75-02-01.2-23 Exempt assets.

The following assets are exempt from consideration in determining eligibility for temporary assistance for needy families benefits: 1. The home occupied by the household including trailer homes being used as living quarters, and the land upon which the home stands, up to twenty contiguous acres [8.09 hectares], if rural, and up to two acres [.81 hectare], if located within the established boundaries of a city; 2. Personal effects, wearing apparel, household goods, and furniture; 3. One car, van, or pickup of any equity value; 4. Indian trust or restricted lands, the proceeds from the sale thereof so long as those proceeds are impressed with the original trust, and the proceeds from the lease thereof so long as those proceeds are not commingled with other funds; 5. For twelve months from the month of receipt, any refund of federal income taxes made to a member of the household including the earned income tax credit, and any payment made to a member of the household by an employer, relating to advance payment of earned income tax credit; 6. Real property the household is making a good-faith effort to sell; 7. Indian per capita funds and judgment funds awarded by the Indian claims commission or the court of claims after October 19, 1973, interest and investment income accrued on such Indian per capita or judgment funds while held in trust, and purchases made using interest or investment income accrued on such funds while held in trust. The funds must be identifiable and distinguishable from other funds. Commingling of per capita funds, judgment funds, and interest and investment income earned on those funds, with other funds, results in loss of the exclusion; 19 8. The equity value of all assets owned by a member of the household who is a recipient of supplemental security income; 9. The equity value of the assets, jointly owned by a program household member and a recipient of supplemental security income; 10. Any property, equipment, or vehicle used for the purpose of producing income, including vehicles used for employment, tools or equipment required for a job or trade, or items necessary for self-employment or contracted work; 11. One bona fide funeral agreement and associated financial instrument, including interest accrued, per household member, provided the funds are designated for burial expenses, identifiable, and not commingled with other funds; 12. One burial space or plot per household member; 13. Funds held in an achieving a better life experience account established under section 529A of the Internal Revenue Code; 14. Retirement funds and pension plans, including individual retirement accounts and SEP, SIMPLE, and qualified plans, provided funds remain in the account and are not withdrawn; 15. Funds in a plan for achieving self-support account approved by the social security administration; 16. Resources used as collateral for a business loan, if the resource may not be sold due to a security agreement or lien; 17. Resources determined inaccessible, including those held in probate or under legal restrictions, such as irrevocable trusts in which the funds are not accessible to the household; 18. Funds received under federal disaster assistance programs or the Crime Victim Compensation Act, provided the funds are used as intended or subject to repayment if misused; 19. The value of livestock used to produce income, for home consumption, or maintained as household pets; 20. Cryptocurrency, which must be evaluated for availability and market value if not readily accessible or liquid. If determined inaccessible, it may be excluded as a resource; and 21. For twelve months following the month of receipt, all nonrecurring lump sum payments. History: Effective December 9, 1996; amended effective January 1, 2003; January 1, 2014; April 1, 2026. General Authority: NDCC 50-09-02, 50-09-25 Law Implemented: NDCC 50-09-02