Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.49 - IV-E FOSTER CARE SERVICES › Subchapter 37.49.5 - Resources › Rule 37.49.502 - IV-E FOSTER CARE ELIGIBILITY: EXCLUDED RESOURCES

Current through Register Vol. 13, July 5, 2024
(1) The following resources are not counted
				when determining IV-E eligibility:
(a) the
				home which is the usual residence of the filing unit;
(b) one motor vehicle which has an equity
				value of $1,500 or less. Any equity value in excess of $1,500 for the first
				vehicle and the entire equity value of any additional vehicle or vehicles is
				counted in determining eligibility;
(c) household furniture and goods, clothing
				and other personal effects, equipment or other items necessary to produce food,
				home produce for family use and consumption only, and other items of limited
				value essential for day-to-day use;
(d) tools and equipment essential for the
				self-employment of a member of the filing unit;
(e) one burial plot for each member of the
				filing unit;
(f) funds designated
				for the funeral, burial, and/or cremation expenses of members of the filing
				unit as follows:
(i) for each member of the
				filing unit, a sum of $1,500 or less designated for such expenses under an
				irrevocable agreement; or
(ii) for
				each member of the filing unit, an unlimited sum designated for such expenses
				under an irrevocable agreement;
(g) real property other than the usual
				residence of the filing unit, for a maximum of 6 months, if the family is
				making a good faith effort to sell the property;
(h) agent orange settlement
				payments;
(i) radiation exposure
				compensation payments;
(j) Maine
				Indian Claims Settlement Act of 1980 payments;
(k) restitution paid pursuant to the Civil
				Liberties Act of 1988 to individuals of Japanese ancestry who were interned and
				Aleuts who were relocated during world war II;
(l) major disaster and emergency assistance
				payments received pursuant to the Disaster Relief and Emergency Assistance
				Amendments of 1988;
(m) all funds
				in a business asset development account (BADA), provided that if the business
				fails and any funds from the account are disbursed to a member of the filing
				unit, those funds shall be counted as a resource in the month they are
				disbursed and in each subsequent month until the funds are spent
				down;
(n) cash benefits paid under
				a fire or casualty insurance policy for 90 days after the date of
				receipt;
(o) the face value of any
				life insurance owned by any member of the filing unit, but not the cash value
				of such insurance;
(p) any funds in
				an escrow account established for a member of the filing unit who is
				participating in the housing and urban development (HUD) family
				self-sufficiency (FSS) program;
(q)
				settlement proceeds paid to a member of the filing unit in the factor VIII or
				IX concentrate blood products class action lawsuit, MDL 986, No. 93-C-7452,
				northern district of Illinois;
(r)
				funds in a family health account (FHA) ;
(s) any unspent portion of an earned income
				tax credit (EITC) advance payment or refund, in the first month after the month
				in which it is received; pursuant to ARM
				37.49.412, EITC payments and
				refunds are excluded as earned income in the month of receipt;
(t) student financial assistance made for
				attendance costs under Title IV of the Higher Education Act or bureau of Indian
				affairs student assistance programs under the Higher Education Technical
				Amendments Act of 1987; and
(u) a
				loan which a member of the filing unit receives and has a legal obligation to
				repay pursuant to a written agreement signed by the member.