10A NCAC 71U .0215       Resource Exclusions

Resource exclusions are found in 7 CFR 273.8(e) and this provision is hereby incorporated by reference under G.S. 150B-21.6 and does not apply to subsequent amendments and editions.  In addition to the exclusions found in federal regulations, the following resources shall be excluded in determining eligibility and benefit level: 

(1)           funds from property conveyed to an individual at death of the property owner, also referred to as heir property;

(2)           burial plots/space;

(3)           lifetime interest in real or personal property limited to an individual's lifetime but the individual does not actually own the property;

(4)           remainder interest in property when one individual owns property and another individual has the lifetime right; and

(5)           land or buildings not excluded as a homesite, income producing property, or for the sale by good faith effort. 

A copy of the CFR may be obtained by contacting the Government Printing Office, Superintendent of Documents, P. O. Box 37194, Pittsburgh, PA  15250-7954 or accessing the CFR online at www.access.gpo.gov/nara/cfr.


History Note:        Authority G.S. 143B-153; P.L 107-171;

Temporary Adoption Eff. March 1, 2003;

Eff. August 1, 2004.