(A) How are jointly
owned resources counted?
(1) Resources owned
jointly by separate assistance groups shall be considered available in their entirety
to each assistance group, unless the assistance group can demonstrate that the resources
are inaccessible to the applicant assistance group. If When the assistance group can demonstrate that it has access
to only a portion of the resource, the value of that portion of the resource shall
be counted toward the assistance group's resource level. The resource shall be considered
totally inaccessible to the assistance group if when the resources cannot be practically subdivided and
the assistance group's access to the value of the resource is dependent on the agreement
of the joint owner who refuses to comply.
(2) For purposes of
this provision, ineligible aliens or disqualified individuals residing with the
assistance group shall be considered assistance group members; non assistance group
members shall be considered separate from other assistance group members.
(3) Resources shall
be considered inaccessible to persons residing in shelters for battered womenpersons and children
if when the resources
are jointly owned by such persons and by members of their former assistance group
and the shelter resident's access to the value of the resources is dependent on
the agreement of a joint owner who still resides in the former assistance group.
(B) How are nonrecurring
lump-sum payments treated?
(1) A nonrecurring
lump-sum payment,(i.e. money
received at one time that is not expected to reoccur, or payments which are not
related to any time period such as death benefits or inheritance), shall be counted as resources
in the month received, unless specifically excluded from consideration as a resource
by other federal lawslaw.
(2) Upon obtaining
information that an assistance group has received a nonrecurring lump-sum payment,
the county agency shall review the case file in order to determine if when the amount received
in addition to the amount of resources listed on the application will exceed the
resource limit for the particular assistance group. If When the amount does not exceed the limitation, the case
file is noted to document the information received. No further action is required
unless the assistance group must be notified in accordance with the procedures for
a reported change. If When
the total amount exceeds the allowable resource limitation, the assistance
group must be notified and given an opportunity to update its entire resource statement.
If When it declines
to do so or the amount of resources still exceeds the limit, the county agency shall
take action to terminate the assistance group's food assistance supplemental nutrition assistance program benefits.
Effective: 9/1/2018
Five Year Review (FYR) Dates: 4/27/2018 and 09/01/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 08/01/2018
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 6/2/80, 4/1/81, 2/12/82, 7/1/82, 9/27/82,
6/1/83, 2/1/84 (Temp.), 3/2/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86,
10/1/88 (Emer.), 11/18/88, 1/5/90 (Emer.), 3/22/90, 2/17/91, 5/1/91 (Emer.),
6/1/91, 12/1/91, 7/1/92, 9/1/94, 10/1/95 (Emer.), 12/15/95, 2/1/96 (Emer.)
3/14/96, 7/1/96, 10/1/96 (Emer.), 12/5/96, 4/1/97 (Emer.), 6/6/97, 9/28/98,
3/1/01 (Emer.), 5/31/01, 10/11/02 (Emer.), 12/26/02, 6/1/03 (Emer.), 6/16/03,
6/12/08, 9/1/13