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18 TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE Applicants/recipients may request a hardship waiver. See DSSM 20400.12.1 for definition of hardship. 10 DE Reg. 1700 (05/01/07) 20330 Countable Resources Computation 20330.1 Automobiles For the purpose of Medicaid, automobile is defined as any registered or unregistered vehicle used for transportation. One vehicle may be excluded under Section 20310.5. Only one vehicle may be excluded per married couple/household. If one vehicle cannot be excluded under Section 20310.5, or there is more than one vehicle, the equity value is a non- liquid resource if it: Is owned by an eligible individual/spouse; or Cannot be excluded under another provision (e.g. property essential to self support - DSSM 20320.5; co-owner refuses to sell) or conditional benefits do not apply (DSSM 20360). The equity value is the price it can reasonably sell for on the open market in Delaware minus any encumbrances. 11 DE Reg. 1479 (05/01/08) 20330.2 Financial Institutions Accounts Financial institution accounts which include savings accounts, checking accounts, certificates of deposit, etc., are an individual's resource if the individual owns the account and can use the funds for his or her support and maintenance. We determine whether an individual owns the account and can access the funds by looking at how the account is titled. An exception to this policy would be for Achieving a Better Life Experience (ABLE) Savings Accounts. These accounts are not included in the countable resources computation. Please review 20330.2.1 for policy applicable to ABLE Savings Accounts. If an individual is designated as sole owner by the account title, all of the funds are that individual's resource unless legal restrictions preclude the owner from using the funds for his or her support and maintenance. We do not provide an opportunity for the owner of an individually-held account to rebut the presumption of 100% ownership. If the account is in the name of a Medicaid applicant/recipient and another Medicaid applicant/recipient, assume all account funds belong to each individual in equal shares. If the account is in the name of a Medicaid applicant/recipient and another individual who is not applying for Medicaid or who is not a Medicaid recipient, then assume all of the funds belong to the Medicaid applicant/recipient. If the applicant or recipient disagrees with the ownership presumption on jointly-held accounts, we give the individual the opportunity to rebut the presumption. Rebuttal is a procedure which permits an individual to furnish evidence and establish that some or all of the funds in a jointly-held account do not belong to him or her. Obtain the individual's statement on a form containing the penalty clause regarding who owns the funds, why there is a joint account, who has made deposits to and withdrawals from the account, and how withdrawals have been spent. Inform the individual that he or she must submit the following evidence within 30 days: A corroborating statement from the other account holder(s). If the other account holder is incompetent or a minor, have the individual submit a corroborating statement from anyone aware of the circumstances surrounding establishment of the account; account records showing deposits, withdrawals and interest paid for the months that ownership is an issue; if the individual owns none of the funds, evidence showing that he or she can no longer withdraw funds from the account; if the individual owns only a portion of the funds, evidence showing removal from the account of the individual's funds or removal of the funds owned by the other account holder(s) and redesignation of the account. Any funds that the evidence establishes were owned by the other account holder(s) are not and were not the individual's resources. The effect of a successful rebuttal is retroactive as well as prospective. 20 DE Reg. 283 (10/01/16) 20330.2.1 Delaware Achieving a Better Life Experience (ABLE) Savings Accounts Stephen Beck, Jr., Achieving a Better Life Experience (ABLE) Act of 2014, Pub. L. 113-295, 128 Stat. 4010 The Stephen Beck, Jr., Achieving a Better Life Experience Act (ABLE Act) of 2014 established a tax-advantaged account that can be used to save funds for the disability-related expenses of the account’s designated beneficiary. The designated beneficiary must be blind or disabled by a condition that began prior to the individual’s twenty-sixth (26th) birthday. Eligible individuals can be the designated beneficiary of only one ABLE account. The Delaware Achieving a Better Life Experience (ABLE) Program is administered by the Plans Management Board as per 16 Delaware Code Ch. 96A. Funds in qualifying ABLE accounts, and qualified disability expenses withdrawn from these accounts, are not to be counted towards the determination of eligibility for state or local assistance programs.