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Part VI

CHAPTER 1 - DETERMINING COUNTABLE ASSETS

INTRODUCTION 1.1

The TANF and GC programs place a limit on the level of assets a group can own (and have access to) and still be eligible for assistance. The FS program places a similar asset limit on all assistance groups except those which are categorically eligible (i.e., all household members receive TANF and/or SSI or the household has received a prescribed TANF-funded service (see Chapter 12: Categorical Eligibility Part IV). The rules for which assets are countable toward the asset limit, how to value assets and the overall level of countable assets allowed are almost always the same for TANF, GC, and FS. The asset rules are governed by federal FS regulations which outline how assets are to be treated. If a customer reports assets that are not defined in the IMA Policy manual, contact the IMA Policy Office for guidance. Please note that some publications use the terms "asset" and "resource" interchangeably.

To be eligible for MA under some eligibility categories, groups must have countable assets below a specified level. Some categories do not, however, impose an asset test. Specifically, children and pregnant women who meet the non-financial and income-eligibility criteria under 'Poverty Level Families and Children' within the AR program type and children, parents, and caretaker relatives eligible under the AX program type do not have to meet an asset test (see Section 2.2.2: ACEDS MA Program Types in Part I). Also, groups which are categorically eligible do not have to meet an asset test (see Chapter 12: Categorical Eligibility in Part IV).

This chapter relates only to the treatment of assets for programs or eligibility groups within programs that impose an asset test on applicants and recipients. Thus, in this chapter when the term 'ALL' is used to indicate the programs to which a particular policy apply, the term only includes those programs and eligibility categories within programs that apply an asset test. Similarly, in this chapter the term 'MA' only includes the DC Healthcare Alliance and those Medicaid eligibility categories that impose an asset test. For clarity, when MA is broken into subgroups in this chapter, a notation will be made to indicate that the asset-related discussion does not apply to certain categories.

LEGAL AUTHORITY 1.2 AREA/TOPIC DISTRICT FEDERAL Countable Assets TANF: 3-205.10-.11; 3-205.15; 3- 217.5 GC: See TANF and D.C. Code 3-205.5a MA: 42 USC 1396 a(l), 1396 u-1; 42 CFR 435.601, 435.840-845

FS: 7 USC 2014(g), 2014(j); 7 CFR 273.8

GENERAL PRINCIPLES 1.3 ALL The value of all assets that are available and not explicitly excluded are counted. Assets are available if an applicant/recipient has both legal authority and actual ability to use the assets for self-support. When an asset is owned, in whole or in part, presume the asset is wholly available unless the applicant/recipient proves it is not available. An applicant/recipient may prove unavailability by verifying a legal or other actual barrier to disposal of the asset that cannot reasonably be overcome. Certain overall principles apply when considering a client's assets: • An asset will not be considered available for purposes of charging an overpayment if all members of the group were unaware of the asset and had no reason to be aware of it (see Chapter 6: Overpayment and Underpayment in Part VIII). An asset can be excluded from the