16 Del. Admin. Code § 9000-9051

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9000-9051 - Licensed Vehicles

[273.8(g)]

Include as financial resources any boats, snowmobiles, and airplanes used for recreational purposes, any vacation homes, any mobile homes used primarily for vacation purposes, and any licensed vehicle (other than one used to produce income) to the extent that the fair market value of any such vehicle exceeds the fair market value limit. (Refer to current October Cost-Of-Living Adjustment Administrative Notice for the fair market value limit.)

Determine the fair market value of licensed automobiles, trucks, and vans by the value of those vehicles as listed in the NADA "blue" books published within the last six months.

Assign the average trade-in value. Do not increase the basic value of a vehicle by adding the value of low mileage or other factors such as optional equipment. However, vehicles with excessive high mileage can have the value of the vehicle decreased by using the High Mileage Tables in the front of the NADA books. A household may indicate that for some reason, such as body damage or inoperability, a vehicle is in less than average condition. Any household which claims that the blue book value does not apply to its vehicle must be given the opportunity to acquire verification of the true value from a reliable source. Also, households are to be asked to acquire verification of the value of licensed antique, custom made, or classic vehicles, if the Division is unable to make an accurate appraisal. Do not increase the value of any vehicle if it is equipped with apparatus for the handicapped. Instead, assign a blue book value as if the vehicle were not so equipped. If a vehicle is no longer listed in a blue book, the household's estimate of the value of the vehicle will be accepted unless the Division has reason to believe that the estimate is incorrect. In that case and if it appears that the vehicle's value will affect eligibility, the household must obtain a appraisal or produce other evidence of its value such as a newspaper advertisement which indicated the amount for which like vehicles are being sold.

If a new vehicle is not yet listed in the blue book, determine the wholesale value through some other means (e.g., contacting a car dealer which sells that make of car).

The entire value of any licensed vehicle will be excluded if the vehicle is:

1. Used primarily (over 50 percent of the time the vehicle is used) for income producing purposes such as, but not limited to a taxi, truck, or fishing boat. Licensed vehicles which have been previously used by a self-employed household member engaged in farming, but are no longer used over 50 percent of the time in farming because the household member has terminated their self-employment from farming continue to be excluded as a resource for one year from the date the household member terminated their self-employment from farming;

2. Annually producing income consistent with its fair market value, even if used only on a seasonal basis;

3. Necessary for long distance travel, other than daily commuting, that is essential to the employment of a household member (or ineligible alien or disqualified person whose resources are being considered available to the household);

Examples would be a vehicle of a traveling salesperson or of a migrant farmworker following the workstream;

4. Used as the household's home and therefore excluded under DSSM 9049;

5. Necessary to transport a physically disabled household member (or ineligible alien or disqualified person whose resources are being considered available to the household) regardless of the purpose of such transportation (limited to one vehicle per physically disabled household member). The vehicle does not need to have special equipment or be used primarily by or for the transportation of the physically disabled household member to be excluded.

6. Used to carry fuel for heating or water for home use when such transported fuel or water is anticipated to be the primary source of fuel or water for the household. Do not require any further tests concerning the nature, capabilities, or other uses of the vehicle.

7. The value of the vehicle is inaccessible because its sale would produce an estimated return of $1,500 or less according to DSSM 9048.

The exclusions #1 through #3 will apply when the vehicle is not in use because of temporary unemployment, such as when a taxi driver is ill and cannot work, or when a fishing boat is frozen in and cannot be used.

Additionally, the value of property, real or personal, is excludable to the extent that it is directly related to the maintenance or use of a vehicle excluded under items (1), (2), or (6) above. Only that portion of real property determined necessary for maintenance or use is excludable under this provision. For example, a household which owns a produce truck to earn its livelihood may be prohibited from parking the truck in a residential area. The household may own a 100-acre field and use a quarter-acre of the field to park and/or service the truck. Only the value of the quarter-acre would be excludable under this provision, not the entire 100- acre field.

Determining the value of non-excluded vehicles:

Evaluate the fair market value to each licensed vehicle not excluded under 1-7 above;

Count in full, regardless of any amounts owed on the vehicle, the portion of the fair market value that exceeds $4,650.

Evaluate such licensed, and all unlicensed vehicles, for their equity value which is the fair market value minus any amount owed; and

Count as a resource only the greater of the two amounts if the vehicle has a countable fair market value of more than $4,650 and also has a countable equity value.

Only the following vehicles are exempt from the equity value test above:

1. Vehicles excluded under items 1-7 above;

2. One licensed vehicle per household, regardless of the use of the vehicle; and

3. Any other vehicle a household member under age 18 (or ineligible alien or disqualified household member under age 18 whose resources are being considered available to the household) drives to commute to and from employment, or to and from training or education which is preparatory to employment, or to seek employment. This equity exclusion applies during temporary periods of unemployment to a vehicle which a household member under age 18 customarily drives to commute to and from employment.

If an individual is denied benefits because of the motor vehicle license requirement, he or she must be notified that they may produce verification that their motor vehicle is not licensed from the Division of Motor Vehicles in order to determine the equity value of the unlicensed vehicle.

16 Del. Admin. Code § 9000-9051