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IMA POLICY MANUAL PART VI: FINANCIAL ELIGIBILITY REQUIREMENTS
Chapter 1: Determining Countable Assets
The TANF and GC programs place a limit on the level of assets a group can own (and have access to) and still be eligible for assistance. The FS program places a similar asset limit on all assistance groups except those which are categorically eligible (i.e., all household members receive TANF and/or SSI (see Chapter 12: Categorical Eligibility Part IV). The rules for which assets are countable toward the asset limit, how to value assets, and the overall level of countable assets allowed are almost always the same for TANF, GC, and FS. The asset rules are governed by federal FS regulations which outline how assets are to be treated. If a customer reports assets that are not defined in the IMA Policy manual, contact the IMA Policy Office for guidance. Please note that some publications use the terms "asset" and "resource" interchangeably.
To be eligible for MA under some eligibility categories, groups must have countable assets below a specified level. Some categories do not, however, impose an asset test. Specifically, children and pregnant women who meet the non-financial and income-eligibility criteria under 'Poverty Level Families and Children' within the AR program type and children, parents, and caretaker relatives eligible under the AX program type do not have to meet an asset test (see Section 2.2.2: ACEDS MA Program Types in Part I). Also, groups which are categorically eligible do not have to meet an asset test (see Chapter 12: Categorical Eligibility in Part IV).
This chapter relates only to the treatment of assets for programs or eligibility groups within programs that impose an asset test on applicants and recipients. Thus, in this chapter when the term 'ALL' is used to indicate the programs to which a particular policy apply, the term only includes those programs and eligibility categories within programs that apply an asset test. Similarly, in this chapter the term 'MA' only includes the DC Healthcare Alliance and those Medicaid eligibility categories that impose an asset test. For clarity, when MA is broken into subgroups in this chapter, a notation will be made to indicate that the asset-related discussion does not apply to certain categories.
| Countable Assets |
TANF: 3-205.10-.11; 3-205.15; 3-217.5
GC: See TANF and D.C. Code 3-205.5a |
MA: 42 USC 1396 a(l), 1396 u-1; 42 CFR 435.601, 435.840-845
FS: 7 USC 2014(g), 2014(j); 7 CFR 273.8 |
| ALL |
The value of all assets that are available and not explicitly excluded are counted. Assets are available if an applicant/recipient has both legal authority and actual ability to use the assets for self-support. When an asset is owned in whole or in part, presume the asset is wholly available unless the applicant/recipient proves it is not available. An applicant/recipient may prove unavailability by verifying a legal or other actual barrier to disposal of the asset that cannot reasonably be overcome. Certain overall principles apply when considering a client's assets:
- An asset will not be considered available for purposes of charging an overpayment if all members of the group were unaware of the asset and had no reason to be aware of it (see Chapter 6: Overpayment and Underpayment in Part VIII). An asset can be excluded from the asset limit for the period of time the client is unable to sell it.
- An asset which the client owns jointly with another person may be available (see Section 1.16: Jointly Owned Assets in this Chapter).
- Customers are responsible for providing information and verifications regarding countable assets at initial application and assets acquired during the certification period or in-between eligibility redeterminations.
- Countable assets have either cash value or equity value. Cash value is the amount of money that can be generated if the asset were sold. Equity value is fair market value minus encumbrances or any amount legally owed on the asset. Countable cash value and equity value will be measured against the asset limit in the eligibility determination process.
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| ALL |
An asset may be excluded in whole or in part depending upon its type or its source. It may also be excluded for a set period of time. Different programs may have different rules regarding whether an asset may be excluded, the amount of the exclusion, or the period during which it may be excluded.
Liquid assets that can be excluded should be kept separate and apart from countable assets. |
Liquid and Non-Liquid Assets 1.4
| ALL |
Assets are either liquid or non-liquid. If assets are liquid, they have a cash value. If assets are non-liquid, they have an equity value. Fair market value is the wholesale value of an asset, regardless of the amount the group owes on the it. Equity value is the fair market value minus encumbrances or any amount legally owed on the asset. An asset that is converted from one type to another (i.e., an item is sold for cash) continues to be considered an asset. |
Liquid Assets (Cash Value) 1.4.1
| ALL |
For the following liquid assets, the value of the asset is the amount in the applicant's possession or in the account:
- Cash on hand, including uncashed checks, drafts, and warrants;
- Savings account;
- Checking account;
- Credit union share or draft account;
- LTC patient trust fund; and
- Personal Needs Allowance (PNA) account administered by a LTC facility or authorized representative on behalf of a MA recipient.
The value of the following types of liquid assets is the amount if it were converted to cash:
- Certificate of deposit (CD);
- Life insurance;
- U.S. savings bond, except that it will not be counted as long as it cannot be cashed in;
- Lump sum payments such as lottery winnings and inheritances;
- Trusts;
- Stocks, bonds, securities, and mutual funds; and
- Income tax refunds.
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Non-Liquid Assets (Equity Value) 1.4.2
| ALL |
The following are examples of non-liquid assets:
- Real property (land and building), mortgages, land contracts, life estates, and life leases
- Licensed and unlicensed boats, aircraft, campers and trailers
- Tools and machinery for education, training, or employment of the household
Exclude non-liquid assets against which a lien has been placed as a result of taking out a business loan and the household is prohibited by the security or lien agreement with the lien holder/creditor from selling the assets.
For all moveable assets, such as boats, aircraft, and campers, and for real property, the lien, if it exists, must be filed with the appropriate agency (i.e. Department of Motor Vehicles (DMV) or Recorder of Deeds) in order for the lien amount to be subtracted from the fair market value.
Land contracts and mortgages are excluded. This exclusion applies to installment contracts for the sale of land or buildings and to the value of property sold under installment contract or held as security in exchange for a purchase price consistent with the fair market value of that property.
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| ALL |
Exclude all funds in a pre-paid burial account, burial plan, or burial trust. Exclude all other funds clearly designated for burial expenses, including funeral agreements, burial contracts, burial trusts, or other burial arrangements. In addition, financial accounts (checking, savings, or other types of accounts), and the cash surrender value of life insurance may also be excluded if set aside for burial expenses. To be excluded, burial funds cannot be commingled with any assets except excluded burial space assets. If a savings account is designated for burial funds, all subsequent deposits must also be designated for burial funds.
If excluded burial funds are used for purposes other than the burial of the person for whom the funds were set aside, the amount not used becomes unearned income.
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