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West Virginia Income Maintenance Manual Chapter 4

West Virginia Income Maintenance Manual Page 134 Chapter 4 Income

4.5.4.H.3 Shortening the Period of Ineligibility The lump-sum payment is treated as described above, even if it is spent in a shorter time period, unless the period of ineligibility can be shortened as found below. ➢ Reasons When all or part of the lump-sum payment becomes unavailable to the AG, due to circumstances beyond its control, as specified below, the period of ineligibility is shortened. This may be done at any point between the time the lump-sum payment is received, and the period of ineligibility expires. Once the period of ineligibility expires, no consideration is given to shortening the time period retroactively. The lump-sum amount is considered unavailable only in the following situations: • The lump-sum payment was, totally or in part, destroyed by fire, flood, or other natural disaster. This refers to destruction of the money itself, not the goods purchased with it or destruction of replaceable checks or bonds. • The lump-sum payment was, totally or in part, stolen from the AG. This refers to the money itself, not the theft of goods purchased with it or the theft of replaceable checks or bonds. • A member of the AG, or an individual who would otherwise be required to be included, gained access to all or part of the lump-sum payment, abandoned the remaining AG members and left them without access to the funds. The loss of all or part of the lump sum in this way refers to the loss of the money itself or checks, bonds, etc., when payment cannot be stopped, not the taking of goods purchased with it. Moving to another place of residence, with the family relationship still intact, is not sufficient to justify shortening the period of ineligibility. When the AG member or other individual who left with all or part of the lump sum returns to the home, the period of ineligibility resumes the month he returns and continues until the month the original period of ineligibility was due to expire. • The lump-sum payment has been or will be expended, totally or in part, to address a life- threatening situation. To meet this criterion for shortening the period of ineligibility, it must be shown that the funds in question were used or will be used to avert a life-and-death situation for an AG member or a situation that is seriously detrimental to the health of an AG member. For cases involving life-threatening situations, the DFA Policy Unit must be contacted in writing. The memorandum must fully explain the situation and include how the money was