210 R.I. Code R. 210-RICR-40-00-3.8
Federally Mandated Resource Exclusions |
Identifiable and Excluded Indefinitely (unless otherwise indicated) |
Agent Orange Settlement Fund payments |
Blood Product Settlement payments |
Corporation for National and Community Service (CNCS) payments. Payments to volunteers, including the following payments authorized under the Domestic Volunteer Services Act, Pub. Law 93-113, are excluded: AmeriCorps Urban Crime Prevention Program Special Volunteer Programs under Title I Demonstration Programs under Title II Senior Corp: Retired Senior Volunteer Program (RSVP) Foster Grandparent Program Senior Companions |
Individual Development Accounts (IDA) |
Japanese and Aleutian Restitution payments |
Jensen Settlement Agreement payments. Payments received by class members are excluded. Funds received under this agreement from countable resources at the time of application and at each renewal are deducted. |
Low Income Home Energy Assistance Program (LIHEAP) payments |
Nazi Persecution payments |
Radiation Exposure Compensation Trust Fund (RECTF) payments |
Real estate taxes, homeowner's insurance and funds set aside for upkeep expenses of the property. Up to one (1) year's expenses are excluded. Funds must be kept in a separate account. |
Relocation Assistance payments, Federal |
Ricky Ray Hemophilia Relief Fund payments |
Student financial aid received under Title IV of the Higher Education Act (HEA) Pub. Law 89-329, or Student financial aid received from the Bureau of Indian Affairs (BIA) Non-Title IV and non-BIA grants, scholarships, fellowships and other non-loan financial aid, if used or set aside to pay educational expenses until the month following the last month the student is enrolled in classes Distributions from a Coverdell Educational Savings Accounts (ESA) if the funds are used for educational expenses Excluded for the designated beneficiary of the account for nine (9) months following the month of receipt of a distribution Excluded for anyone who is not a beneficiary who contributes money to the account beginning the month after the month the funds are transferred into the account Excluded, due to being a conversion of a resource, for a contributor who is the designated beneficiary beginning with the month after the month the cash is transferred into the account |
Veteran's Affairs (VA) benefits designated as educational assistance both undergraduate and graduate students until the month following the last month the student is enrolled in classes Plan to Achieve Self Support (PASS) student financial aid Training expenses paid by the Trade Act of 1974, Pub. Law 93-618 Qualified Tuition Programs (QTP), also known as a 529 Plans, for the designated beneficiary (the student or future student) who is not the owner of the account and does not have any rights to the funds in the account |
Tribal payments and interests. The following tribal resources are excluded: Tribal trust or restricted lands, individual interest Tribal per capita payments from a tribal trust Tribal land settlements and judgments |
Uniform Gift to Minors Act/Uniform Transfers to Minors Act, Pub. Law 107-210, (UGMA/UTMA) The full value of resources established under the UGMA/UTMA is excluded. An adult designated to receive, maintain and manage custodial property on behalf of a minor beneficiary is not the owner of UGMA/UTMA resources because the adult cannot legally use any of the funds for their support and maintenance. When the UGMA/UTMA property is transferred to a beneficiary at the end of the custodianship (usually at the age of eighteen (18) or twenty-one (21) depending on State law) the property becomes available to the beneficiary. It is counted as income in the month of transfer and as a resource in the following month. |
Veterans' Children with Certain Birth Defects payments |
Vietnamese Commando Compensation Act, Pub. Law 104-210, payments |
Excluded Resources Regardless of Identifiability (unless otherwise noted) |
Adoption Assistance payments are excluded in the month of receipt and thereafter. |
Accrued Interest on resources is excluded if any excess is properly reduced at eligibility redetermination. |
Alaska Native Claims Settlement Act (43 U.S.C. §§ 1601 - 1624) (ANCSA) payments |
Appeal Payments are excluded as resources in the month received and for three (3) months after the month of receipt. |
Clinical trial participation payments excluded by SSI. The first two thousand dollars ($2,000.00) a person receives during a calendar year is excluded. |
Cobell Settlement for American Indians for a period of twelve (12) months beginning with the month of receipt. This exclusion applies to all household members. |
Crime victim payments |
Disaster assistance, Federal payments |
Disaster assistance, State payments |
Filipino Veterans Equity Compensation (FVEC) payments |
Foster Care payments |
Gifts to Children with Life Threatening Conditions from 501(c)(3) tax-exempt corporation. These are not considered resources of a parent and apply only to children who are under age eighteen (18). Cash gifts up to two thousand dollars ($2,000.00) in any calendar year are excluded. The amount of total cash payments that exceed two thousand dollars ($2,000.00) each year are counted as a resource. |
Multiple cash gifts in the same calendar year are added together and up to two thousand dollars ($2,000.00) of the total is excluded, even if none of the cash gifts exceeds two thousand dollars ($2,000.00) individually. |
Homestead real property |
Household goods and personal effects |
James Zadroga 9/11 Health and Compensation Act of 2010, Pub. Law 111-347 |
Kinship payments |
Proceeds from the sale of a homestead are excluded if a person: Plans to use the proceeds to buy another homestead, and Does so within three (3) full calendar months of receiving the funds |
Reimbursements for replacement of lost, damaged or stolen excluded resources are excluded for the month of receipt and nine (9) months thereafter. The funds are excluded for up to nine (9) more months if the person tries to replace the resources during that time but cannot do so for good reason. |
Representative Payee Misuse payments. If a person's Supplemental Security Income (SSI), Retirement, Survivors and Disability Insurance (RSDI) benefits, or Veterans Benefits for the Elderly are reissued because an individual representative payee misuses benefits, the reissuance is excluded as a resource for nine (9) months if retained after the month of receipt. |
Retroactive RSDI and SSI benefits are excluded for the nine (9) calendar months following the month in which the person receives the benefits. Any accrued interest on that account is counted as income in the month received and as a resource in the following months. |
State Annuities for Certain Veterans |
Relocation payments, State and local |
Tax credits, rebates, and refunds are excluded for twelve (12) months after the month of receipt |
Term life insurance |
210 R.I. Code R. 210-RICR-40-00-3.8