Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
Subchapter 37.78.4 - TANF Cash Assistance: Resources
Rule 37.78.401 - TANF: TANF CASH ASSISTANCE; RESOURCES
Current through Register Vol. 6, March 22, 2024
(1) This rule governs the treatment of resources for purposes of all benefits in the TANF cash assistance program.
(2) In determining eligibility for TANF cash assistance, the department will count the equity value as defined in ARM 37.78.103 of all resources available to any member of the filing unit, unless there is a specific provision for the exclusion of the resource elsewhere in this rule or in federal law. A resource is considered available if actually available or when the applicant or participant has a legal interest in the resource and the legal ability to make it available for support and maintenance. In the case of qualified aliens, as defined in ARM 37.78.220, the income and resources of the alien's sponsor and the alien's sponsor's spouse must be considered in determining the eligibility of the alien. A sponsor is any person over the age of 18 who petitions for admission of an alien under section 213 of the Immigration and Nationality Act.
(3) If the total value of the filing unit's countable resources exceeds $3,000, the filing unit is ineligible for assistance. Eligibility is determined on the basis of the countable resources as of the date of application and the first moment of the first day of each month for which ongoing assistance is being determined. If the filing unit's countable resources exceed the $3,000 resource limit on the first day of the month, the filing unit is ineligible for that entire month, even if the value of the filing unit's countable resources drops below $3,000 later in the month.
(4) The following resources are not counted in determining eligibility:
(5) The exclusions in (4) do not apply when members of the filing unit no longer have a personal ownership interest in the resource.
(6) If an individual would be required by ARM 37.78.208 to be included in the assistance unit except that the individual is not eligible because they are not a U.S. citizen or qualified alien, or they are a parole probation violator, fleeing felon, a person who has committed an intentional program violation, or a convicted drug felon as stated in ARM 37.78.206(3)(f) through (h) and 37.78.505, the resources of that individual will be counted in determining the assistance unit's eligibility and grant amount even though the individual's needs are not included in the grant.
(7) State and federal income tax refunds are a countable resource in the month received.
53-4-212, MCA; IMP, 53-4-211, 53-4-601, 53-4-606, MCA;