5101:4-4-07. Food assistance: special resource situations

(A) How are jointly owned resources counted?

(1) Resources owned jointly by separate assistance groups shall be considered available in their entirety to each assistance group, unless the assistance group can demonstrate that the resources are inaccessible to the applicant assistance group. When the assistance group can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the assistance group's resource level. The resource shall be considered totally inaccessible to the assistance group when the resources cannot be practically subdivided and the assistance group's access to the value of the resource is dependent on the agreement of the joint owner who refuses to comply.

(2) For purposes of this provision, ineligible aliens or disqualified individuals residing with the assistance group shall be considered assistance group members; non assistance group members shall be considered separate from other assistance group members.

(3) Resources shall be considered inaccessible to persons residing in shelters for battered persons and children when the resources are jointly owned by such persons and by members of their former assistance group and the shelter resident's access to the value of the resources is dependent on the agreement of a joint owner who still resides in the former assistance group.

(B) How are nonrecurring lump-sum payments treated?

(1) A nonrecurring lump-sum payment, money received at one time that is not expected to reoccur, or payments which are not related to any time period such as death benefits or inheritance, shall be counted as resources in the month received, unless specifically excluded from consideration as a resource by other federal laws.

(2) Upon obtaining information that an assistance group has received a nonrecurring lump-sum payment, the county agency shall review the case file in order to determine when the amount received in addition to the amount of resources listed on the application will exceed the resource limit for the particular assistance group. When the amount does not exceed the limitation, the case file is noted to document the information received. No further action is required unless the assistance group must be notified in accordance with the procedures for a reported change. When the total amount exceeds the allowable resource limitation, the assistance group must be notified and given an opportunity to update its entire resource statement. When it declines to do so or the amount of resources still exceeds the limit, the county agency shall take action to terminate the assistance group's supplemental nutrition assistance program benefits.

Effective: 9/1/2018
Five Year Review (FYR) Dates: 4/27/2018 and 09/01/2023
Promulgated Under: 111.15
Statutory Authority: 5101.54
Rule Amplifies: 329.04, 329.042, 5101.54
Prior Effective Dates: 6/2/80, 4/1/81, 2/12/82, 7/1/82, 9/27/82, 6/1/83, 2/1/84
(Temp.), 3/2/84, 8/16/85 (Emer.), 11/1/85 (Emer.), 1/1/86, 10/1/88 (Emer.), 11/18/88, 1/5/90 (Emer.), 3/22/90, 2/17/91, 5/1/91 (Emer.), 6/1/91, 12/1/91, 7/1/92, 9/1/94, 10/1/95 (Emer.), 12/15/95, 2/1/96 (Emer.) 3/14/96, 7/1/96, 10/1/96 (Emer.), 12/5/96, 4/1/97 (Emer.), 6/6/97, 9/28/98, 3/1/01 (Emer.), 5/31/01, 10/11/02 (Emer.), 12/26/02, 6/1/03 (Emer.), 6/16/03, 6/12/08, 9/1/13