TN 39 (03-00)

Citations:

Social Security Act as amended, Section 1613(a); 20 CFR 416.1236

A. Introduction

1. General

Federal statutes other than the Social Security Act sometimes provide that the SSI program must exclude from resources (or income and resources) assistance provided under those statutes. See SI 01130.050 for a list of exclusions and a guide to instructions about exclusions, including those specified by other Federal statutes.

2. New Exclusions

Be aware that new or different assistance programs may have Federal involvement and be subject to an exclusion. (Central Office does not always immediately know when exclusions are enacted if they are handled by another agency.) Follow the guidelines in this section when a program is questionable or someone alleges a new exclusion or type of assistance.

B. Procedure -- new or questionable exclusion

1. Contact Regional Office

Contact the regional office (RO) if there is reason to believe an exclusion exists for a program with Federal involvement (which is not addressed in POMS), or if you learn of a new exclusion.

2. Helpful Information

The name of the local program or agency may not be sufficient information to make a determination. If possible, provide the RO with the following information:

• The name of the program and what it does;

• The public law (name and number) which authorizes the program;

• The section number(s) in the public law which pertain to the program; and

• The Federal agency which is responsible for Federal involvement in the program.