Ala. Admin. Code r. 660-4-2-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 660-4-2-.11 - Resource Eligibility Standards

Federal regulations concerning the treatment of resources are followed with exceptions listed below.

Only certain liquid resources owned by a household member will be used to determine the household's countable resources. Income counted to the household for a month cannot be counted as a resource for that same month.

The resources of a household member who is categorically eligible (receives SSI and/or FA benefits) will not be included in the resource determination for the household.

The resources of a household member that is determined categorically eligible based on expanded categorical eligibility rules will not be included in the resource determination for the household. The resources of household members who are disqualified or ineligible will be included as detailed in Section 1102.

The resources deemed to a sponsored alien will be included as detailed on Section 1108.

The following liquid resources will be counted:

1. Cash on hand.

2. Money in a checking account.

3. Money in a savings account.

4. Certificates of deposit (value minus any penalty for early withdrawal).

5. Stocks

6. Bonds

7. US Savings bonds (redeemable value).

8. Vacation pay of a laid - off employee that is received in a single payment or that the employee can but chooses not to receive. (If these funds are received in more than one payment the payments are counted as income.)

9. Loans (other than deferred payment loans for education).

10. Trust funds to which the household has access.

11. Non - recurring lump sum payments including but not limited to:

a. In come tax refunds, rebates, or credits.

b. Retroactive lump-sum payments for Social Security, SSI, FA, UCB, and other programs.

c. Funds from a guardian or conservator account which are limited to use in emergency situations.

d. Child support payments received from income tax intercept.

12. The total value of any of the above listed resources that are jointly owned with a non-household member.

If a jointly - owned resource is accessible but the household member claims not to be the owner of the resource, it is the household's responsibility to establish non - ownership of the funds. The following will be considered in determining non - ownership:

1) reason for establishment of the account and

2) account activity (withdrawals and deposits) and

3) the person responsible for the account activity.

Documentation to establish non-ownership may include written statements from all account holders or a third party with knowledge of the circumstances, statements from a bank official, monthly account statements, cancelled checks, deposit slips, or information to establish the source of the funds such as check stubs, employer statements, etc.

Ala. Admin. Code r. 660-4-2-.11

New Rule: Filed November 1, 1995; effective December 6, 1995. Amended: Filed June 9, 1999; effective July 14, 1999.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 11/23/2018.

Author: Pamala Pace

Statutory Authority:Horstead v. Lung, Case No. 88-T-330-S, U.S. District Court Middle District of Alabama (decided July 12, 1988); Wood v. State Department of Human Resources, 523 So. 2d 129 (Alabama Civ. App. 1990).