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Chapter: 1600 Assets Program: TCA 26 1620.0541.02 Exclusion Period (TCA) The period of exclusion is nine months, or until the property is sold, whichever is sooner.
Any proceeds from the sale remaining after repayment of excess TCA benefits are included as assets.
The individual’s case must be closed if the excluded property is not sold during the nine month period or the individual becomes ineligible for any other reason during the exclusion period. The effective date of the case closing is the month after the end of the exclusion period. 1620.0541.03 Verification (TCA) Sources of verification of the good faith effort to sell include documents such as a written statement from a real estate dealer, clippings of advertisements less than 30 days old, or copies of conditional sales contracts. 1620.0541.04 Property is Sold (TCA) Overpayment does not occur if the property is sold, and the net profit plus the value of other SFU assets at the beginning of the exclusion period are under the asset limit. When the sale of the property is reported, the eligibility specialist must reevaluate the individual’s assets by the next change deadline. If the sale did not affect eligibility, no overpayment is considered to have occurred.
If the individual’s assets exceed allowable limits after the sale, the case must be canceled effective the first possible payment month. A notice of the cancellation must be sent to the individual allowing 10 days advance notice.
Any TCA benefits received that would not have been received had disposal occurred at the beginning of the exclusion period must be considered overpayment and recouped.
If the individual remains eligible on the factor of assets after the property is sold, the eligibility specialist must make a complete review of ongoing eligibility. 1620.0542 Home Verification Requirements (TCA) The individual must provide the following information:
1. the name of property owner, 2. property included as the home, 3. the legal description of home property, and 4. affirmation that home is currently occupied or the reason why it is not occupied.
Sources of information include documents such as tax statements, county property records, fire department records, and police records.
If there is any indication that a portion of the individual’s property is not physically located in the home plot, the individual must provide evidence of the property’s ownership status and that the property is part of the home property. This information is included in the record.
Sources of the evidence can include items such as a copy of the tax assessment, bill, title, deed, or other relevant documents the individual has in his possession.
If the individual cannot provide this evidence or the evidence is insufficient, contact the local source of property tax information regarding the property boundaries and record the information for the record.