Ariz. Admin. Code § 6-12-402

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-402 - Treatment of Resources by Ownership Status; Availability

A. The Department shall consider the resources belonging to an assistance unit member available to the assistance unit.

B. The Department shall consider the resources of the following individuals available to the assistance unit:

1. A dependent child's parent and minor sibling, when residing with a dependent child in an assistance unit, even when the parent or minor sibling:

a. Has not requested CA;

b. Is ineligible for CA for failure to comply with an eligibility requirement; or

c. Is ineligible for CA due to disqualification for Intentional Program Violation, as provided in Article 12;

2. A stepparent, when residing with a dependent child in an assistance unit and the dependent child's parent, who makes resources available to the assistance unit or the dependent child's parent.

C. The Department shall consider the resources belonging to the sponsor of a noncitizen, as provided in R6-12-506, available to the assistance unit.

D. The Department shall consider the resources of the persons listed in this subsection unavailable to the assistance unit.

1. A non-parent relative who is not included in the assistance unit;

2. An SSI recipient, as to resources held as sole and separate property, or counted in the determination of SSI eligibility;

3. A dependent child for whom deprivation does not exist;

4. A dependent child who is not included in the assistance unit due to receipt of adoption assistance or foster care payments under Title IV-E of the Social Security Act or who is ineligible for CA due to the family benefit cap.

E. The Department shall consider ownership in determining availability of the resources to the assistance unit.

1. The sole and separate property of one spouse is deemed unavailable to the other spouse, unless the owner spouse makes the property available to the other spouse.

2. Jointly 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 if all owners are members of the assistance unit.

3. Jointly owned resources, with ownership records containing the word "or" between the owners' names, are deemed available in full to each owner. When more than one owner is a member of an assistance unit, the equity value of the resource is counted only once.

F. The Department shall consider the following resources unavailable to the assistance unit and to any other person whose resources are considered available to the assistance unit:

1. Property subject to a spendthrift restriction. Such property may include:

a. Irrevocable trust funds that are prohibited by a court from being disbursed to the beneficiary who is an assistance unit member or to any other person whose resources are considered available to the assistance unit. When such funds may be disbursed by court order, the beneficiary or appropriate assistance unit member shall petition the court for disbursement of the funds;

b. Accounts established by the Social Security Administration, Veteran's Administration, or some other entity, which mandate that the funds in the account be used for the benefit of a person not residing with the assistance unit.

2. Resources being disputed in divorce proceedings or in probate matters.

3. Real property situated on a Native American reservation.

4. Resources belonging to a member of the needy family except as to those family members listed in subsections (A), (B), and (C).

Ariz. Admin. Code § R6-12-402

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).