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West Virginia Income Maintenance Manual Chapter 5

West Virginia Income Maintenance Manual Page 79 Chapter 5 Assets

5.6.3.B.4 Joint Ownership by Others When all of the following conditions apply, jointly owned assets are counted in their entirety for each owner. • Joint ownership is indicated by use of the word “OR.” See Section 5.3.4. • The joint owners are not spouses. • One of the joint owners is not an SSI recipient. • The joint owners are not SSI Medicaid, M-WIN, CDCSP, PAC, QDWI, QMB, SLIMB, or QI-1 clients. • The client has not successfully rebutted the presumption of full ownership. 5.6.3.B.5 Rebuttal When Client Denies Ownership of Assets When the client has unrestricted access to assets, his ownership is presumed even though he does not consider himself an owner. He must be allowed to rebut the Department's presumption of ownership. 5.6.3.B.6 Evidence Necessary for Rebuttal The client must provide the following evidence to rebut the presumption of ownership: • A statement written by the client giving his explanation of ownership of the asset and the reason the asset is not accessible to him. In addition, when the asset is a bank account or certificate of deposit, the Worker must document who made deposits to and withdrawals from the account and who benefited from the funds. • Corroborating statements from the other owners. However, if the joint owner is incompetent or a minor, it is not necessary to obtain a corroborating statement. • Proof of change in the asset ownership designation that removes the client's name as an owner or restricts his access to the asset.

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Page 805

Official source

West Virginia Income Maintenance Manual Chapter 5

West Virginia Income Maintenance Manual Page 79 Chapter 5 Assets

5.6.3.B.4 Joint Ownership by Others When all of the following conditions apply, jointly owned assets are counted in their entirety for each owner. • Joint ownership is indicated by use of the word “OR.” See Section 5.3.4. • The joint owners are not spouses. • One of the joint owners is not an SSI recipient. • The joint owners are not SSI Medicaid, M-WIN, CDCSP, PAC, QDWI, QMB, SLIMB, or QI-1 clients. • The client has not successfully rebutted the presumption of full ownership. 5.6.3.B.5 Rebuttal When Client Denies Ownership of Assets When the client has unrestricted access to assets, his ownership is presumed even though he does not consider himself an owner. He must be allowed to rebut the Department's presumption of ownership. 5.6.3.B.6 Evidence Necessary for Rebuttal The client must provide the following evidence to rebut the presumption of ownership: • A statement written by the client giving his explanation of ownership of the asset and the reason the asset is not accessible to him. In addition, when the asset is a bank account or certificate of deposit, the Worker must document who made deposits to and withdrawals from the account and who benefited from the funds. • Corroborating statements from the other owners. However, if the joint owner is incompetent or a minor, it is not necessary to obtain a corroborating statement. • Proof of change in the asset ownership designation that removes the client's name as an owner or restricts his access to the asset.