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FOOD AND NUTRITION SERVICES CERTIFICATION INCOME AND RESOURCES FNS 390 RESOURCES

22 Section 390 Change #02-2024 October 1, 2024 written statement from the serviceperson to this effect, a statement from the involved financial institution, or other means attesting to the fact. B. If the household can demonstrate that it has access to only a portion of the resource, the value of that portion will be counted toward the household’s resource level. C. If a legally binding agreement specifying division exists, divide the resource according to the terms of the agreement. D. Jointly owned bank accounts in North Carolina are accessible by all joint owners in their entirety unless there is a trust (including a resulting trust, see 390.18 Resulting Trust) or legal agreement indicating otherwise. These accounts are not excluded. This also applies to accounts jointly owned with a spouse. (Refer to A. for bank accounts of serviceperson’s who are deployed overseas.) Example: Mary has been separated and living apart from her spouse for 2 years. Mary has a joint savings account with her spouse, who already receives FNS benefits. Mary is applying for FNS benefits for herself. The savings account has $55,000 in it as of time of interview. Because jointly owned bank accounts in NC are accessible to all joint owners in their entirety unless a trust exist, Mary has total resources of $55,000. In addition, Mary’s spouse has total resources of $55,000. E. Divide the equity value of the property by the number of owners to determine the FNS unit’s share, unless inaccessibility is established. F. The resource shall be considered totally inaccessible to the household if it cannot be practically subdivided (The value realized from selling the parts would be significantly reduced from the value of selling the entire resource.), and the household’s access is dependent on the agreement of a joint owner who refuses to comply. G. Determine if the resource is available to the FNS unit and the FNS unit member can dispose of the resource or his interest in the resource without the consent of the other owner(s), including a spouse or former spouse. 1. If yes, count the resource as available to the FNS unit. 2. If no, contact the other owner(s) regarding their agreement to dispose of the resource. a. If consent is granted, count the resource as available to the FNS unit. b. Do not count if the other owner refuses to dispose of the resource.