20 C.F.R. § 416.1216

Exclusion of household goods and personal effects

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(a) Household goods. (1) We do not count household goods as a resource to an individual (and spouse, if any) if they are:

(i) Items of personal property, found in or near the home, that are used on a regular basis; or

(ii) Items needed by the householder for maintenance, use and occupancy of the premises as a home.

(2) Such items include but are not limited to: Furniture, appliances, electronic equipment such as personal computers and television sets, carpets, cooking and eating utensils, and dishes.

(b) Personal effects. (1) We do not count personal effects as resources to an individual (and spouse, if any) if they are:

(i) Items of personal property ordinarily worn or carried by the individual; or

(ii) Articles otherwise having an intimate relation to the individual.

(2) Such items include but are not limited to: Personal jewelry including wedding and engagement rings, personal care items, prosthetic devices, and educational or recreational items such as books or musical instruments. We also do not count as resources items of cultural or religious significance to an individual and items required because of an individual's impairment. However, we do count items that were acquired or are held for their value or as an investment because we do not consider these to be personal effects. Such items can include but are not limited to: Gems, jewelry that is not worn or held for family significance, or collectibles. Such items will be subject to the limits in § 416.1205.

[70 FR 6345, Feb. 7, 2005]

Notes of Decisions

Cited in 3 cases, 1992–2000 · leading case: In Re Victor D. McGreevy Darlene A. McGreevy Debtors. Darlene A. McGreevy v. Itt Fin. Servs., 955 F.2d 957 (4th Cir. 1992).

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In Re Victor D. McGreevy Darlene A. McGreevy Debtors. Darlene A. McGreevy v. Itt Fin. Servs., 955 F.2d 957 (4th Cir. 1992). “20 C.F.R. § 416.1216 (a) (for purposes of Social Security Administration regulations, “household goods” defined to include “household furniture, furnishings and equipment which are commonly found in or about a house and are used in connection with the operation, maintenance and…”

In Re Mason, 254 B.R. 764 (Bankr. D. Idaho 2000). “Cf 20 C.F.R. § 416.1216 (a) (for purposes of Social Security Administration regulations, “household goods” defined to include “household furniture, furnishings and equipment which are commonly found in or about a house and are used in connection with the operation, maintenance…”

Indiana Dep't of Pub. Welfare v. Payne, 592 N.E.2d 714 (Ind. Ct. App. 1992). “Payne has not argued that recreational vehicles are exempt household goods, rather he simply points to the definition of household goods found in the federal regulations, 20 C.F.R. § 416.1216 (a), and argues that under the federal definition his wagon and buggy could be…”

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