A Resource Availability

Revised 04/26/2022

Policy

Resources must be reviewed to see if they are actually available to meet the customer’s needs. A resource that is unavailable is not counted when determining resource eligibility. Resources that are available to the customer are either counted or excluded based on the resource type.

Resources are considered unavailable to the customer they meet any of the following conditions:

A resource is unavailable when...	Examples
The person does not have an ownership interest in it during the budget month. NOTE     This does not apply to resources held by an agent for the customer (MA704.D).	There is a will or other legal document dividing a deceased person’s estate, but it is being contested. The heir does not have an ownership interest until the estate is settled. Property ownership is being decided or disputed in a divorce. Neither person has an ownership interest until the ownership is awarded.
The person cannot legally transfer the title to or spend the resources for his or her own support.	A member of a tribe holds title to land within the bounds of a tribal nation that may not be sold.
There is a legal barrier to the sale of property.	A co-owner, who is not part of the resource group legally blocks sale of jointly owned property.

 

When a resource is unavailable to the customer, the customer’s statement of why it is unavailable, and supporting proof is referred for legal review.

Send a Policy Clarification Request to the PCR mailbox with the information and proof the customer provided about the resource for an availability determination.

 

Definitions

Term	Definition
Have an ownership interest in a resource	Own fully or partly. Is listed on the title of real or personal property.  Has possession of or the legal right to use the resource.

 

Proof

A customer who states that a resource is not available for his or her needs must provide proof to support the statement. Proof includes, but is not limited to:

• Financial account statements;

• Request for Proof of Financial Accounts (DE-203) form or a written statement from the financial institution that has the exact language used to establish the account and a description of any legal restrictions on the customer’s access to the account.

• Vehicle titles;

• Real estate titles;

• Court documents; or

• Written statements from a co-owner who refuses to allow the resource to be sold or used for the customer’s needs

 

Legal Authority

Program	Legal Authority
ALTCS	42 USC 1382b 20 CFR 416.1201(a)(1)