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TANF POLICY MANUAL

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R. Radiation Exposure Compensation Act 6.10 Types of Inaccessible Resources Resources that are inaccessible to the BG are not counted toward the resource limit. If the resource becomes accessible to the BG member, it is then counted. The following resources may be excluded as inaccessible: A. Security Deposits being held on rental property or by utilities. B. Resources in Litigation 1. Property in probate or awaiting probate (include property of individuals who die without a will/intestate). CAUTION: Licensed vehicles that the BG is prevented from selling due to a court injunction or probate may be excluded from countable resources during the period of time that the BG is legally prevented from selling the vehicle. 2. Property in Chapter 13 bankruptcy is inaccessible unless exempted from bankruptcy proceedings by the Bankruptcy Court and the Trustee in Bankruptcy.

C. Equitable Trust Property in Equitable or Existing Trust is where a BG member holds the title of property but a non-BG member pays the purchase price, including monthly payments, and is responsible for the general upkeep of the property. The titleholder must prove that such arrangement exists and that he/she does not possess ownership of the property. This principle applies to both liquid and non-liquid resources.

D. Resource used as Collateral Any non-liquid resource, such as land, crops, buildings, farm equipment or machinery, which is used for collateral to secure a business loan if the loan agreement stipulates that the BG is prohibited from selling the resource until such time the loan is paid in full.

E. Unknown Resource A resource, which is unknown to the BG, is considered inaccessible for the period the BG can prove that no BG member was aware of its existence. Once the BG discovers the resource, it must be counted.

F. Irrevocable Trusts Irrevocable trusts are inaccessible resources. Count any money paid to the BG from an irrevocable trust as income in the month received.

G. Jointly Owned Bank Accounts Jointly owned bank accounts are considered available to each owner unless inaccessibility can be proved. To determine ownership, the ES Worker should request information from the A/R and the financial institution, which includes:

1. Name(s) of owner(s) of the account