Tenn. Comp. R. & Regs. 1240-01-04-.09 - SPECIAL RESOURCE SITUATIONS - FOOD STAMPS/AFDC
(1) Jointly
Owned Resources.
(a) Resources owned jointly
with any other person(s) outside the HH/AG shall be considered available in
their entirety to that person(s) and to the HH/AG, unless it can be
demonstrated that the resources are inaccessible to the HH/AG. If the HH/AG can
demonstrate that it has access to only a portion of the resource shall be
counted toward the HH/AG resource level. The resource shall be considered
inaccessible to the HH/AG if the resources cannot be practically subdivided and
access to the value of the resource is dependent on the agreement of the joint
owner who refuses to comply.
Resources owned jointly with any other person(s) outside of the HH/AG shall be considered totally inaccessible to the HH/AG if the resource cannot practically be subdivided and the HH/AG's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply. For Food Stamp purposes ineligible aliens or disqualified individuals residing with the household shall be considered house hold members.
1. Exception: Food Stamps. Resources shall be
considered inaccessible to persons residing in shelters for battered women as
defined in 1240-01-08 -(74), if the resources are jointly owned by such persons
and by members of their former household; and the shelter resident's access to
the value of the resource is dependent on the agreement of a joint owner who
still resides in the former household.
(b) Real property that the HH/AG cannot sell
because it only has a life estate, use rights, lifetime occupancy, or dower
rights shall also be considered inaccessible to the HH/AG.
(2) Resources of Legally Responsible
Relatives - AFDC Only.
(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
regulations 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 an applicant or recipient is to receive the same consideration as
if owned by the applicant or recipient, except real and personal property
belonging exclusively to an SSI beneficiary is disregarded in determining the
eligibility of his/her spouse to receive AFDC. 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, then the property
is considered available in its entirety to each owner.
(ii) In stepparent situations, real and
personal property belonging to a stepparent is considered available to his/her
spouse but the value of the property cannot be considered available to the aid
group unless the spouse or stepparent is included in the aid group.
2. Minor Recipients (i) When a
minor in the aid group lives with his/her parents:
(I) The resources of the parent are
considered available to the child. The resources belonging exclusively to an
SSI beneficiary are disregarded in determining eligibility for his/her
children. If resources are jointly owned, that portion of the resources 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 owner.
(II) The resources of a
child are not considered available to his/her parents or siblings unless the
child is included in the aid group. However, if the child's resource exceeds
the maximum allowance for one person, he/she cannot be included in the aid
group unless it is established that the resource is not or cannot be made
available to meet the child's maintenance needs.
(ii) When the A/R is a minor living with a
relative other than the parent, the resources of the relative are not
considered available to the A/R or the A/R's child.
3. Other Relatives. The resources
of relatives other than a parent are not considered available to the child(ren)
in the aid group unless the relative is included in the aid group. If resources
of a relative exceed defined limits, neither the grantee relative nor the
grantee relative's spouse may be included in the aid group.
Notes
Authority: T.C.A. ยง 14-8-106; PL 97-35.
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