Current through Register Vol. 48, No. 14, April 8, 2022
A. The Department shall consider a resource
as countable to the assistance unit only when the resource is legally and
physically available or in the possession of the assistance unit
The Department shall
consider the availability of property to the assistance unit based on the type
The sole and separate
property of one spouse is available to the other spouse only when the
spouse/owner makes the property available. A resource shall be considered sole
and separate property only when obtained in one of the following ways:
a. Before the present marriage, or
b. At any time by gift or
owned resources with ownership records containing the words "and" or "and/or"
between the owners' names are deemed available when all owners can be located
and consent to disposal of the resource, except that such consent is not
required when all owners are members of the assistance unit.
The Department considers the
following resources unavailable to the assistance unit:
1. Any resource owned solely by a spouse who
is receiving Supplemental Security Income (SSI) paid by Title XVI of the Social
2. Resources disputed
in divorce proceedings or in probate matters.
3. Real property situated on a Native
Ariz. Admin. Code §
New Section made by
final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp.