In addition to the eligibility requirements dealt with during the application interview (i.e., the PRA, applicant job search, providing or applying for an SSN for all family members, and initial cooperation with the OCSE), it will be determined and documented in the case record whether the family meets the remaining TEA eligibility requirements as described in the following sections.

If it is determined, at any point, that an eligibility requirement is not met, it is not necessary to determine any other requirements. The application may be denied based on the requirement not met. Each requirement is discussed in more detail in the following sections.

A home is defined as the family setting maintained or in the process of being established, as evidenced by the assumption and continuation of responsibility for the day to day care of the child by the relative.

A child is considered to be living with a parent or other relative even though:

1. The child is under the jurisdiction of a court (receiving probation services or protective supervision).
2. Legal custody is held by an agency or other individual provided, though, the child is physically residing with the applicant.
3. The child or adult is hospitalized provided that, upon release, the child or adult will return to the home of the applicant.
4. The child or adult is otherwise temporarily absent from the home not to exceed 45 consecutive days. (See NOTE below.)

NOTE: The intent of the "temporary absence" provision above (#4) is to continue assistance to a family during short periods of time in which the adult or child may not be in the usual family setting (e.g., a child may visit the non-custodial parent for up to 45 days). It is not intended to provide assistance to an adult on behalf of a child who, on a regular basis, lives in another adult’s home the majority of the time (e.g., resides with another relative during the week to enable either the child or parent to attend school in another location).

2. Step-father, step-mother, step-brother, step-sister.
3. Spouses of any persons named in the above groups. Such relatives may be considered within the scope of this provision though the marriage is terminated by death or divorce.

The child’s age and relationship to the parent or other adult caretaker must be verified. The inability of the casehead to verify the age or relationship of one child does not affect the eligibility of other children in the family.

Acceptable documents to verify age and relationship include the following:

1. Birth Certificates/Hospital Certificates: Original birth certificates are considered the strongest proof of age. Delayed birth certificates will be accepted. A hospital certificate is also acceptable proof.

County staff have on-line access to the Arkansas Department of Health birth records file through the system terminals located in each county office. Birth information from this file may be printed and used to verify age and relationship in lieu of an actual birth certificate, Refer to the DCO User’s Manual, Appendix M, for detailed instructions on how to access the Health Department file.

If the applicant cannot provide a birth certificate or other acceptable birth verification and the birth information is not on the Health Department file, then Form DHS-47 may be used to obtain an Administrative Copy of an Arkansas birth certificate.

For verification of births out of state, the applicant is responsible for obtaining the necessary verification. If the applicant cannot obtain such verification, the agency may assist by writing the Social Service Agency in the other state to request their assistance in obtaining verification.

2. Government Records: Civil records, court records, draft records, military records, records of the Census Bureau, Social Security records, and other government records may furnish conclusive proof of age and/or relationship.
3. Organization Records: The records of public and private agencies, fraternal societies, organizations such as trade unions, or medical records which give the age or birthdate of an individual will be acceptable evidence of age.
4. School Records: School enumeration records or registration records will be acceptable proof if made at the time the child was first registered or at least one year prior to the date of the application.
5. Employment Records: The records kept by an organization or individual who has formerly employed the applicant will considered acceptable proof of age. This record must be at least five (5) years old.
6. License: The applicant may be able to provide a marriage license which will furnish conclusive proof of age.
7. Family Birth Records: Family records of births, marriages, and deaths of members are kept in a permanent register, usually a Bible. For evidence of birth dates for children, such a record may be accepted. The condition of entries should show the siblings in the sequence in which they were born. When a family record is accepted, the case record must contain a description of the birth record, the reason it was determined to be authentic and long standing, the permanent location of the record, and the date and place it was seen by the worker.
8. Record of Physician: A copy of a birth record of a physician can be accepted as verification.
9. Statement of Witness to Birth: A notarized statement of a witness (such as a doctor, nurse, midwife, or other person present at the time of birth) is acceptable. The following facts must be included:

1. Name of the child and parents.
2. Date and place of birth.
3. Relationship of the witness to the family, such as attending physician or nurse.
4. Facts showing that knowledge is primary and direct, not hearsay.

If proof of one child’s age or relationship cannot be obtained, or the client is having difficulty obtaining it, this will not affect the eligibility of any other child in the family. Assistance will be approved for the otherwise eligible children. When proof of the excluded child’s age or relationship is provided, that child will be added. See the Example below. (Note: A new application will not be required to add the child in this situation.)

EXAMPLE: Ms. Jones applied for three children. The two youngest children were born in Arkansas and Ms. Jones provided their birth certificates to verify their ages and relationship to her. However, the oldest child was born in Maine and Ms. Jones lost the copy of the birth certificate she had in a house fire. She has written to the state of Maine to get another copy but has not received anything back yet. All other factors are met so the application is approved with Ms. Jones and the two younger children included as eligible family members. As soon as the birth certificate is received for the oldest child, he will be added.

The worker will verify that the child(ren) are living with the parent or other relative.

Acceptable methods of verification include:

• Collateral Statement, Form DCO-76, completed by a friend or neighbor showing the child as a household member. (Primary type)
• Phone contact with a friend or neighbor.
• Information from current school records
• Other types of collateral contact.

The verification used will be documented or filed in the case record.

1. Was admitted to the United States less than five (5) years ago as a refugee under Section 207 of the Immigration and Nationality Act.
2. Was granted asylum under Section 208 of the Immigration and Nationality Act less than five (5) years ago.
3. Whose deportation is being withheld under Section 243(h) of the Immigration and Nationality Act and such withholding decision was made less than five (5) years ago.
4. Has been admitted for permanent residence under the Immigration and Nationality Act and has worked forty (40) qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as follows:

• An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA);
• An alien who is paroled into the United Sates under section 212(d)(5) of such Act for a period of at least 1 year; and
• An alien who is granted conditional entry pursuant to section 203(a)(7) of such Act as in effect prior to April 1, 1980.

An declaration of citizenship will be accepted unless the County Office determines that the declaration is questionable in which case verification such as birth certificates or naturalization papers will be required.

The following documents may be used to verify alien status:

1. Refugee: INS Form I-94 annotated "Admitted as a refugee pursuant to Sec. 207 of the INA"; INS form I-688B or I-766 annotated "274a.12(a)(3)"; or Form I-571. Date of entry must be less than five (5) years from the current date.
2. Asylee: Form I-94 annotated "Asylum status granted pursuant to Sec. 208 of the INA"; a grant letter from the Asylum Office of the INS; Form I-688B or I-766 annotated "274a.12(a)(5)"; or an order of an immigration judge granting asylum. (If a court order is presented, verify that the order was not overturned on appeal by sending a G-845 to INS, attaching a copy of the document.) The date asylum was granted must be less than five (5) years from the current date.
3. Deportation Withheld: An immigration judge’s order showing deportation withheld under Sec. 243(h) and date of the grant; or Forms I-688B or I-766 annotated "274a.12(a)(10). (If a court order is presented, verify that the order was not overturned on appeal by sending a G-845 to INS, attaching a copy of the document.) The date deportation was withheld must be less than five (5) years from the current date.
4. Lawfully Admitted for Permanent Residence: I-551 (Green Card); or, for recent arrivals, a temporary I-551 stamp on a foreign passport or on Form I-94.
5. Worked Forty (40) Qualifying Quarters of Coverage - SSA Query screen (WQRY) will be used to determine if an alien has 40 qualifying quarters of coverage, including credited quarters from his or her parent or spouse. Form SSA-3288, SSA Consent for Release of Information, must be signed by the person for whom quarter of coverage information is needed before making the inquiry. (If the person is deceased, no consent is needed.) Refer to the DCO User’s Manual for instructions on how to inquire to WQRY for this purpose.
6. Battered aliens:  Form I-130 filed by alien's spouse or parent of the battered child, Form 1-30 petition as a widow(er) of a U.S. citizen, an approved self-petition under Violence Against Women Act or an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.
7. Honorable Discharge: A U.S. military discharge certificate (DD Form 214) that shows character of service as "Honorable" and does not show, in the narrative reason for discharge entry, that the discharge was based on alien status, lack of U.S. citizenship, or other "alienage" reason.
8. Active Duty Member of the Armed Forces: The green service identity card (U.S. Form DD-2) or (rarely) red service identity card and copy of current orders showing active duty (not active duty for training purposes only).
9. Spouse or Dependent Child of Veteran or Active Duty: A marriage license or birth certificate verifying the individual’s relationship to the veteran or active duty military person along with the appropriate verification for honorable discharge or active duty.
10. Trafficking Victim:  A certification letter issued by the Office of Refugee Resettlement verifying that an individual has been identified as a trafficking victim pursuant to section 107(b) of the Trafficking Victims Protection Act of 2000.

The ANSWER generated Client Declaration statement is used to obtain the written declaration for the family. The TEA Case Manager enters the information in the citizenship area of the Client Profile tab for each member of the TEA Budget Unit. The individual must be give the status options listed on the Client Profile tab from which to choose to make his citizenship declaration.

The alien number, status, date of entry and country of origin must be completed on the Client Profile tab for any family member included in the assistance unit who is not a U.S. citizen. It must be verified, as described in TEA 2221, that the INS status meets the TEA eligibility criteria for an alien. The Client Declaration is printed and the case head signs the form on behalf of all adults and children included in the assistance unit.

The case head is required to sign the Client Declaration to declare citizenship status of the individual each time a new member is added to the case. If the case is closed and the client reapplies, a new Client Declaration declaring the citizenship status of the assistance unit will be required.

The eligibility of other family members is not affected by the ineligibility of a person described above. Such ineligible person will not be included in the family size for purposes of determining the payment amount. However, if the person is the parent or stepparent of any child included in the unit, then his or her income will be counted.

If the question regarding the above type of felony conviction was answered Yes on the application form, the worker will find out which family member has such conviction. If the question was answered No, then no further action is needed .

No specific duration of residence is required. If the applicant has the present intention to make the state his home, current eligibility will not be affected even if the applicant intends to leave the state at some future time. Residence is not affected by a temporary absence from the state, provided the absence is less than one (1) month.

Homeless families who do not have a fixed or permanent address but reside in the state as residents of Arkansas are eligible for TEA provided they meet all other eligibility requirements. The county office will determine an address of choice (e.g., a PO Box, homeless shelter, etc.) for such families. If otherwise eligible, the case may be certified with this chosen address.

If the adult, or minor parent, reports at application that all school-age children are enrolled in and satisfactorily attending school, the worker may accept the statement of the applicant. Enrollment and satisfactory attendance will be verified with the school, and documented in the case record, in those cases where it is reported that one or more children in the family has failed to enroll or attend school regularly. Such reports may come from any of several sources including, but not limited to, the school system locally, courts, system-generated reports supplied by the state Department of Education, etc. Satisfactory attendance is defined in accordance with the school’s definition of attendance. If the children are not enrolled, the application may be approved if all other eligibility requirements are met. However, the adult, or minor parent, will be advised that the children must be enrolled and that certification of enrollment must be provided by the parent no later than thirty (30) days from the date the application is approved. If school is not in session when the application is made (e.g. summer vacation), then the parental certification must be provided within thirty (30) days of the date school resumes. (See TEA 4152.)

If the children are being home-schooled, the applicant’s statement will be accepted unless questionable. If questionable, then verification that there is an approved home-schooling application on file with the school superintendent should be required.

Proof of current immunizations of all pre-school-age children will be requested prior to approval of the application. (See Appendix A for the immunization schedule.) If such proof is provided, the case record will be documented accordingly or a copy of the immunization record filed in the record. If any pre-school-age children are in need of immunizations, the application may be approved if all other eligibility requirements are met but the adult, or minor parent, will be advised that the children must receive the needed immunizations and proof that they have must be provided no later than thirty (30) days from the date the application is approved (See TEA 4153.).

An applicant who refuses to have a child immunized because of religious beliefs or because of a medical problem (e.g., allergic reaction), must provide verification that an exemption has been granted by the Arkansas Department of Health (ADH) in Little Rock. To obtain such exemptions, the applicant must request a Religious Exemption Application or Medical Exemption Application from the Arkansas Department of Health. The toll free telephone number is 1-800-482-5400. The Department of Health is located at 4815 West Markham, Little Rock, AR 72205.

Upon completion, the application must be submitted to the Arkansas Department of Health at the above address for a decision. The decision will be sent directly to the parent(s) or caretaker relative. The normal processing time is two weeks. The parent(s) or caretaker relative must provide verification of the decision within 30 days from the date the TEA application is approved or the date on which the child is added to the TEA case (if eligible for payment). Failure to provide such verification will result in the TEA cash assistance payment being reduced by 25% after the appropriate notice. If, however, a decision remains pending from the Arkansas Department of Health at the end of 30 days, verification of the pending status will be obtained by the applicant from the Health Department and provided to the case worker.

Note: Requests can be made only to the Central Office of the Arkansas Department of Health listed above, not to the local health units.

Resource eligibility is determined as of the first day of a calendar month. If the countable resources are equal to or less than $3000.00 on the first day of the month, then the family is resource eligible for the entire month even if the resource value increases and exceeds the limit later in the month.

EXAMPLE: Ms. Smith has a checking account with a balance of $750. On March 5, she deposits her regular monthly $100 Social Security check into it. Since the $100 she deposited is income for March, it cannot be included as part of the resource (the checking account) for March. Any of the March $100 remaining in the account as of April 1, however, would then be considered as a resource.

The countable value of a resource which is not disregarded must be verified. See TEA 2272 for disregarded resources.

1/20/2000

The following resources are not considered in determining the family’s TEA eligibility:

1. The family’s homestead. (See TEA 2272.1 for more information regarding the homestead.)
2. One motor vehicle.
3. Household and personal goods.
4. Income-producing real or personal property.
5. Earmarked resources. This includes educational grants, loans, settlement payments that are intended and used for purposes which preclude their use for current living costs, etc.
6. Earned Income Credit (EIC) and other tax refunds.
7. Any type of life insurance policy, including the cash surrender value of the policy.
8. One burial plot per TEA family member.
9. Payments made under any federal, state, or local disaster assistance program.
10. Any property or payment required to be disregarded for eligibility purposes according to federal or state statute. See the Note on the following page.
11. When the unit consists of a minor parent and his or her child, the resources of the minor parent’s parent(s) or stepparent.
12. The resources of the spouse of a non-parent relative who is included in the TEA cash assistance unit. Note: If jointly owned, the caretaker relative’s prorata share will be counted.
13. Individual Development Accounts (IDA). (See TEA 3445)
14. Funds up to $10,000.00 placed in an escrow account by a TEA recipient who is engaged in a micro-enterprise work activity.
15. Savings for Education, Entrepreneurship and Down Payment (SEED) Accounts.

NOTE: At any time there is a question as to whether a particular type of property or payment may be disregarded under Item #10 above, the worker should submit the pertinent documents or information concerning the property or payment to the Office of Program Planning and Development, Slot S33 for a determination. This information should include the specific federal or state statute under which it is believed the disregarded treatment is required.

A homestead is a house and tract of land which a person considers his home. A mobile home or trailer used as a home will be considered as a homestead, regardless of whether the person also owns the property on which the mobile home is situated.

Only one such tract will be considered a homestead. However, there is no limit to the acreage or number of lots so long as the property is contiguous. Any other dwelling units or apartments on the property will be considered a part of the homestead.

The family must be presently residing on the property or intend to move on to it within a period of six months from the date of application or date of purchase, whichever is later.

If the family ceases to live on the property, it will continue to be regarded as a homestead for a period of six months from the date they left the home or the date of application, whichever was later, provided they intend to return to it. A request to extend the period beyond six months may be approved by the County Administrator, if it is determined that extenuating circumstances exist in the case. Unless the period has been extended, the recipient will be advised that the homestead becomes excess property after six months.

If the homestead is sold, the net proceeds received from the sale will be disregarded for a period of eighteen (18) months from the date of the sale provided the casehead intends to apply such proceeds towards the purchase of another homestead. A request to extend the period beyond eighteen months may be approved by the County Administrator, if it is determined that extenuating circumstances exist in the case. When the conditions of the sale of the homestead are such that the proceeds will be received through installment payments, then such proceeds will be disregarded as they are received provided they are applied to the payment of another homestead. Only that portion of the proceeds, whether received in full or through installment payments, which are actually applied towards the purchase of the new homestead may be disregarded. Any remaining amount will be considered according to TEA 2274, Items 3 or 4, as appropriate.

EXAMPLE #1: A client receives $10,000 for his homestead. He re-invests only $8000 into a new home. Therefore, the remaining $2000 will be considered a resource.

EXAMPLE #2: A client sells his homestead through an installment payment contract for which the entire balance is not payable upon demand. The monthly payment from the sale is $200. He uses $150 from that payment to make the payment on his new home. Therefore, the remaining $50 will be considered as unearned income.

The casehead will be advised that if another homestead is not purchased within the eighteen month period, then at the end of the 18 months, the proceeds will be considered a resource if received in full, or as unearned income if received in installment payments (Refer to TEA 2275) beginning with the month after the proceeds first became available. Therefore, an overpayment may occur if the proceeds are not reinvested in another homestead. If a client who is receiving installment payments later purchases another homestead and applies the installment payment to the new home, then that portion applied may be disregarded.

To request an OCC opinion regarding a resource owned or jointly owned by a member of a TEA family, the following procedure will be followed:

1. The County Office will submit a memorandum to the Assistant Director, Office of Program Planning and Development (OPPD), Slot 1220.
2. The memo will specify that the request is for a TEA case and will include a complete description of the circumstances surrounding the resource with copies of all documentation (deeds, titles, trusts, etc.) attached.
3. OPPD staff will screen the request to determine if all necessary information has been provided and will research the files to determine if an opinion on the issue has been obtained previously. If information is missing, the requesting office will be contacted. Once all necessary information is obtained, the request will be forwarded to the Office of Chief Counsel if it is determined no previously obtained opinions address the issue.
4. Upon receipt of the OCC opinion or upon the determination that a prior opinion addresses the issue, a written interpretation, via memorandum from the Assistant Director, OPPD, will be provided to the requesting county office with a copy to the Office of Field Operations. This memo will be filed in the TEA case record.

When an individual sells either real or personal property, the amount the individual received for the property and any terms or conditions of the sale will be determined. The net proceeds from the sale (sale price less any outstanding encumbrances and costs related to the sale) will be considered as follows:

1. If the homestead was sold, refer to TEA 2272.1.
2. If the family’s only car/truck is sold, the proceeds may be disregarded if the proceeds are applied to the purchase of another car/truck within 30 days of the sale.
3. If full payment was received, apply that amount to the resource limit.
4. If the individual sold the property through an installment contract, then the installment payment, less any amount for which the seller is still obligated to pay on the sold property, will be considered as unearned income.

EXAMPLE: Mr. and Mrs. Warren have agreed to sell five acres of land they are currently buying in another county. The contract they have entered into with the buyer specifies that the buyer will pay them $200 per month for five years. The Warrens will continue to make payments to the bank on the land in the amount of $150 per month. Therefore, only $50 of the $200 payment made to the Warrens will be counted as unearned income.

The equity value of any real property not used as a homestead (excess property) will be considered a resource in determining TEA eligibility.

Ownership may be verified by any of the following:

• Deeds
• Wills
• Contract of purchase
• Other documentary evidence

When two or more persons own an interest in the property, the client’s ownership interest and the availability of the property as a resource to the family must be determined (Refer to TEA 2275.3).

Questions of title, ownership, and property interest which cannot be resolved by the County Office may be submitted to the Office of Program Planning and Development, Slot 1220, who will request a legal opinion from the Office of Chief Counsel. The memorandum should present the question involved, any relevant facts, with relevant documents (deeds, contracts, etc.) attached. (See TEA 2273.1.)

1. Life Estates - A life estate conveys upon an individual(s) for his lifetime, certain rights in property. Its duration is measured by the lifetime of the tenant or of another person. The owner of a life estate has the right of possession, the right to use the property, the right to obtain profits from the property and the right to sell his life estate interest. (However, the document establishing the life estate may restrain one or more of the individual’s rights.) He does not have title to the property or the right to sell the property.
2. Remainder Interest - When an individual conveys property to another for life (life estate) and to a second person(s) (remainder man) upon the death of the life estate holder, both a life estate interest and a remainder interest have been created in the property. Upon death of the life estate holder, the remainder man will own full title. Several individuals may be designated as remainder men who would hold ownership jointly or in common, as specified by will or deed.

4. Ownership Interest in Unprobated Estate

An individual may have ownership interest in an unprobated estate if he is an heir or relative of the deceased, or has acquired rights on the property due to the death of the deceased, in accordance with a will or State intestacy laws.

An individual may have ownership of certain property rights such as:

1. Mineral Rights - A mineral right is an ownership interest in certain natural resources which are usually obtained from the ground such as coal, sulfur, petroleum, sand, natural gas, etc.
2. Timber Rights - Timber rights permit an individual to cut and remove freestanding trees from property owned by another. A life tenant also has certain timber rights in keeping with good husbandry.
3. Easement - An easement is a property right whereby one has the right to use of the land of another for a special purpose.
4. Leasehold - A leasehold conveys to an individual, at the owner’s will and usually for an agreed rent, the control of property for a definite period of time. It does not designate rights of ownership. Leaseholds may be carved out of life estates.

In determining the equity value (i.e. current market value less encumbrances) of real excess property, the type of ownership, the number of additional owners, and the individual’s actual ownership interest must all be taken into consideration.

1. Fee Simple Ownership (Sole Ownership) - If the individual is the sole owner of excess property and has the right to dispose of it, the equity value of the property is a countable resource.
2. Shared Ownership - If the excess property is jointly owned by two or more individuals, the equity value of the property is charged to the individual in proportion to his ownership interest.

1. Joint Tenancy - The property’s equity value is divided by the number of owners in proportion to the ownership interest. When the individual’s ownership interest plus other countable resources exceed the resource limit, determine if the individual is free to sell his interest. If the other owners will not consent to selling the property, then the property will not be considered a countable resource. If they will sell, the property will be counted.
2. Tenancy-in-Common - The property’s equity value is divided by the number of owners in proportion to the ownership interest of each to determine the individual’s ownership interest. The value of the individual’s interest will be considered a countable resource, regardless of the other owners’ desire to sell.
3. Tenancy-by-the-Entirety - The property’s equity value is divided by 1/2 to determine the individual’s ownership interest. If the individual’s spouse is willing to sell the property, then it will be considered a countable resource. If the spouse will not sell, then the property is not considered

3. Life Estate or Remainder Interest in Non-home Property - The values must be determined in accordance with State Law and State Actuary Tables. The county will determine the value of the property in which the person has the life estate/remainder interest and route all the information to the Central Office for a determination on the value of the interest. A memorandum from the ES

Supervisor and all information gathered will be sent to the Office of Program Planning and Development, Slot 1220.

4. Ownership Interest Held in Unprobated Estate - An individual’s ownership interest in an unprobated estate is considered to be a resource. Ownership interest is determined by dividing the equity value of the property by the number of heirs.

The costs of settling the estate including funeral expenses, payment of mortgages and other debts, attorney fees, etc. will be deducted from the value of the whole estate before determining the individual net interest. A knowledgeable source estimate of these costs may be used in making the determination if the actual costs are not known.

Once probate proceedings are initiated, the property will be considered inaccessible until probate is completed.

5. Rights to Use - Mineral rights, timber rights, easements, or leaseholds may all be countable resources if they have a cash value available to the individual. However, in many cases, none of the above are salable and, therefore, would not be a countable.

The market value of real property is determined by obtaining an estimate of current market value from a knowledgeable source. Knowledgeable sources include:

• Real estate brokers.
• Local office of the Farmer’s Home Administration (for rural land).
• Local office of the Agricultural Stabilization and Conservation Service (for rural land).
• Banks, mortgage companies, and similar lending institutions.
• County Agricultural Extension Service (for rural land).
• Tax assessor of the county in which the property is located. If this source is used, then the assessed value must be multiplied by the county multiplier 5 to arrive at the market value.

The estimate should be written, signed and dated, and have enough information so the source can be identified.

The client is primarily responsible for obtaining the estimate. However, if requested, assistance to obtain a free estimate will be provided.

