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UPDATED: JUNE 2010
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OTHER ELIGIBILITY REQUIREMENTS
OWNERSHIP AND AVAILABILITY
examples of entitlement benefits. The local district has a responsibility to assist the A/R, as needed, in obtaining such entitlement benefits.
Garnisheed income is generally considered available and is included when determining the A/R's gross income. Local districts may assist the A/R in attempting to have a garnishment removed.
When a legally responsible relative, not living in the A/R's household, is determined able to support an A/R, the contribution is not budgeted until and unless it is actually received.
When an A/R is living with a person to whom s/he is not married, the ability and willingness of the person to support the A/R is evaluated. If the A/R is actually receiving income from this person, that income is considered.
When an A/R has a guardian, trustee, representative payee or other person/institution responsible for managing his/her funds, the local district considers the funds available for the A/R’s care. If the A/R has a guardian or other fiduciary who is not meeting his/her obligations, it may be appropriate for the local district to take legal action to compel him/her to utilize funds for the A/R’s medical care and services, to have him/her replaced, or to seek a money judgment against the fiduciary or an order of contempt.
Currently unavailable income from any source is reviewed to determine the likelihood of its affecting the continued eligibility of a recipient. For example, if the recipient is expected to receive income in six months, the situation is reviewed after six months.
Ownership:
In order to determine whether or not resources are available to the SSI-related A/R, it is necessary to determine who owns the resource.
When the SSI-related A/R and one or more persons jointly own a resource (financial institution accounts, real estate, stocks, bonds, etc.) the general rule is that such property is considered available to the A/R to the extent of his or her interest in the property. In the
(MRG)