Wash. Admin. Code § 182-512-0550 - SSI-related medical-All other excluded resources
All resources described in this section are excluded resources for SSI-related medical programs. Unless otherwise stated, interest earned on the resource amount is counted as unearned income.
(1) Resources necessary for a person who is
blind or disabled to fulfill a self-sufficiency plan approved by the
agency.
(2) Retroactive payments
from SSI or old age, survivors, and disability insurance (OASDI), including
benefits a person receives under the interim assistance reimbursement agreement
with the Social Security Administration, are excluded for nine months following
the month of receipt. This exclusion applies to:
(a) Payments received by the person, the
person's spouse, or any other person financially responsible for the
person;
(b) SSI payments for
benefits due for the month(s) before the month of continuing payment;
(c) OASDI payments for benefits due for a
month that is two or more months before the month of continuing payment;
and
(d) Proceeds from these
payments as long as they are held as cash, or in a checking or savings account.
The funds may be commingled with other funds, but must remain identifiable from
the other funds for this exclusion to apply. This exclusion does not apply once
the payments have been converted to any other type of resource.
(3) All resources specifically
excluded by federal law, such as those described in subsections (4) through
(11) of this section as long as such funds are identifiable.
(4) Payments made under Title II of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970.
(5) The excluded resources
described in WAC 182-5120770 and other resources of American Indians/Alaska
Natives that are excluded by federal law.
(6) Restitution payment and any interest
earned from this payment to persons of Japanese or Aleut ancestry who were
relocated and interned during war time under the Civil Liberties Act of 1988
and the Aleutian and Pribil of Islands Restitution Act.
(7) Funds received from the Agent Orange
Settlement Fund or any other funds established to settle Agent Orange liability
claims.
(8) Payments or interest
accrued on payments received under the Radiation Exposure Compensation Act
received by the injured person, the surviving spouse, children, grandchildren,
or grandparents.
(9) Payments or
interest accrued on payments received under the Energy Employees Occupational
Illness Compensation Act of 2000 (EEOICA) received by the injured person, the
surviving spouse, children, grandchildren, or grandparents.
(10) Payments from:
(a) The Dutch government under the
Netherlands' Act on Benefits for Victims of Persecution (WUV).
(b) The Victims of Nazi Persecution Act of
1994 to survivors of the Holocaust.
(c) Susan Walker vs. Bayer Corporation, et
al., 96-C-5024 (N.D. Ill.) (May 8, 1997) settlement funds.
(d) Ricky Ray Hemophilia Relief Fund Act of
1998
P.L.
105-369 .
(11) The unspent social insurance payments
received due to wage credits granted under sections 500 through 506 of the
Austrian General Social Insurance Act.
(12) Tax refunds and earned income tax credit
refunds and payments are excluded as resources for twelve months after the
month of receipt.
(13) Payments
from a state administered victim's compensation program for a period of nine
calendar months after the month of receipt.
(14) Cash or in-kind items received as a
settlement for the purpose of repairing or replacing a specific excluded
resource are excluded:
(a) For nine months.
This includes relocation assistance provided by state or local
government.
(b) Up to a maximum of
thirty months, when:
(i) The person intends to
repair or replace the excluded resource; and
(ii) Circumstances beyond the control of the
settlement recipient prevented the repair or replacement of the excluded
resource within the first or second nine months of receipt of the
settlement.
(c) For an
indefinite period, if the settlement is from federal relocation
assistance.
(d) Permanently, if the
settlement is assistance received under the Disaster Relief and Emergency
Assistance Act or other assistance provided under a federal statute because of
a catastrophe which is declared to be a major disaster by the President of the
United States, or is comparable assistance received from a state or local
government or from a disaster assistance organization. Interest earned on this
assistance is also excluded from resources. Any cash or in-kind items received
as a settlement and excluded under this subsection are available resources when
not used within the allowable time periods.
(15) Insurance proceeds or other assets
recovered by a Holocaust survivor.
(16) Pension funds owned by an ineligible
spouse. Pension funds are defined as funds held in a(n):
(a) Individual retirement account (IRA) as
described by the IRS code; or
(b)
Work-related pension plan (including plans for selfemployed persons, known as
Keogh plans).
(17) Cash
payments received from a medical or social service agency to pay for medical or
social services are excluded for one calendar month following the month of
receipt.
(18) SSA- or division of
vocational rehabilitation (DVR)-approved plans for achieving self-support
(PASS) accounts, allowing blind or disabled persons to set aside resources
necessary for the achievement of the plan's goals, are excluded.
(19) Food and nutrition programs with federal
involvement. This includes Washington Basic Food, school reduced and free meals
and milk programs and WIC.
(20)
Gifts to, or for the benefit of, a person under eighteen years old who has a
life-threatening condition, from an organization described in section 501
(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under
section 501(a) of that code, as follows:
(a)
In-kind gifts that are not converted to cash; or
(b) Cash gifts up to a total of two thousand
dollars in a calendar year.
(21) Veteran's payments made to, or on behalf
of, natural children of Vietnam veterans regardless of their age or marital
status, for any disability resulting from spina bifida suffered by these
children.
(22) The following are
among assets that are not resources and as such are neither excluded nor
counted:
(a) Home energy assistance/support
and maintenance assistance;
(b)
Retroactive in-home supportive services payments to ineligible spouses and
parents; and
(c) Gifts of domestic
travel tickets.
(23)
Resources accumulated in a separate account, designated by the client, that
result from work activity during the client's enrollment in apple health for
workers with disabilities (HWD) program under chapter 182-511 WAC.
(24) Limited to clients who have been or
continue to be subject to participation as defined in WAC
182-513-1100
during the public health emergency (PHE), resources accumulated due to not
increasing participation in response to section 6008(b) of the Families First
Coronavirus Response Act (FFCRA) are excluded for:
(a) The duration of the PHE; and
(b) A period of twelve months after the PHE
ends.
(25) Resources
listed in the program operations manual system (POMS), not otherwise excluded
under this section, are excluded (see SSA POMS Section SI 01130.050
http://secure.ssa.gov/apps10/poms.nsf/lnx/0501130050).
Notes
11-24-018, recodified as WAC 182-512-0550, filed 11/29/11,
effective 12/1/11. Statutory Authority:
RCW
74.04.050,
74.04.055,
74.04.057,
74.08.090, chapter 74.12 RCW, and
The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of
2010. 11-21-025, § 388-475-0550, filed 10/11/11, effective 10/29/11. Statutory
Authority:
RCW
74.08.090 and ARRA of 2009,
Public Law
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.