Assets - "Liquid" 415-25-10-10-05

(Revised 10/1/06 ML #3045)

View Archives

 

 

"Liquid a board and room arrangement, the person making board and room payments will not be counted as a member of the household, nor will his income be included when determining the applicable income eligibility level for the household. The bedroom of this person will not be counted. Conversely, the income of an individual living in the household who does not have a negotiated rate of payment for board and room will be included in the total household income, the individual person will be counted as a member of the household, and the bedroom of the person will be counted.

 

"Liquid asset" is defined as any resource which can readily be converted to cash, and includes cash on hand, checking accounts, savings accounts, stocks (see 415-25-10-50), bonds, pension plans which do not involve the household member in a contractual relationship with non-household members (for example, IRA's, Keogh plans, and Simplified Employer Pension Plans), Individual Indian monies, and other negotiable instruments. Note that certain large deposits designated for future living expenses may temporarily distort the liquid assets (#8).

 

To arrive at the countable cash value for any account or plan that imposes penalties for early withdrawals, subtract the amount of the penalty (if any) from the value of the account or plan.

 

"Liquid Assets" NOT Counted:

 

  1. Cash surrender and loan values of life insurance. NOTE that if a life insurance policy is cashed in, proceeds are NOT considered income. Instead, it is treated as a conversion of an asset, and only those proceeds which have been converted to a countable asset will be counted (as an asset).

  2. The cash value of pension plans or funds that involve a contractual agreement with non-household members, regardless of whether the person is currently employed.  Contractual agreements normally refer to retirement plans with employers.  If withdrawn, they become an available asset in the month received.

Examples:

 

State Retirement, Teachers Retirement,

457 plans, 401(k) plans, the Federal

Employee thrift savings plan, 403(b)

Plans and 401(c) (18) plans.

 

NOTE:  The cash value of pension plans or funds which do not involve a contractual agreement with non-household members are counted.  Some examples include Keogh plans and Individual Retirement Accounts (IRA'sJ).

 

Annuities may fall into either category.

  1. Savings resulting from earnings plus up to $250 resulting from gifts or other sources of each dependent child under age 19 who is still in elementary or high school.

  2. The following loans held as liquid assets provided they are held in a separate account:

    Business/farm operating loans for thecurrent operating year only

    Student loans for

  3. Business/farm operating loans for the

  4. Student loans for

  1. Per capita payments to Native Americans will NOT be counted indefinitely, as long as they are held in a separate account. If they are commingled with other funds, they will NOT be counted for six months from the date they are commingled, then counted as an available asset.

  2. Payments received under the Civil Liberties Act of 1988 by American-Japanese citizens displaced during World War II. (Public Law 100-383, section 105 of Title I)

  3. Payments received under Public Law 101-201, section 1(a) and P.L. 101-239, section 10405 regarding Agent Orange settlements.

  4. Periodic or annual current income that exceeds a single month and is held in a liquid asset for future monthly living costs.

  5. A maximum of $5,000 of an asset designated by the household expressly to pay for burial costs of members of the household who are age 60 and above. Such assets will be treated as follows:

  1. Any amount in excess of $5,000 per household member (age 60 and above) will be counted as an available asset to the household.

  2. Any withdrawal from the asset will be treated as an asset conversion. (See 415-25-10-25)

  3. Interest accrued to the account will be considered part of the asset; interest paid to the household will be considered income. (See 25-05-20-20, #4)

  4. The asset designated for burial purposes cannot be co-mingled with other assets that are not burial accounts.

Example: If a household has a $10,000 account that is not designated as a burial account all $10,000 would have to be counted as an asset. If the account is designated as a burial account and there is one person in the household age 60 or older, then $5,000 would be exempt by LIHEAP and the other $5,000 would be counted as an asset.

 

If there are two person age 60 or older in the household, then the entire $10,000 account would be exempt if it is designated as a burial account.

  1. The designated asset is NOT restricted to:

(1) Contracts with funeral homes,

(2) Specific types of financial instruments, or

(3) Instruments with financial institutions in North Dakota.

NOTE: Burial accounts do not have to be depleted for those over 60 in order for the household to be eligible for Emergency Assistance.

  1. Payments received under the Aleutian and Pribilof Islands Restitution Act, Public Law 100-283, Section 206 of Title II for restitution made to Aleuts who were relocated by the U.S. government during World War II.

  2. Payments made for major disaster and emergency assistance under the Disaster Relief and Emergency Assistance Amendments of 1988, Section 105 of Public Law 100-707 (45 USC 5141 et seq.).

  3. Any amount necessary for the fulfillment of a Plan for Achieving Self-Support (PASS) under Title XVI of the Social Security Act (SSI) will NOT be counted as an asset to the household.

  4. Payments made to volunteers including VISTA volunteers under the Domestic Volunteer Service Act of 1973 (42 USC 5044(9)(i)).

  5. Payments received under Public Law 103-286, Subsection 1(a) from a foreign government for restitution made to victims of Nazi persecution.

  6. Income acquired during a month cannot be considered as an asset in the same month.

  7. Tools, machinery, and vehicles necessary to produce income.