Page 93
93
a. Uses the property as his or her principal place of residence;
b. Would have to move if the property were sold; and
c. Has other living quarters readily available.
Accept any reasonable allegation from the co-owner that there is no readily
available housing (e.g., no other affordable housing available or no other
housing with necessary physical modifications for a handicapped individual).
If undue hardship ceases to apply because the joint owner moves off the
property or dies, etc., the property may be excluded to allow reasonable
efforts to sell as outlined in V.D.
C. Burial Spaces (Plots Burial Spaces (Plots, Crypts, Vaults,
Mausoleums, Caskets and Urns)
Effective with applications on or after December 1, 2009, SA no longer excludes from countable resources the value of all burial spaces, plots, vaults, mausoleums, casket and urns in the a/b’s name. A burial space or agreement which represents the purchase of a burial space held for the burial of the a/b, his or her spouse, or any other member of his or her immediate family is an excluded resource, regardless of value.
Eligibility for SA is not affected for recipients who were eligible for SA prior to 12/1/09 and ongoing, who had all burial spaces, plots, vaults, mausoleums, casket and urns in their name prior to December 1, 2009. Continue to exclude from countable resources even those burial items purchased for someone other than an immediate family member prior to December 1, 2009. Document this in the case file.
Beginning December 1, 2009, if an ongoing recipient purchases a burial space, crypt, vault, mausoleum, casket or urn that is not designated for an immediate family member treat it as a change in situation. Count the value toward the individual resource limit of $2,000.00. If SA correctly terminates and the client later reapplies for SA the applicant will be subject to the new resources policy, counting the equity value of burial spaces, plots, vaults, mausoleums, casket and urns not purchased for members of the a/b’s immediate family.
“Immediate family” also includes the spouse of the immediate family member. If the relative's relationship to the a/b is by marriage only, the marriage must be
in effect in order for the burial space exclusion to continue to apply. For
example, a burial space held for a sister- in-law is no longer excludable if she
and the a/b’s brother divorce.
The a/b’s immediate family includes his or her:
1. Parents, including adoptive parents; SA-3200 IV.