Section 1240-01-04-.09 - SPECIAL RESOURCE SITUATIONS - FOOD STAMPS/AFDC(1) Jointly Owned Resources.(a) Resources owned jointly with any other person(s) outside the HH/AG shall be considered available in their entirety to that person(s) and to the HH/AG, unless it can be demonstrated that the resources are inaccessible to the HH/AG. If the HH/AG can demonstrate that it has access to only a portion of the resource shall be counted toward the HH/AG resource level. The resource shall be considered inaccessible to the HH/AG if the resources cannot be practically subdivided and access to the value of the resource is dependent on the agreement of the joint owner who refuses to comply. Resources owned jointly with any other person(s) outside of the HH/AG shall be considered totally inaccessible to the HH/AG if the resource cannot practically be subdivided and the HH/AG's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply. For Food Stamp purposes ineligible aliens or disqualified individuals residing with the household shall be considered house hold members.
1. Exception: Food Stamps. Resources shall be considered inaccessible to persons residing in shelters for battered women as defined in 1240-01-08 -(74), if the resources are jointly owned by such persons and by members of their former household; and the shelter resident's access to the value of the resource is dependent on the agreement of a joint owner who still resides in the former household.(b) Real property that the HH/AG cannot sell because it only has a life estate, use rights, lifetime occupancy, or dower rights shall also be considered inaccessible to the HH/AG.(2) Resources of Legally Responsible Relatives - AFDC Only.(a) The availability of a resource often depends on the individual's legal right to share property which may be in the possession of another person. Therefore, the following regulations apply to the treatment of resources of legally responsible relatives of an A/R who live in the home with him/her. 1. Resources of a Spouse (i) Real and personal property belonging to the spouse of an applicant or recipient is to receive the same consideration as if owned by the applicant or recipient, except real and personal property belonging exclusively to an SSI beneficiary is disregarded in determining the eligibility of his/her spouse to receive AFDC. If property is jointly owned, that portion of the property which belongs to the SSI beneficiary is disregarded. If the proportionate share cannot be determined, then the property is considered available in its entirety to each owner.(ii) In stepparent situations, real and personal property belonging to a stepparent is considered available to his/her spouse but the value of the property cannot be considered available to the aid group unless the spouse or stepparent is included in the aid group.2. Minor Recipients (i) When a minor in the aid group lives with his/her parents: (I) The resources of the parent are considered available to the child. The resources belonging exclusively to an SSI beneficiary are disregarded in determining eligibility for his/her children. If resources are jointly owned, that portion of the resources which belongs to the SSI beneficiary is disregarded. If the proportionate share cannot be determined, the property is considered available in its entirety to each owner.(II) The resources of a child are not considered available to his/her parents or siblings unless the child is included in the aid group. However, if the child's resource exceeds the maximum allowance for one person, he/she cannot be included in the aid group unless it is established that the resource is not or cannot be made available to meet the child's maintenance needs. (ii) When the A/R is a minor living with a relative other than the parent, the resources of the relative are not considered available to the A/R or the A/R's child.3. Other Relatives. The resources of relatives other than a parent are not considered available to the child(ren) in the aid group unless the relative is included in the aid group. If resources of a relative exceed defined limits, neither the grantee relative nor the grantee relative's spouse may be included in the aid group.Tenn. Comp. R. & Regs. 1240-01-04-.09
Original rule filed August 15, 1980; effective September 19, 1980. Repeal and new rule filed December 10, 1981; effective January 25, 1982. Amendment filed April 2, 1982; effective May 17, 1982. Amendment filed August 17, 1982; effective September 16, 1982Authority: T.C.A. § 14-8-106; PL 97-35.