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(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.

History: Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201 and 53-6-131, MCA; NEW, 1999 MAR p. 2286, Eff. 7/2/99.

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