments or allowances
made under any federal, state, or local laws for the purpose of energy
assistance are excluded.
R. Bank Accounts Earmarked for Payment of Employment Taxes for
Household Employees
Bank accounts that
have been earmarked for payment of employment taxes such as FICA, FUTA, and/or
State Unemployment Compensation for household employees provided that:
1. the funds in these accounts were provided
by the Department of Social Services as part of payments made for the expenses
of essential services such as companion, homemaker, personal assistant, etc.,
and
CONNECTICUT
DEPARTMENT OF SOCIAL SERVICES
UNIFORM
POLICY MANUAL
______________________________________________________________________________
Date: 7-1-02 Transmittal:
UP-02-15 4020.10
page 9
______________________________________________________________________________
Section: Type:
Treatment
of Assets POLICY
______________________________________________________________________________
Chapter: Program: AABD
Excluded
Assets MAABD
_______________________________________________________________
Subject:
Excluded
Assets - AABD and MAABD
______________________________________________________________________________
4020.10 R. Bank
Accounts Earmarked for Payment of Employment Taxes for Household Employees
(continued)
2. the recipient continues to be eligible for
such payments or has been eligible for such payments at some time during the
current calendar year for which taxes are still owed, and
3. the balance in the account is commensurate
with the amount of taxes for which the recipient is currently obligated.
S. Payments Made to Certain Hemophilia Patients Who Contracted
HIV from Blood Transfusions
1.
Payments made under the settlement to the lawsuit entitled "Factor
VIII or IX Concentrate Blood Products Litigation" MDL 986 (No. 93-C-7452,
Northern District of Illinois) are excluded pursuant to Section 4735 of the
Balanced Budget Act of 1997 (BBA).
2.
Payments received under the Ricky Ray Hemophilia Relief Fund Act of
1998 (the Ricky Ray Act), Public Law 105-369 are excluded.
T. Assets Excluded for Working Individuals with Disabilities
(MAABD Only)
An individual formerly
receiving Medicaid under the "Working Individuals with Disabilities"
coverage group has the following assets excluded if such assets were excluded
while the individual was a Medicaid recipient under that coverage group:
1. retirement and medical savings accounts
established pursuant to 26 USC 220 and held by either the individual or his or
her spouse; and
2. accounts held by the individual or spouse
and designated by such person as being held for the purpose of buying goods or
services that will increase the employability of the individual. Such accounts are subject to the approval of
the Department.
(Cross
References: 2540.85, 4020.11)
