Introduction 5 402. 02 Resource Limit 5

D Tax Advances and Refunds Related to Earned Income Tax Credits

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402.24.09D Tax Advances and Refunds Related to Earned Income Tax Credits

(Eff.10/01/05)

POMS SI 01130.675

An unspent Federal tax refund or payment made by an employer related to Earned Income Tax Credits (EITC) is excluded from resources only for the month following the month the refund or payment is received.
Interest earned on unspent tax refunds related to EITC is not excluded from income or resources.

402.24.09E Radiation Exposure Compensation Trust Fund Payments

(Eff.10/01/05)

POMS SI 01130.680

The Radiation Exposure Compensation Trust Fund (RECTF) authorizes the Department of Justice (DOJ) to make compensation payments to individuals (or their survivors) that were found to have contracted certain diseases after exposure. The payments will be made as a one-time lump sum.

Procedure – Radiation Exposure Compensation Trust Fund Payments
Unspent payments are excluded from resources. Interest earned on unspent payments is counted as income unless it is excludable under another provision.

Table of Contents

402.25 Gifts of Domestic Travel Tickets

(Eff.10/01/05)

POMS SI 01120.150

The value of a ticket for domestic travel received by an individual (or spouse) is not a resource if the ticket is:

Received as a gift;
Not converted to cash; and
Excluded from income.

402.26 Identifying Excluded Funds That Have Been Co-mingled with Non-Excluded Funds

(Eff.10/01/05)

POMS SI 01130.700

To qualify for exclusion, excludable funds must be identifiable. This does not require them to be separate from other funds (such as in a separate bank account.)

Procedure:
When withdrawals are made from co-mingled funds, assume non-excluded funds are withdrawn first. If excluded funds are withdrawn, the excluded funds left in the account can only be added to by:

Deposits of subsequent funds excluded under the same provision

Excluded interest

402.27 Countable Resources

(Eff.10/01/05)

The value of countable resources is considered in determining eligibility. The following are considered countable resources.

402.27.01 Cash

(Eff.10/01/05)

POMS SI 01140.010

Money on hand that is in the form of coin or currency.

Treatment

Verification

Countable

Accept allegation of cash on hand. If rare coin collection, obtain knowledgeable source statement.

(Refer to Appendix C for definition of knowledgeable sources.)

402.27.02 Checking/Savings Accounts

(Eff. 09/01/16)

POMS SI 01140.200

Treatment	Verification
Unrestricted access: all funds are considered a resource. Restricted access: only the portion the individual can withdraw is considered a resource.	Bank statements Bank book Written Statement from bank Collateral Call with bank Asset Verification System (AVS) DHHS Form 1253 ME, Request for Financial Investigation (Only if unable to verify with AVS)

402.27.03 Joint Checking/Savings Accounts

(Eff. 09/01/16)

POMS SI 01140.205

Treatment	Verification
If one owner is an applicant/beneficiary and has unrestricted use, all funds are counted. If more than one owner is an applicant/ beneficiary, divide the balance evenly between the owners, and count the individual’s share toward his countable resources.	Bank statements Bank book Written Statement from bank Collateral Call with bank Asset Verification System (AVS) DHHS Form 1253 ME, Request for Financial Investigation. (Only if unable to verify with AVS)

402.27.03A Rebuttal of Joint Checking/Savings Accounts

(Eff.10/01/05)

An applicant/beneficiary may rebut ownership of part or all of the funds in a jointly held account. He is responsible for providing verification to support this claim. If the rebuttal is successful, the applicant/beneficiary must be advised of responsibilities for record keeping and future treatment of the account.

Procedure for Rebuttal

If an applicant/beneficiary rebuts applicable ownership assumption, each of the joint account holders must complete and sign the DHHS Form 904 ME, attaching necessary verifications, to document the following:

Bank Name, account number, and the names of the account holders
Ownership of the funds, including amounts if partial ownership is claimed
Reasons for establishing a joint account;
Who has made deposits to and withdrawals from the account. Verification of the deposits and withdrawals must be attached (such as a pay stub; award letter; cancelled checks.
How withdrawals have been spent.

If a rebuttal is successful, the applicant/beneficiary must be advised of the following:

If partial ownership is established, the applicant/beneficiary must keep records of all future deposits and withdrawals to provide at review to allow for proper determination of countable resources.
If the applicant/beneficiary owns none of the funds (such as the individual’s name is on another person’s account for emergency purposes only), they must not add any of their own funds to the account in the future.
If full ownership is attributed to the applicant/beneficiary, any future deposits by the other account holder(s) will be considered income and/or a resource to the applicant/ beneficiary.

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