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Page 3 of 4 § 10:70-5.2 AFDC-related cases; resources Title III of the Economic Opportunity Act, and loans made by the Farmers Home Administration under provisions in Title V of the Housing Act of 1949, as amended; or ii. Personal loans, when such loans are evidenced by a document, signed by the client and the lender, and which state the amount of the loan and terms of repayment; 8. Funds received in repayment of verified costs of collection of a pending claim when the costs were incurred during a period of receipt of AFDC-related Medicaid; 9. Burial plots (limited to one for each member of the eligible unit) and bona fide funeral agreements to the extent that the equity value of any agreement does not exceed $ 1,500 for each member of the eligible unit. i. Burial plots are conventional gravesites, crypts, mausoleums, urns or other repositories which are customarily and traditionally used for the remains of deceased persons. ii. Funeral agreements are contractual arrangements to provide for the costs connected with burial, cremation, or other funeral arrangements; and 10. Prepaid irrevocable funeral trust funds, which are funds in an irrevocable trust or other irrevocable arrangement which are available for funeral and burial expenses, held in an irrevocable funeral contract and irrevocable funeral trust, or an amount in an irrevocable trust which is specifically identified for funeral and burial expenses. (i) Members of the eligible family shall take all necessary and reasonable action to avail themselves of funds for support from others who owe or may owe money to them or who are holding funds for them. Any funds made available by such action shall be considered as income to the eligible family, except as follows: 1. The county board of social services shall not terminate eligibility when the proceeds from the sale of an exempt resource are promptly reinvested in another exempt resource of the same type. Funds designated by the client as being reserved for such reinvestment, including any interest accrued during the period, may be held for up to three months, provided the funds are held in escrow or are otherwise unavailable for daily living expenses. The three-month period may be extended upon written approval of the Division of Medical Assistance and Health Services. (j) When a trust fund exists for a member of the eligible family, the county board of social services shall determine whether or not the funds are currently accessible. 1. If accessible, the funds represent a source of funds for support and shall be considered in determining eligibility. 2. If not accessible, the following shall apply: i. When a trust fund is not currently accessible and it exists at the time of application, the client shall, as a condition of eligibility, make a bona fide presentation of a petition to the appropriate court for release of the funds for current and future support. The agency shall assist the client if necessary. ii. When a trust fund is not currently accessible and the trust fund came into being during the term of the assistance case, the agency shall present a petition to the appropriate court for release of funds for current and future support. The client shall, as a condition of continuing eligibility, provide whatever cooperation as may be necessary in the presentation of the petition. History HISTORY: Repeal and New Rule, R.2006 d.364, effective October 16, 2006.