§17-675-26 - Assets to be exempted.

§17-675-26 Assets to be exempted.

(a) The following assets shall be exempted from consideration in the individual or family personal reserve:

(1) Basic maintenance items of limited value essential to day-to-day living including but not limited to clothing, furniture, stove, refrigerator, or washing machine;

(2) All or a portion of the equity or market value of an automobile as described in subchapter 7;

(3) Any equity in the home which is the usual residence of the individual, family, or household;

(4) The value of the food stamp payments under the Food Stamp Act of 1977 (7 U.S.C. §§2011-2027);

(5) The value of the U. S. Department of Agriculture donated foods (surplus commodities);

(6) Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4601-4655);

(7) Payments distributed per capita to or held in trust for a member of any Indian tribe under

25 U.S.C. §§1179, 1261-1265, 1305, 1401-1407, 459-459e, and 1626 and Pub. L. No. 94-540. Effective October 17, 1975, pursuant to Pub.

L. No. 94-114, §6 (89 Stat. 577, 25 U.S.C. 459(e) receipts distributed to members of certain Indian tribes which are referred to in Pub. L. No. 94-114, §5 (89 Stat. 577, 25 U.S.C. 459d);

(8) Certain Indian judgment funds, as provided under Pub. L. No. 83-134, §7 and amended by Pub. L. No. 458, §4 (25 U.S.C. §1407), including those funds:

(A) Held in trust by the Secretary of the Interior (including interest and investment income accrued while such funds are so held in trust); or

(B) Distributed per capita to a household or member of an Indian tribe in accordance with a plan prepared by the Secretary of the Interior and not disapproved by a joint resolution of the Congress; and

(C) Initial purchases made with such funds. This exclusion does not apply to the proceeds from the sale of initial purchases or to funds or initial purchases which are inherited or transferred;

(9) All funds held in trust (including interest and investment income accrued while the funds were held in trust) by the Secretary of the Interior for an Indian tribe, distributed per capita to a household or member of an Indian tribe and initial purchases made with such funds as provided by Pub. L. No. 98-64, §2 (25 U.S.C. §1179). This exclusion does not apply to proceeds from the sale of initial purchases, subsequent purchases made with funds derived from the sale or conversion of initial purchases, or to funds or initial purchases which are inherited or transferred;

(10) As provided by Pub. L. No. 100-241, §15 (43 U.S.C. §1626), any of the following distributions made to a household, an individual Native, or a descendant of a

Native by a Native Corporation established in accordance with the Alaska Native Claims Settlement Act (Pub. L. No. 92-203 as amended):

(A) Cash distributions (including cash dividends on stock from a Native Corporation) received by an individual to the extent that such cash does not, in the aggregate, exceed $2,000 in a year. Cash which, in the aggregate, is in excess of $2,000 in a year is not subject to the above exclusion;

(B) Stock, including stock issued or distributed by a Native Corporation as a dividend or distribution of stock;

(C) A partnership interest;

(D) Land or an interest in land, including land or an interest in land received by a Native Corporation as a dividend or distribution of stock; and

(E) An interest in a settlement trust;

(11) Payments made to volunteers under the Domestic Volunteer Service Act of 1973 (Volunteers In Service to America (VISTA)), student volunteers enrolled in institutions of higher education who participate in the University Year for Action (UYA) program, foster grandparents, senior health aides, senior companions (42 U.S.C. §§4951-5085) and under the Small Business Act (Service Corps of Retired Executives (SCORE), and Active Corps of Executives (ACE) (15 U.S.C. §637);

(12) Value of free school lunches, provided under the Child Nutrition Act of 1966 and the National School Lunch program (42 U.S.C. §§1771-1789);

(13) Any meals provided to senior citizens, such as congregate meals or home delivered meals funded by the Older Americans Act of 1965 (42 U.S.C. §§3001-3057);

(14) Effective October 17, 1975, pursuant to Pub. L. No. 94-114, §6 (89 Stat. 577, 25 U.S.C. §459e) receipts distributed to members of certain Indian tribes which are referred to

in Pub. L. No. 94-114, §5 (89 Stat. 577, 25 U.S.C. §459d);

(15) Refunds of utility and rental deposits paid by the department;

(16) Cash payments to the assistance unit responsible for household bills by a non-unit household member for his or her share of common household expenses;

(17) Restitution payments provided under the Civil Liberties Act of 1988, Title I of Pub. L. No.

100-383, and the Aleutian and Pribilof Islands Restitution Act, Title II of Pub. L. No. 100-383;

(18) 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.) effective to January 1, 1989;

(19) All student educational assistance benefits, such as but not limited to, educational grants, loans, scholarships, fellowships, and deferred student loans;

(20) Assistance payments received as a result of a declared federal major disaster or emergency from the federal emergency management agency (FEMA) and other comparable disaster assistance provided by any state or local government agency or disaster assistance organizations;

(21) Payments received under the Radiation Exposure Compensation Act (Pub. L. No. 101426) to compensate individuals for injuries or deaths resulting from the exposure to radiation from nuclear testing or uranium mining;

(22) Payments made to individuals because of their status as victims of Nazi persecution (Pub. L. 103-286);

(23) Payments made to a victim of a crime by the Criminal Injuries Compensation Commission. If the compensation is kept in a separate account and not commingled in an account with other non-excluded funds it shall retain the

exclusion for an unlimited period, even if interest is accruing; and (24) All funds held in an individual development account (IDA) as defined in section 17-675-2.

(b) The following shall be exempted from consideration in the individual or family personal reserve for the financial assistance programs:

(1) Foster care payments to the foster care provider;

(2) The assets of the foster child; and

(3) Bonafide loans from any source shall be exempt from consideration in the individual's or family's personal reserve. A bonafide loan is a debt that the borrower has an obligation to repay; and

(4) Earned income tax credits (EITC) for the month in which an EITC payment is received and for the following month.

(c) For the GA and AABD programs, the following shall be exempt from consideration in the individual or family personal reserve:

(1) One wedding ring and one engagement ring; and

(2) Payments received by aged, blind, or disabled individuals under paragraphs 500 to 506 of the Austrian General Insurance Act.

(d) All of the funds in a checking or savings account jointly held with one or more SSI recipients, shall be exempt for federally funded AFDC purposes if the funds in the account were counted for SSI purposes.

        [Eff 3/19/93; am 2/7/94; am 8/1/94; am 12/15/95; am 9/26/97; am 7/16/99; am 01/22/02 ] (Auth: HRS §346- 53) (Imp: HRS §346-29; 7 C.F.R. §273.8(e); 45 C.F.R. §233.20)

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