N.D. Admin. Code 75-02-01.2-23

Current through Supplement No. 394, October, 2024

Section 75-02-01.2-23 - Exempt assets

The following assets are exempt from consideration in determining eligibility for temporary assistance for needy families benefits:

1. The home occupied by the household including trailer homes being used as living quarters, and the land upon which the home stands, up to twenty contiguous acres [8.09 hectares], if rural, and up to two acres [.81 hectare], if located within the established boundaries of a city;

2. Personal effects, wearing apparel, household goods, and furniture;

3. One car, van, or pickup of any equity value;

4. Indian trust or restricted lands, the proceeds from the sale thereof so long as those proceeds are impressed with the original trust, and the proceeds from the lease thereof so long as those proceeds are not commingled with other funds;

5. For twelve months from the month of receipt, any refund of federal income taxes made to a member of the household including the earned income tax credit, and any payment made to a member of the household by an employer, relating to advance payment of earned income tax credit;

6. Real property that the household is making a good-faith effort to sell;

7. Indian per capita funds and judgment funds awarded by either the Indian claims commission or the court of claims after October 19, 1973, interest and investment income accrued on such Indian per capita or judgment funds while held in trust, and purchases made using interest or investment income accrued on such funds while held in trust. The funds must be identifiable and distinguishable from other funds. Commingling of per capita funds, judgment funds, and interest and investment income earned on those funds, with other funds, results in loss of the exclusion;

8. The equity value of all assets owned by a member of the household who is a recipient of supplemental security income; and

9. The equity value of the assets, jointly owned by a program household member and a recipient of supplemental security income.

N.D. Admin Code 75-02-01.2-23

Effective December 9, 1996; amended effective January 1, 2003; January 1, 2014.

General Authority: NDCC 50-09-02, 50-09-25

Law Implemented: NDCC 50-09-02