Section He-W 856.03 - Jointly Owned Resources(a) Personal property resources established prior to November 1, 1995, which an individual owns together with a non-assistance group member who is not receiving assistance, shall be considered to be shared equally among the owners, unless the individual verifies ownership of more or less than an equal share. If the individual verifies ownership of more or less than an equal share through documentary evidence, only the amount of the share actually owned by the individual shall count as a resource.(b) Personal property resources established on or after November 1, 1995, which an individual owns together with an individual who is not an applicant or recipient, shall be considered to belong to the individual who is applying for or receiving assistance. If there is more than one individual who is applying for or receiving assistance that jointly owns the resource, it shall be assumed that each individual owns an equal share. (1) If an individual wishes to rebut the ownership presumption in (b) above, the individual shall submit to the department all of the following: a. A statement from the individual describing the portion of the personal property resources the individual claims to own, signed and dated under penalty of unsworn falsification pursuant to RSA 641:3;b. A corroborating statement from each other account holder, with each statement signed and dated under penalty of unsworn falsification pursuant to RSA 641:3;c. If the only other account holder is incompetent or a minor, a corroborating statement from a competent adult aware of the circumstances surrounding establishment of the account;d. Account records showing deposits, withdrawals and interest in the months for which ownership is an issue;e. If the individual does not own any of the funds, documentary evidence showing that the individual can no longer withdraw funds from the account; andf. If the individual owns only a portion of the funds, documentary evidence showing removal from the account of such funds, or removal of the funds owned by the other account holder(s), and redesignation of the account.(2) Any resources that the evidence establishes were owned by the other account holder(s), as determined by the department, and that the individual can no longer withdraw from the account shall not be considered to be the individual's resources. However, such resources shall be deemed available to the individual if the account holder to whom they belong is someone whose resources would be used in determining the individual's eligibility.(3) Jointly owned real property shall be excluded if the terms of ownership of the property prevent the individual from unilaterally liquidating the property and the other owner or owners refuse to agree to the sale. The addition of a joint owner shall be evaluated as an asset transfer in accordance with He-W 620.01.(4) To verify: a. The terms of ownership of the jointly owned real property which prevent the individual from unilaterally liquidating the property pursuant to (3) above, the individual shall submit to the department the deed, title, or other legally binding property document stating the terms of property ownership; andb. The other owner or owners refuse to agree to the sale pursuant to (3) above, the individual shall submit to the department a corroborating statement from each other account holder, with each statement signed and dated under penalty of unsworn falsification pursuant to RSA 641:3N.H. Admin. Code § He-W 856.03
Derived From Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10982, Effective 11/24/2015, Expires 11/24/2025.