16 Del. Admin. Code § 8000-8026
Potential resources are resources that a client has claim to, but that the client does not directly possess. Examples of potential resources include a pending claim for RSDI, UC, or insurance benefits, an inheritance that has not been through probate, or a pending property settlement that is the result of a divorce action.
The following individuals must apply for Unemployment Compensation (UC):
Individuals whose hours are reduced by their employers; or
Individuals laid off by their employers.
These individuals must cooperate with the Department of Labor to determine if they are eligible for UC. Usually, the individual must keep two (2) appointments with DOL before their UC claim is processed.
When the Division learns that a client has a potential resource, the eligibility worker will establish when the resource will become available and set a control to monitor its availability. As a condition of eligibility, it is required that applicants and recipients accept the resource when it becomes available.
When the potential resource becomes available to the client, DSS will redetermine financial eligibility and make appropriate case changes.
All potential resources and the time of their future availability must be documented in the case record.
Interest or dividends from a potential resource that is not yet available is counted as income.
Accrued vacation and/or sick leave is treated as a potential resource when an applicant or recipient requests a leave of absence from employment for a specific period of time. The eligibility worker must request verification of the availability of payment for accrued leave time and require that the client take steps to receive the payment if it is available. The income when received will be treated as earned income if it is paid as a wage. It will be treated as unearned income if it is paid as a disability benefit through an insurance company.
Any income or resource which a client actually has on hand for immediate use is an available resource. Cash on hand, checking accounts, any form of savings or bank accounts, State and Federal Income Tax Refunds, and the cash value of life insurance are examples of available resources.
NOTE: The cash value of life insurance is a resource for the person who owns the policy, not the individual for whom the insurance was purchased. For example, if Mary Smith owns an insurance policy for her daughter, Susan, that has a cash value of $500, the $500 is a resource for Mary.
If no owner is declared on an insurance policy, that policy automatically becomes the resource of the insured (e.g., the child) the month the insured/child becomes 18 years of age. If an owner (e.g., the parent/caretaker) is declared, that policy remains the resource of the owner until changed by the owner.
A family budget group is not eligible for cash assistance if its available resources exceed $1,000.
Available resources must be documented in the case record. Resources remaining in the applicant's country of origin are not considered available resources.
The entire value of a jointly held resource is attributable to the public assistance applicant or recipient, unless the applicant or recipient can verify that the resource is not accessible to him/her.
EXAMPLE: A car is registered under the names of a husband and wife. If the couple separate and one partner keeps the car, the car is not accessible to the other partner.
This does not apply to bank or other financial accounts in which two names appear on the account, but one is held in trust for another.
Resources held in the name of a client as the legal guardian, legal representative, next of kin of a minor child (other than his own or adopted child), or as holding power of attorney for another will not be considered as a resource to the client provided that the resource is so listed as to indicate that he is acting on behalf of another person.
The equity value of real and personal property owned by a family budget group cannot exceed $1,000.00. Resources excluded from the $1,000.00 resource limitation are:
NOTE: The fair market value of an automobile is determined by finding the car's trade- in value in the NADA Used Car Guide. If the client disagrees with this valuation, he/she may obtain a statement of the car's value from a automobile dealer.
The increased value of a motor vehicle specially equipped with devices for the handicapped is not counted. Farm vehicles that are used to produce income are excluded from consideration as a resource.
EXAMPLE: A client owns a car which has a fair market value of $5,000.00. The client owes $3,000.00 on it. The car's equity value is $2,000.00. Its resource value for financial assistance purposes is $500.00 ($2,000.00 - $1,500.00).
NOTE: If a funeral agreement valued in excess of $1,500.00 includes both prepaid burial expenses and a burial plot, the worker will require that the client provide an itemized statement of the estimated value of the plot and the expenses. The value of the burial plot is an excluded resource and will be considered separately from the value of the prepaid expenses.
"Emergency" means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.
"Major Disaster" means any natural catastrophe...which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance to supplement the efforts of available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.
The refund is disregarded regardless of whether the refund is a result of a refundable credit, over withholding, or both.
Federal tax refunds received during the previous 12 month period by any case member are disregarded.
14 DE Reg. 1366 (06/01/11)
Real property that is not used as a residence is excluded as a resource for a period not to exceed six months if the following conditions are met:
The amount of assistance that must be repaid after the property is sold is determined as follows:
NOTE: The exemption period runs for six calendar months. If the assistance case closes and the client reapplies during this period, the exemption will continue for the remainder of the initial six- month period.
Any individual who transfers a resource valued at more than $500 without fair market consideration is ineligible for RCA for two (2) years from the date of the transfer.
16 Del. Admin. Code § 8000-8026