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4.5.9 EBD NON-HOME PROPERTY EXCLUSIONS

Non-home property is any countable asset other than a homestead.  See 4.7.4 for divestment.  Exclusions of non-home property in EBD cases include:

 

  1. Real property that is listed for sale with a realtor at a price consistent with its fair market value.
     

  2. Property excluded regardless of value or rate of return.  Property used in a trade or business is in this category.  See 4.2.3.1.1.

 

  1. Property excluded up to $6,000, regardless of rate of return.  This category includes non-business property used to produce goods or services essential to self-support.  Any portion of the property's equity value in excess of $6,000 is not excluded.

 

Non-business property essential to self-support can be real or personal property.  It produces goods or services essential to self-support when it is used, for example, to grow produce or livestock solely for personal consumption, or to perform activities essential to the production of food solely for home consumption.  

 

  1. Property excluded up to $6,000 if it is non-business property that produces a net annual income Income is anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter. (either cash or in-kind income) of at least 6%.

 

If the excluded portion produces less than a 6% return due to circumstances beyond the person's control (e.g., crop failure, illness), and there is reasonable expectation that it will again produce at least a 6% return, continue to consider the first $6,000 in equity as excluded.

 

This page last updated in Release Number: 02-04

Release Date: 10-01-02

Effective Date:10-01-02