Section 112.151  Exempt Assets

a)         The following assets are exempt from consideration in determining eligibility for assistance and the amount of the assistance payment:

1)         A home that is the usual residence of the assistance unit.

2)         Clothing, personal effects and household furnishings.

3)         One automobile per assistance unit.

4)         The value of the coupon allotment under the Food Stamp Act of 1977 (7 USC 2011 et seq.).

5)         The value of the U.S. Department of Agriculture donated foods (surplus commodities).

6)         The value of supplemental food assistance received under the Child Nutrition Act of 1966 (42 USC 1771 et seq.) and the special food service program for children under the National School Lunch Act (42 USC 1751 et seq.).

7)         The principal and interest of a trust fund which the court refuses to release and one-time only payments released for a specific purpose other than income maintenance needs of the child.

8)         Burial spaces and additions or improvements to a burial space.

9)         Prepaid Funeral Agreements worth $1500 or less per person.

10)         Donations or benefits from fund raisers held for a seriously ill client provided the client or a responsible relative of the client does not have control (that is, not available to the client or the responsible relative) over the donations or benefits or the disbursement of the donations or benefits.

11)         A nonrecurring lump-sum SSI payment and a nonrecurring lump-sum SSA payment based on the individual's disability and made to that individual in a TANF assistance unit is exempt as an asset for the month of receipt and the following month.  For the third month, any remainder must be counted as a nonexempt asset.

12)         The value of any savings in which the money is accumulated from the earning of a child.  The interest is also exempt as well as gifts to the child not exceeding $50 per quarter.

13)         The value of micro-equipment and inventory needed for a functioning self-employment enterprise or being held in accordance with a Responsibility and Services Plan for the establishment of a self-employment enterprise.

14)         Funds held in Individual Development Accounts meeting the requirements of Section 404(h) of the Social Security Act or in a program approved by the Department.

b)         In addition to the above, the following assets are exempt.  The assets listed in this subsection (b) remain exempt only as long as they can be separately identified if they are added to an existing account.  If the amount of combined assets at any time, from the time of the receipt of the exempt asset or assets until the date of the eligibility determination or redetermination, fall below the amount of the exempted assets, only the lowest balance remains exempt.

1)         The assets of a stepparent for purposes of determining the stepchild's eligibility.

2)         Any benefits received under Title VII, Nutrition Program for the Elderly of the Older Americans Act of 1965 (42 USC 3045 et seq.), as amended.

3)         Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.).

4)         Any payments distributed per capita or held in trust for members of any Indian Tribe under P.L. 92-254, P.L. 93-134 or P.L. 94-540.

5)         Tax-exempt portions of payments made pursuant to the Alaska Native Claims Settlement Act (43 USC 1601 et seq.).

6)         Federally subsidized housing payments under Section 8 of the Housing and Community Development Act of 1974 (42 USC 1437f) of the U.S. Housing Act of 1937.

7)         Effective October 17, 1975, receipts distributed to certain Indian Tribunal members of marginal land held by the United States government.

8)         Payments for supporting services or reimbursement for out-of-pocket expenses made to volunteers serving as senior health aides, senior companions, foster grandparents, and persons serving in the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) and any other programs under Titles II and III, pursuant to Section 418 of P.L. 93-113.

9)         Any grant or loan to an undergraduate student for educational purposes made or insured under any programs administered by the Commissioner of Education.

10)         For those individuals who have approved self-employment plans under Section 112.78, business assets must be separate from personal assets. Business assets are those assets that are directly related to producing goods and services that have been purchased after the business begins or as part of an approved self-employment plan (see Section 112.78).  Business assets are considered exempt unless it is determined that the equity value (the value for which the asset can be sold less any amount owned on the asset) exceeds $1,000. If the assets are determined to exceed $1,000 but are less than $5,000, the case will be reviewed in the DHS central office to ensure that the assets in excess of $1,000 are appropriate as business assets. A determination of business assets will be completed two years after the plan is approved.

11)         Any payments received under Title I of P.L. 100-383 of the Civil Liberties Act of 1988 (50 USC 1989b through 1989b-8).

12)         Any payment received under Title II of P.L. 100-383 of the Aleutian and Pribilof Islands Restitution Act (50 USC 1989c through 1989c-8).

13)         Payments made to veterans who receive an annual disability payment or to the survivors of deceased veterans who receive a one-time lump-sum payment from the Agent Orange Settlement Fund or any other fund referencing Agent Orange product liability under P.L. 101-201.

14)         Payments made by the Illinois Department of Mental Health and Developmental Disabilities under the Family Assistance Program for Mentally Disabled Children under P.A. 86-921.

15)         Assets accumulated from income earned through employment under the federal "Health Start" Project.

16)         Disaster relief payments provided by federal, State or local government or a disaster assistance organization.

17)         Earmarked child support payments received by a client for the support of a child not included in the assistance unit.

18)         Payments received under the federal Radiation Exposure Compensation Act (42 USC 2210 nt).

19)         Payments made to individuals because of their status as victims of Nazi persecution pursuant to P.L. 103-286.

(Source:  Amended at 25 Ill. Reg. 10336, effective August 3, 2001)