1240-01-50-.07 - SPECIAL RESOURCE SITUATIONS

1240-01-50-.07. SPECIAL RESOURCE SITUATIONS

(1) Jointly Owned Resources. An individual's pro rata share of jointly owned resources will be considered as available unless such resources are inaccessible.

(a) When the individual can demonstrate that he/she has access to less than a pro rata share, only the portion to which he/she has access will be counted toward the assistance group's resource level.

(b) Resources are considered inaccessible to the assistance group if they cannot be practically subdivided and access to their value is dependent on the agreement of the joint owner who refuses to comply.

(c) When determining the AG's resource level, ineligible aliens residing with the household shall be considered household members. The resources of an ineligible alien will be counted only when the ineligible alien is the parent or spouse of an AG member.

(d) Real property that the AG cannot sell because it only has a life estate, use rights, lifetime occupancy, or dower rights, shall also be considered inaccessible to the AG.

(e) Victims Compensation Awards.

1. Victims Compensation Awards paid in behalf of minors will be treated as irrevocable trusts if:

(i) the minor's parent, other caretaker relative or guardian entered into an agreement with the State Claims Commission as to the uses to be made of the funds and signed such an agreement; and

(ii) the funds are deposited in accordance with the agreement; and

(iii) the funds remain on deposit or are used only according to the terms of the agreement. Any funds withdrawn and used for goods/services not specified in the agreement will be treated as income in the month received.

2. Victims Compensation Awards paid to adults (age 18 or older) in their own behalf will continue to be treated as non-recurring lump sums.

(2) Resources Of Legally Responsible Relatives.

(a) The availability of a resource often depends on the individual's legal right to share property which may be in the possession of another person. Therefore, the following rules apply to the treatment of resources of legally responsible relatives of an A/R who live in the home with him/her.

1. Resources of a spouse.

(i) Real and personal property belonging to the spouse of a relative other than a parent of the dependent child(ren) are not deemed to the assistance group. Real and personal property belonging exclusively to an SSI beneficiary is totally disregarded in determining the eligibility of his/her spouse and the AG in which his/her spouse is included. If property is jointly owned, that portion of the property which belongs to the SSI beneficiary is disregarded. If the proportionate share cannot be determined, the property is considered available in its entirety to each.

(ii) In stepparent situations, real and personal property belonging exclusively to a stepparent is considered available to the assistance group only when the stepparent is included in the AG.

2. Minor Recipients.

(i) When a minor in the AG lives with his/her parent(s), the resources of the parent(s) are not deemed to the AG which includes the minor unless the parent(s) are also included in that unit. Resources belonging to an SSI beneficiary parent of a child in the AG are disregarded.

The resources of a child are not considered available to his/her parents or siblings unless the child is included in the AG.

(ii) When the A/R is a minor living with a relative other than a parent, the resources of the relative are not considered available to the A/R or the A/R's child unless the relative is included in the AG.

The resources of a stepparent are not considered available to a child unless the stepparent is included in the AG.

3. Other Relatives. The resources of relatives other than a parent are not considered available to the child(ren) in the AG unless the relative is included in the AG. If resources of a relative exceed defined limits, neither the grantee relative nor the grantee relative's spouse may be included in the AG.

(Original rule filed December 2, 1996; effective February 15, 1997.)

Authority: T.C.A. ยงยง 4-5-201 et seq., 71-1-105, Public Acts of 1996, Chapter 950, and 45 C.F.R. 233.20.

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