4002.5 Excluded Resources

The equity value of real and personal property owned by a family budget group cannot exceed $10,000.00 for TANF cases or $1,000.00 for General Assistance cases. Resources excluded from the resource limitation are: 1. The home which is the usual residence of the family budget group. 2. Automobiles: An automobile is defined as any motorized vehicle used: A. for transportation via public roadways or B. to produce income. The automobiles owned by members of a cash assistance household are disregarded 3. One burial plot for each member of the assistance unit. 4. Bona fide funeral agreements (e.g., pre paid burial contracts) up to a total of $1,500.00 for each member of the budget group. NOTE: If a funeral agreement valued in excess of $1,500.00 includes both prepaid burial expenses and a burial plot, the worker will require that the client provide an itemized statement of the estimated value of the plot and the expenses. The value of the burial plot is an excluded resource and will be considered separately from the value of the prepaid expenses. 5. Basic maintenance items essential for day-to-day living such as clothes, furniture, and other similarly essential items. 6. For a period not to exceed six months, real property that is not used as a residence (see DSSM 4002.6). 7. Tools and equipment necessary to produce income in a self employment enterprise, even if the owner is not engaged in business currently, but plans to continue it at a future date. 8. Federal major disaster and emergency assistance provided to individuals and families and comparable disaster assistance provided by State, local governments, and disaster assistance organizations under P.L. 100 707. "Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. "Major Disaster" means any natural catastrophe...which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts of available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby. 9. Restitution made to United States' citizens and permanent resident aliens of Japanese ancestry who were interned during World War II pursuant to Title I of P.L. 100 383. 10. Restitution made by any Aleut who was relocated by authority of the United States from his or her home village on the Pribilof Islands or the Aleutian Islands during World War II pursuant to Title II of P.L. 100 383. 11. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.). 12. All federal income tax refunds, including Earned Income Tax Credits (EITC). The refund is disregarded regardless of whether the refund is a result of a refundable credit, over withholding, or both. Federal tax refunds received during the previous 12 month period by any case member are disregarded. 13. Cash Value of Life Insurance Policies 14. The designated Education and Business Investment Account (EBIA) is excluded up to the $5,000.00 maximum. In addition to the current resource limit, Delaware's Temporary Assistance For Needy Families Program (TANF" and General Assistance (GA) Program families will be allowed to establish special Education and Business Investment Accounts (EBIA) of up to $5000.00, including interest. Do not consider funds in such accounts as a resource for TANF, GA or food benefit purposes. Withdrawals from such accounts must be for approved purposes. If funds are withdrawn for non-approved purposes, count the money as a resource in the month received. Approved reasons for withdrawal of funds for self-sufficiency needs include education expenses, employment start-up needs, entrepreneurship, and to purchase a vehicle or home. If staff is unsure if the withdrawal meets an approved purpose, contact the Policy Unit for clarification. Furthermore, a Saving for Education, Entrepreneurship and Downpayment (SEED) account is considered an EBIA account and is excluded up to the $5000.00 limit. 9 DE Reg. 1374 (03/01/06) 13 DE Reg. 663 (11/01/09) 14 DE Reg. 1366 (06/01/11)