Page 60

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 49 25.3.4.1. Rebuttal Verification In addition, inform the individual that he/she must submit the following evidence within 10 days: • A corroborating statement from each other account holder (if the only other account holder is incompetent or a minor, have the individual submit a corroborating statement from anyone aware of the circumstances surrounding establishment of the account); • Account records showing deposits, withdrawals and interest in the months for which ownership is at issue; • If the individual owns none of the funds, evidence showing that he/ she can no longer withdraw funds from the account; • If the individual owns only a portion of the funds, evidence showing removal from the account of such funds, or removal of the funds owned by the other account holder(s), and redesignation of the account. 25.3.4.2. Rebuttal Results Any funds that the evidence establishes were owned by the other account holder(s), and that the individual can no longer withdraw from the account, were not and are not the individual's resources. That is, rebuttal is both retrospective and prospective. 25.4. Right to Use for Support and Maintenance If the individual cannot withdraw and use the funds in an account for his/her own support and maintenance, the account is not a resource. 25.4.1. Examples of Evidence to the Contrary • Right to Withdraw Funds Restricted to a Specified Account Holder An account is titled, “In trust for John Jones and Mary Smith, subject to sole order of John Jones, balance at death of either to belong to survivor.” Since John alone has unrestricted access, none of the funds in the account could be considered Mary's resources