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12 TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE Burial funds in the amount of $1500 that are separately identifiable and are clearly designated for burial expenses will be excluded. 20310.8.2 Burial Spaces for Relatives A burial space or burial space item is excluded if held for the burial of the applicant/recipient, his/her spouse, or any other member of his/her immediate family. Immediate family includes parents, adoptive parents, minor or adult children (including adoptive and stepchildren) siblings (including adoptive and step) and the spouses of these relatives. If the relative's relationship to the recipient is by marriage only, the marriage must be in effect in order for the burial space exclusion to continue to apply. For example, a burial space held for a sister-in-law is no longer excludable if she and the recipient's brother divorce. 20310.8.3 Burial Space Items A burial plot, gravesite, crypt, mausoleum, urn, niche, or other repository customarily and traditionally used for the deceased's bodily remains, vaults, headstones, markers, or plaques if pre-paid are excluded. 20310.8.4 Burial Site Services The opening and closing of the gravesite and the care and maintenance of the gravesite if prepaid are excluded. 20310.8.5 Prepaid Burial Contract A prepaid burial contract (sometimes funded by a life insurance policy) that cannot be revoked and cannot be sold without significant hardship is excluded. 20310.9 Retroactive Social Security Administration Lump Sum Payments The unspent portion of retroactive SSI and Title II Retirement, Survivors, and Disability insurance (RSDI) benefits is excluded from resources for the nine calendar months following the month of receipt. (See Social Security Administration’s Program Operations Manual System (POMS) SI 01130.600 for exclusion of retroactive RSDI benefits.) 14 DE Reg. 1364 (06/01/11) 20310.10 Reparations German Reparation payments must not be considered available in the eligibility or post eligibility treatment of income and resources. They can no longer be applied toward the personal needs allowance, community spouse income allowance, family member allowance nor cost of care. If German reparations payments are retained beyond the month of receipt, they must be considered exempt resources whether received while the person was in the community or after becoming institutionalized. These funds should be kept separate from other income and resources. Interest earned on these resources must be considered available income. 9 DE Reg. 239 (8/1/05) 20310.11 Disaster Assistance Funds Any unspent Federal disaster assistance funds are excluded for 9 to 18 months. 20310.12 Agent Orange Payments Any unspent Agent Orange settlement payments are excluded. 20310.13 Victims Compensation Payments Victims compensation payments from a State established fund are excluded from resources for a period of 9 months after the month of receipt. 20310.14 Radiation Exposure Compensation Any unspent Radiation Exposure Compensation Trust Fund Payments are excluded. 20310.15 Unspent Cash for Medical or Social Services The unspent cash paid to an individual to help the individual pay for a medical or social service is not a resource for 1 full calendar month following the month of receipt. 20310.16 Netherlands' Act for Victims of Persecution Any unspent payments from the Netherlands' Act on Benefits for Victims of Persecution 1940-1945 (WUV) are excluded. 20310.17 Earned Income Tax Credit EITC (Earned Income Tax Credit) payments are excluded from resources in the month following the month of receipt. 20310.18 Tax Refunds and Advance Payments The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (P. L. 111-312), which was signed into law on December 17, 2010, includes a provision that requires all programs funded in whole or in part with Federal funds, to disregard Federal tax refunds for a period of twelve months from the month of receipt.