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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 15 20320.3 Principal Place of Residence An individual's home is property in which he or she has an ownership interest and that serves as his or her principal place of residence. An individual's principal place of residence is the dwelling the individual considers his or her established or principal home and to which, if absent, he or she intends to return. A dwelling cannot be considered as an individual's principal place of residence until the individual has actually lived in it and used it as such. The principal place of residence includes the plot of land on which the home is located and any land that adjoins it. The land adjoins the home if it is not completely separated by land in which the individual has no ownership interest. Easements and public rights of way (utility lines, roads, etc.) do not separate the other land from the home. The home includes all related buildings on the adjoining land. 20320.4 Principal Place of Residence Exclusions 20320.4.1 Intent to Return 20320.4.1.1 Sale of House or Mental Condition Change 20320.4.1.2 Purchase of House After Nursing Facility Admission 20320.4.1.3 Use of Residence by Relative 20320.4.1 Intent to Return The applicant must be able to express the desire to return to their principal place of residence located in Delaware. The record must include a written statement of intent to return to the home. The case record must indicate if the applicant gives intent verbally to DMMA social worker. If someone other than applicant writes the statement, there must be an indication that this is in fact the intent of the applicant (i.e. signature or mark of applicant). If an institutionalized applicant/recipient is mentally capable of indicating that he intends to return to his principal place of residence in Delaware (even if medical evidence indicates that he will never recover sufficiently to return home), then the home may be excluded as a resource. In no case can the family declare this intent for the applicant/recipient. 15 DE Reg. 362 (09/01/11) 20320.4.1.1 Sale of House or Mental Condition Change Statements of intent to remain valid until the home is sold. If the home is sold, the proceeds then become a countable resource. If the applicant becomes incompetent after a valid statement of intent is signed, it does not invalidate the statement. The home remains excluded as long as the applicant owns it regardless of changes in mental conditions. 20320.4.1.2 Purchase of House After Nursing Facility Admission For an individual with no spouse or other dependents, the value of a home purchased after admission to a medical institution cannot be excluded with an intent to return home statement. This is because the individual has not actually lived in the home. 20320.4.1.3 Use of Residence by Relative The applicant/recipient's home is used by a spouse and/or dependent relative during the absence. Relatives are: child, stepchild, grandchild, parent, stepparent, grandparent, aunt, uncle, niece, nephew, brother, sister, stepbrother, stepsister, half brother, half sister, cousin or an in-law of any of these. The record must show contact with the spouse or dependent relative indicating that she/he continues to reside in the house, the relationships between the individuals, and the basis of dependency (financial, medical, etc.). In addition, the applicant/recipient's statement of what he considers his principal place of residence to be should be obtained and placed in the case record. 20320.5 Property Essential to Self-Support The Social Security Act provides for the exclusion from resources property that is essential to an individual's means of self- support. Property excluded under this provision generally falls into 3 categories. 20320.5.1 Property Excluded Regardless of Value or Rate or Return The following conditions need to be met to exclude the essential to self-support property regardless of value of rate or return. a. the property (including liquid resources used in the operation) is used in a trade or business b. the property requires a government permit to engage in an income producing activity (i.e. commercial fishing permit granted by the State Commerce Commission) c. the personal property is used by an individual to perform his/her work such as tools, uniforms, etc. d. the property is required by an employer for work 20320.5.2 Property Excluded Up To $6,000 Equity, Regardless Of Rate Of Return