Ariz. Admin. Code § 6-13-115

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

Section R6-13-115 - Availability and Ownership of Resources

A. The Department shall consider a resource as countable to the assistance unit only when the resource is legally and physically available or in the possession of the assistance unit member.

B. The Department shall consider the availability of property to the assistance unit based on the type of ownership.

1. The sole and separate property of one spouse is available to the other spouse only when the spouse/owner makes the property available. A resource shall be considered sole and separate property only when obtained in one of the following ways:

a. Before the present marriage, or

b. At any time by gift or inheritance.

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 when all owners are members of the assistance unit.

C. The Department considers the following resources unavailable to the assistance unit:

1. Any resource owned solely by a spouse who is receiving Supplemental Security Income (SSI) paid by Title XVI of the Social Security Act.

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

3. Real property situated on a Native American reservation.

Ariz. Admin. Code § R6-13-115

New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).