16 Del. Admin. Code § 20000-20310
An applicant/recipient's principal place of residence and any land that adjoins is excluded if certain conditions are met.
The principal place of residence, if located in Delaware, may be excluded if the individual intends to return home after any length of time.
Temporary Institutionalization - If the attending physician has certified that a recipient is likely to return to his own home within a definite period (not to exceed 2 months) up to $75.00 per month may be protected for maintenance of the home.
15 DE Reg. 362 (09/01/11)
If the applicant/recipient's home is used by a spouse and/or dependent relative during the individual's absence it may be excluded.
Jointly owned real property may be excluded if the sale would cause undue hardship, due to loss of housing, to a co-owner.
Real property may be excluded when an individual has made reasonable but unsuccessful efforts to sell throughout a 9-month period of conditional benefits, as long as the individual continues to make reasonable efforts to sell it. (See DSSM 20360)
Any lands that are restricted allotted Indian lands are excluded.
20 CFR 416.1218
SI 01130.200
An automobile is any registered or non-registered vehicle that is used for transportation.
One automobile, per household, is excluded if:
| · | Used for transportation of the eligible individual or |
| · | Used for transportation of a member of the eligible individual's household. |
If there is more than one vehicle used for transportation, the automobile with the greatest equity value will be excluded.
The equity value of all additional automobiles will be evaluated as a non-liquid resource.
11 DE Reg. 1479 (05/01/08)
Life insurance is excluded if the total face value of the policies is $1500 or less and the individual has no revocable designated burial funds.
(See Section 20340.1.3 Relation to Burial Allowance for the relationship between life insurance and the burial allowance)
The face value of term or death benefit only policies that do not generate a cash surrender value and burial insurance policies are excluded for eligibility. Term, death benefit policies or burial insurance with a face value equal to or greater than $10,000.00 must designate the State of Delaware as the beneficiary in the first position. The State will retain the amount no greater than the Medicaid expenditures. In situations where there are other burial funds available to cover the burial expenses, there will be no $10,000.00 allowance. Naming the State of Delaware as the Beneficiary is a condition of eligibility. Applicants/recipients may request a hardship consideration.
10 DE Reg. 533 (09/01/06)
Burial funds in the amount of $1500 that are separately identifiable and are clearly designated for burial expenses will be excluded.
A burial space or burial space item is excluded if held for the burial of the applicant/recipient, his/her spouse, or any other member of his/her immediate family. Immediate family includes parents, adoptive parents, minor or adult children (including adoptive and stepchildren) siblings (including adoptive and step) and the spouses of these relatives. If the relative's relationship to the recipient is by marriage only, the marriage must be in effect in order for the burial space exclusion to continue to apply. For example, a burial space held for a sister-in-law is no longer excludable if she and the recipient's brother divorce.
A burial plot, gravesite, crypt, mausoleum, urn, niche, or other repository customarily and traditionally used for the deceased's bodily remains, vaults, headstones, markers, or plaques if pre-paid are excluded.
The opening and closing of the gravesite and the care and maintenance of the gravesite if prepaid are excluded.
A prepaid burial contract (sometimes funded by a life insurance policy) that cannot be revoked and cannot be sold without significant hardship is excluded.
The unspent portion of retroactive SSI and Title II Retirement, Survivors, and Disability insurance (RSDI) benefits is excluded from resources for the nine calendar months following the month of receipt. (See Social Security Administration's Program Operations Manual System (POMS) SI 01130.600 for exclusion of retroactive RSDI benefits.)
14 DE Reg. 1364 (06/01/11)
German Reparation payments must not be considered available in the eligibility or post eligibility treatment of income and resources. They can no longer be applied toward the personal needs allowance, community spouse income allowance, family member allowance nor cost of care. If German reparations payments are retained beyond the month of receipt, they must be considered exempt resources whether received while the person was in the community or after becoming institutionalized. These funds should be kept separate from other income and resources. Interest earned on these resources must be considered available income.
9 DE Reg. 239 (8/1/05)
Any unspent Federal disaster assistance funds are excluded for 9 to 18 months.
Any unspent Agent Orange settlement payments are excluded.
Victims compensation payments from a State established fund are excluded from resources for a period of 9 months after the month of receipt.
Any unspent Radiation Exposure Compensation Trust Fund Payments are excluded.
The unspent cash paid to an individual to help the individual pay for a medical or social service is not a resource for 1 full calendar month following the month of receipt.
Any unspent payments from the Netherlands' Act on Benefits for Victims of Persecution 1940-1945 (WUV) are excluded.
EITC (Earned Income Tax Credit) payments are excluded from resources in the month following the month of receipt.
The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (P. L. 111-312), which was signed into law on December 17, 2010, includes a provision that requires all programs funded in whole or in part with Federal funds, to disregard Federal tax refunds for a period of twelve months from the month of receipt.
Tax refunds and advance payments with respect to a refundable tax credit received after December 31, 2009 through December 31, 2012 are excluded from resources for the twelve calendar months following the month of receipt.
Any portion of the refund or payment that is still retained after that twelve- month period will be a countable resource.
Any retained portion of a tax refund and/or advance payment that was received on or after January 1, 2013 will be a countable resource the month following receipt.
14 DE Reg. 1364 (06/01/11)
16 DE Reg. 1077 (04/01/13)
16 Del. Admin. Code § 20000-20310