20 C.F.R. § 416.1210

Exclusions from resources; general

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In determining the resources of an individual (and spouse, if any), the following items shall be excluded:

(a) The home (including the land appertaining thereto) to the extent its value does not exceed the amount set forth in § 416.1212;

(b) Household goods and personal effects as defined in § 416.1216;

(d) Property of a trade or business which is essential to the means of self-support as provided in § 416.1222;

(e) Nonbusiness property which is essential to the means of self-support as provided in § 416.1224;

(f) Resources of a blind or disabled individual which are necessary to fulfill an approved plan for achieving self-support as provided in § 416.1226;

(g) Stock in regional or village corporations held by natives of Alaska during the twenty-year period in which the stock is inalienable pursuant to the Alaska Native Claims Settlement Act (see § 416.1228);

(h) Life insurance owned by an individual (and spouse, if any) to the extent provided in § 416.1230;

(i) Restricted allotted Indian lands as provided in § 416.1234;

(j) Payments or benefits provided under a Federal statute other than title XVI of the Social Security Act where exclusion is required by such statute;

(k) Disaster relief assistance as provided in § 416.1237;

(l) Burial spaces and certain funds up to $1,500 for burial expenses as provided in § 416.1231;

(m) Title XVI or title II retroactive payments as provided in § 416.1233;

(n) Housing assistance as provided in § 416.1238;

(o) Refunds of Federal income taxes and advances made by an employer relating to an earned income tax credit, as provided in § 416.1235;

(p) Payments received as compensation for expenses incurred or losses suffered as a result of a crime as provided in § 416.1229;

(q) Relocation assistance from a State or local government as provided in § 416.1239;

(r) Dedicated financial institution accounts as provided in § 416.1247;

(s) Gifts to children under age 18 with life-threatening conditions as provided in § 416.1248;

(t) Restitution of title II, title VIII or title XVI benefits because of misuse by certain representative payees as provided in § 416.1249;

(u) Any portion of a grant, scholarship, fellowship, or gift used or set aside for paying tuition, fees, or other necessary educational expenses as provided in § 416.1250;

(v) Payment of a refundable child tax credit, as provided in § 416.1235; and

(w) Any annuity paid by a State to a person (or his or her spouse) based on the State's determination that the person is:

(1) A veteran (as defined in 38 U.S.C. 101); and

(2) Blind, disabled, or aged.

[40 FR 48915, Oct. 20, 1975, as amended at 41 FR 13338, Mar. 30, 1976; 44 FR 15664, Mar. 15, 1979; 48 FR 57127, Dec. 28, 1983; 51 FR 34464, Sept. 29, 1986; 55 FR 28378, July 11, 1990; 58 FR 63890, Dec. 3, 1993; 59 FR 8538, Feb. 23, 1994; 61 FR 1712, Jan. 23, 1996; 61 FR 67207, Dec. 20, 1996; 70 FR 6345, Feb. 7, 2005; 70 FR 41138, July 18, 2005; 71 FR 45378, Aug. 9, 2006; 75 FR 1273, Jan. 11, 2010; 75 FR 54287, Sept. 7, 2010]

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1982–2021 · leading case: Stafford v. Idaho Department of Health & Welfare

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Stafford v. Idaho Department of Health & Welfare (2008) idaho · cites it 2× “20 C.F.R. § 416.1210 . A specific regulation titled "[e]xclusion of the home", provides: (a) Defined.”

Ruppert v. Secretary of the United States Department of Health & Human Services (1987) nyed “§ 1382b; 20 C.F.R. §§ 416.1210 -.1237. An individual who lives with a spouse is eligible for SSI only if he possesses no more than $2,250.”

Hattie Beatty O/b/o Dorease M. Beatty v. Richard Schweiker, Secretary of Health and Human Services (1982) ca3 “Additionally, however, 20 C.F.R. § 416.1210 (j) (1981) provides that, “Payments or benefits provided under a Federal statute other than [SSI] where exclusion is required by such statute” shall be excluded from the computation of an individual’s resources.”

Keip v. Wisconsin Department of Health & Family Services (1999) wisctapp “Neither the cross-referenced provisions of 42 USC 1382b nor 20 CFR 416.1210, which essentially paraphrases the cross-referenced statute, contain any reference to pension funds as an excluded resource.”

Budish v. Gordon (1992) ohnd “The Medicaid Regulations identify fifteen discrete categories of assets which are exempt, 20 C.F.R. § 416.1210 . Even fifteen categories present hundreds of different options for an organized and logical selection and arrangement.”

Cruz v. Apfel (1999) nysd “See 20 C.F.R. § 416.1210 . *378 Cruz Failed to Create an Effective Trust.”

In re Marilyn Clifford (2012) vt “, 20 C.F.R. § 416.1210 (requiring state programs to exclude certain personal assets from financial eligibility calculations).”

Waldron v. Secretary of Health & Human Services (1987) nywd “20 C.F.R. § 416.1210 . While the Secretary concedes that the plaintiff was “without fault” in causing any overpayment to be made to her ( 20 C.”

Alabama Medicaid Agency v. Hardy (2016) alacivapp “However, 20 C.F.R. § 416.1210 enumerates specific resources that are excluded from consideration in determining eligibility for Medicaid benefits, and that regulation does not expressly exclude trusts.”

Swiderski v. Kijakazi (2021) waed “See 20 C.F.R. §§ 416.1210 ; 416.1222. Plaintiff testified that 4 the Ford was used for haying.”

Nogrady v. Dougherty (2012) masssuperct “100(E), citing 20 C.F.R. 416.1210, 416.1212. Therefore, it appears that, in addition to simply being outside the scope of the MassHealth regulations, the factors considered by the hearing examiner were specifically not intended to be used in determining Lulich’s intent to return…”

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