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Chapter: 1600 Assets Program: TCA 19 1620.0308 General Availability (TCA) Once the individual's ownership interest of an asset(s) is established, the availability of that asset must be determined. Asset(s) determined not to be available are not considered in determining eligibility on the factor of assets.

Assets are considered available to an individual when the individual has unrestricted access to the asset.

Accessibility depends on the legal structure of the account or property. An asset is countable if the asset is available to a representative possessing the legal ability to make the asset available for the individual's support and maintenance, even though the individual may not choose to do so.

Assets not available due to legal restrictions or factors beyond an individual's control are not considered in determining total available assets. The only exception to this rule occurs when the legal restrictions were caused or requested by the individual. 1620.0309 Availability of Trusts (TCA) Any funds in a trust or funds transferred to a trust, and the income produced by such trust(s), may be excluded if the trust is irrevocable. Trust funds are considered to be irrevocable when the family does not have the legal ability to convert the funds to cash, which can be used for the family’s support and maintenance. Savings in excess of the asset limit can be preserved while a family receives TCA if the savings are placed in an irrevocable trust.

Each trust account must be evaluated to determine the accessibility. The source of funds is not controlling in the availability determination.

Refer to passages 1620.0575.01 and 1620.0575.03 for information regarding necessary steps in determining the availability of trusts. 1620.0316 Legal Restrictions to Availability (TCA) In general, assets are considered available unless the applicant/recipient asserts otherwise. If the individual claims an asset is unavailable due to legal restrictions, the eligibility specialist will request supporting evidence and make an independent assessment of the availability based on the evidence presented. An individual may be restricted by law from disposing of owned assets. If an asset is unavailable due to legal restrictions, it is not considered an includable asset. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel or Headquarters through the Region or Circuit Program Office.

Refer to passages 1620.0575.01-1620.0575.03 for specific information on determining availability of trusts for TCA. 1620.0321 Assets Unavailable - Circumstances Beyond Control (TCA) Assets unavailable due to circumstances beyond the individual's control are not considered in the determination of eligibility.

The individual must present convincing evidence to prove the asset is unavailable to him due to circumstances beyond his control. The eligibility specialist will make an independent assessment of the availability based on the evidence presented. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel, or Headquarters through the Region or Circuit Program Office.