Introduction 5 402. 02 Resource Limit 5


Resources Set Aside as Part of Plan for Achieving Self-Support



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402.23 Resources Set Aside as Part of Plan for Achieving Self-Support


(Eff.10/01/05)

POMS SI 01130.510

A Plan for Achieving Self-Support (PASS) allows blind and disabled (but not aged) individuals to set aside income and/or resources necessary for the achievement of its goals. Resources set aside as part of an approved PASS are excluded.

402.24 Retained Cash and In-Kind Payments


(Eff.10/01/05)

The treatment of various retained cash and in-kind payments are discussed in the following sections.



402.24.01 Retroactive Supplemental Security Income (SSI) and Retirement, Survivors, and Disability Income (RSDI)


(Eff.10/01/05)

POMS SI 01130.600

The unspent portion of retroactive SSI and RSDI benefits is excluded from resources for nine calendar months following the month in which the individual receives the benefits.


  • Retroactive SSI

Retroactive SSI benefits are SSI benefits issued in any month after the calendar month for which they are paid. Thus, benefits for January that are issued in February are retroactive.


  • Retroactive Social Security Benefits (RSDI)

Retroactive RSDI benefits are those issued in any month that is at least two calendar months after the calendar month for which they are paid. Thus, RSDI benefits for January that are issued in February are not retroactive, but RSDI benefits for January that are issued in March are retroactive.


Procedure for Verification:


Obtain verification of the amount of the retroactive payment and the month of receipt. The best source is a copy of the Award Letter from Social Security.




402.24.02 Dedicated Accounts for Past-Due Benefits Due to Individuals Under Age 18 Who Have a Representative Payee


(Eff.10/01/05)

POMS SI 01130.601

Past-due benefits and other underpayments deposited into a dedicated financial institution account and any accrued interest or other earnings on such an account are excluded from resources. This exclusion does not apply if funds are co-mingled.
Exception: If the financial institution requires other funds be used to open the dedicated account, these funds may be co-mingled in the account until the end of the month following the month that the past-due benefits are paid.
Note: If the benefits are not deposited into a dedicated account, there is a time limitation on the exclusion.

Table of Contents




Procedure
Verification:

The eligibility worker must obtain verification of:



  • The amount of past due benefits, such as a copy of the award letter.

  • The dedicated bank account.

If the bank requires other funds be used to open the account, then verify:

  • The fact that the bank requires other funds to be used to open the account.

  • The amount used to open the account.

  • The date the other funds were withdrawn.


Treatment:

  • Exclusion applies to:

    • The past due benefit

    • Any interest or earnings, such as dividends, earned on and left to accrue in the excluded account.

  • The exclusion does not apply to:

    • Any funds, other than the past-due benefits the bank requires be used to open the account.

      • If these funds are not withdrawn by the end of the month following the month the past-due benefits are paid, the exclusion will not apply at all.

    • The entire account for any month in which the past-due benefits is co-mingled with other funds.

  • The exclusion is time limited if:

    • The past-due benefits are not deposited into a dedicated account.

    • Limited to the lesser of:

      • 6 months

      • Until the funds are deposited into the dedicated account – obtain verification.






402.24.03 Cash Received for the Repair or Replacement of Lost, Damaged, or Stolen Excluded Resources


(Eff.10/01/05)

POMS SI 01130.630

Cash receipts for the replacement or repair of lost, damaged, or stolen excluded resources are not treated as resources for a certain amount of time.



Procedure:
Such receipts are not considered resources for 9 months from the date of receipt. This may be extended up to 9 more months if the individual verifies good cause for the repair or replacement not being done.
Good cause exists if circumstances beyond the individual’s control:

  • Prevent the repair or replacement of the property

If good cause is alleged, obtain a statement from the individual describing the circumstances and any corroborating evidence that may be available.



402.24.04 Disaster Assistance


(Eff.10/01/05)

POMS SI 01130.620

Disaster Assistance includes assistance received from the following sources:


  • The Disaster Relief and Emergency Assistance Act (P.L. 100‑707)

  • Another Federal statute because of a presidentially-declared major disaster

  • A State or local government’s comparable assistance

  • A disaster assistance organization




Note: If the funds are excluded from income, the unspent amount is excluded from resources.




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