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UPDATED: JUNE 2010

502

OTHER ELIGIBILITY REQUIREMENTS

OWNERSHIP AND AVAILABILITY

Generally, no grant or loan to an undergraduate student for educational purposes is considered an available resource. There are some variations on this policy according to the category of the A/R. (See INCOME LIF DISREGARDS, ADC-RELATED DISREGARDS, SSI-RELATED DISREGARDS and S/CC DISREGARDS)

When an SSI-related A/R has a guardian, trustee, representative payee or other person/institution responsible for managing his/her funds, the local district reviews the terms of the trust or other agreements/documents to assure that the SSI-related A/R’s resources are actually available for his/her care. If a trust was created from the A/R’s funds, and, if the trustee has any discretion to expend any of the trust income for the benefit of the A/R, then all of the trust principal which could be expended in any way to benefit the A/R is considered available. In instances where the client has a formal fiduciary and the fiduciary is uncooperative, the local district commences a recovery proceeding under SSL 104.

If an A/R is alleged to be incapable of managing his/her own finances and there is no one with the legal authority to make decisions concerning the A/R’s income/resources, the A/R’s income and resources, as appropriate, are considered unavailable from the time a petition to appoint a guardian is filed until the court appoints a guardian. The income and resources, as appropriate, are considered unavailable to the A/R prospectively and for a retroactive period of three months.

Where there is a question of availability, the local social services district documents why the resource is not considered available and any actions taken to secure the resource for the SSI-related A/R.

If an SSI-related A/R jointly owns a home, but s/he is out of the home due to an informal separation and the spouse in the home refuses to sell, the A/R’s share is an unavailable resource.

Verify Status: (a) When the A/R indicates that s/he has a joint financial institution account;