Kan. Admin. Regs. § 30-4-106 - General rules for consideration of resources, including real property, personal property, and income
(a) For purposes of
determining eligibility for assistance, ownership of property shall be
determined by legal title. In the absence of a legal title, ownership shall be
determined by possession.
(b)
Resources, to be real, shall be of a nature that the value can be defined and
measured. The value of resources shall be established by the objective
measurements set forth in paragraphs (1) and (2) below.
(1) Real property. The value of real property
shall be initially determined by the latest uniform statewide appraisal value
of the property, which shall be adjusted to reflect current market value. If
the property has not been appraised or if the market value as determined above
is not satisfactory to the applicant or recipient or the agency, an estimate or
appraisal of its value shall be obtained from a disinterested real estate
broker. The cost of obtaining an estimate or appraisal shall be borne by the
agency.
(2) Personal property. The
market value of personal property shall be initially determined by a reputable
trade publication. If a publication is not available, or if there is a
difference of opinion regarding the value of the property between the applicant
or recipient and the agency, an estimate from a reputable dealer shall be used.
The cost of obtaining an estimate or appraisal shall be borne by the agency.
(c) Resources shall be
considered available both when actually available and when the applicant or
recipient has the legal ability to make them available. A resource shall be
considered unavailable when there is a legal impediment that precludes the
disposal of the resource. The applicant or recipient shall pursue reasonable
steps to overcome the legal impediment unless it is determined that the cost of
pursuing legal action would exceed the resource value of the property or that
it is unlikely the applicant or recipient would succeed in the legal action.
(d) The resource value of property
shall be that of the applicant's or recipient's equity in the property. Unless
otherwise established, the proportionate share of jointly owned real property
and the full value of jointly owned personal property shall be considered
available to the applicant or recipient. Resources held jointly with a
non-legally responsible person may be excluded from consideration if the
applicant or recipient can demonstrate that the applicant or recipient has no
ownership interest in the resource, that the applicant or recipient has not
contributed to the resource, and that any access to the resource by the
applicant or recipient is limited to acting as an agent for the other person.
(e) Except as provided in
subsection (h) and (l), non-exempt resources of all persons in the assistance
plan and the nonexempt resources of persons who have been excluded from the
assistance plan pursuant to K.A.R. 30-4-70(e)(3) and 30-4-90(a)(3) shall be
considered.
(f) Except as provided
in subsection (h), the combined resources of husband and wife, if they are
living together, shall be considered in determining the eligibility of either
or both for assistance, unless otherwise prohibited by law. A husband and wife
shall be considered to be living together if they are regularly residing in the
same household. Temporary absences of one of the couple for education or
training, working, securing medical treatment, or visiting shall not be
considered to interrupt the couple's living together.
(g) Despite subsections (e) and (f), the
resources of an SSI beneficiary shall not be considered in the determination of
eligibility for assistance of any other person, except for funeral assistance.
(h) The resources of an alien
sponsor and the sponsor's spouse shall be considered in determining eligibility
for the alien.
(i) A conversion of
real or personal property from one form of a resource to another shall not be
considered as income for the applicant or recipient except for the proceeds
from a contract for the sale of property.
(j) Income shall not be considered both as
income and as property in the same month.
(k) Despite subsection (e) above, the
resources of a child whose needs are met through foster care payments shall not
be considered.
(l) This regulation
shall take effect on and after October 1, 1997.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.