Only the net equity in the property is considered. Net equity is determined by subtracting the value of any liens, mortgages, or other encumbrances from the market value. If the market value of the property exceeds the $3000 resource limit (alone or with other countable resources), then the amount of any encumbrances will be verified.

Personal property is property other than real property and consisting primarily of liquid assets. Ownership of personal property can be in the same form as real property. The following sections describe more commonly held types.

Cash on hand and money on deposit, less the amount received during the month and counted as income, is a countable resource.

Cash on hand includes amounts that the individual has on his person and amounts that he has at home. Money on deposit may be in a bank, savings and loan, credit union, or other financial institution.

If joint ownership exists, then the amount considered to be owned by each of the joint owners will be a prorata amount rather than the full amount. If it is determined that the TEA client does not actually own the funds in a jointly held account, then none will be considered a resource to the client.

When a TEA client has a bank account with a non-SSI person, ownership of the account must be determined prior to determining whether it is a resource to the client. This applies equally to all situations in which at least one of the persons named on the account is a non-TEA person whose resources are not considered.

Ownership may be verified by:

• written statements form the persons whose names are on the account (primary method) or,
• through collateral contacts.

EXAMPLE: Mr. and Mrs. Jones are currently separated but still have a joint savings account with a balance of $1500. Joint ownership does exist, so one half, or $750, will be considered to be owned by each one, Therefore, $750, Mrs. Jones’ share, will be considered a countable resource.

Any funds in a jointly held bank account which are being considered in determining an SSI recipient’s eligibility are not considered in determining TEA eligibility. This applies to all situations in which a TEA client’s name is on a bank account with an SSI recipient, including situations in which the SSI recipient is the TEA client’s child or spouse.

Any funds not being considered for SSI purposes will be considered for TEA purposes according to the above section.

When a TEA client’s name is on any type of bank account with an SSI recipient, it will be presumed that all of the funds in the account are being considered for SSI purposes. It is not necessary to verify with SSI whether the bank account funds are being considered for SSI purposes unless the TEA client advises that SSI is not considering all of the funds, or the amount in the account would appear to cause SSI ineligibility if considered. In either of those situations, the worker will verify with SSI whether the funds are being considered in determining the SSI recipient’s eligibility.

Except in the above two situations, it is not necessary to verify with SSI whether the bank account funds are being considered for SSI purposes. It will be presumed that they are being considered for SSI and therefore, will not be considered for TEA.

Trust funds which are legally available to help meet a TEA family member’s needs must be considered a countable resource.

Trusts which have, as the only restriction, the requirement of prior court approval are considered accessible until a formal request for withdrawal has been made to the court and the court has formally denied the request.

Trusts which are not accessible to meet the individual’s basic needs (e.g. the court has denied a withdrawal request) are not considered in determining the family’s TEA eligibility.

If there are questions concerning the accessibility of a specific trust account, the pertinent trust documents and other information describing the situation should be sent to the Assistant Director, Office of Program Planning and Development, Slot 1220 for review and request of an Office of Chief Counsel opinion, if necessary.

If a trust is determined to be inaccessible, it will be reported to the Third Party Liability Unit as a third party resource for Medicaid purposes if the individual is Medicaid eligible. In this situation, the family should be advised that the trust will be considered a third party resource.

If the customer wishes to challenge the value determination made by the County Office, he or she will be given the opportunity to submit at least two appraisals from knowledgeable sources. The County Office will decide which appraisal to accept.

Any one of the following value determination methodologies may be used in arriving at the market value of vehicles used for personal transportation:

• NADA Used Car Guide (excluding value of optional equipment)
• Knowledgeable sources such as a local dealer or auto insurance company
• County personal property tax office

If bond ownership is shared, each person’s share as a resource is equal, even though any one of the owner’s listed on the bond may dispose of it.

Verification of stock value may be made by consulting the financial section of a newspaper for stock that is listed in either the New York or American stock exchange. For stocks not listed on either exchange, that is "over the counter", the bid price is used to determine market value. If these bids are not listed in the newspaper, a local securities firm may be contacted to obtain the price.

Any other available property not specifically disregarded is counted as a resource. (See TEA 2272 for disregarded resources.)