Current through Register Vol. 39, No. 6, September 16, 2024
(a) The value
of resources held by the client or by a financially responsible person shall be
considered by the county department of social services to be available to the
client in determining countable reserve for the budget unit.
(b) Jointly owned resources shall be counted
as follows:
(1) The value of resources owned
jointly with a person who is not a member of the client's budget unit who is a
recipient of another public assistance budget unit shall be divided in parts of
equal value between the budget units.
(2) The value of liquid assets and personal
property owned jointly with a person who is not a member of the client's budget
unit who is also not a client of another public assistance budget unit shall be
available to the client if he or she can dispose of the resource without the
consent and participation of the joint-owner or the joint-owner consents to
and, if necessary, participates in the disposal of the resource.
(3) The client's share of the value of real
property owned jointly with a person who is not a member of the client's budget
unit who is also not a member of another public assistance budget unit shall be
available to the client if he or she can dispose of his or her share of the
resource without the consent and participation of the joint-owner or the
joint-owner consents to and, if necessary, participates in the disposal of the
resource.
(c) The terms
of a separation agreement, divorce decree, will, deed or other legally binding
agreement or court order shall take precedence over ownership of resources as
stated in Paragraphs (a) and (b) of this Rule, except as provided in Paragraph
(g) of this Rule.
(d) For all aged,
blind, and disabled cases, the resource limit, financial responsibility, and
countable and non-countable assets shall be based on standards and methodology
in Title XVI of the Social Security Act except as specified in Rule .0202 of
this Section.
(e) Countable
resources for Family and Children's medically needy cases shall be determined
as follows:
(1) The resources of a spouse,
who is not a stepparent, shall be counted in the budget unit's reserve
allowance if:
(A) the spouses live together;
or
(B) one spouse is temporarily
absent for twelve months or less in long-term l care and the spouse is not a
member of another public assistance budget unit;
(2) The resources of a client and a
financially responsible parent or parents shall be counted in the budget unit's
reserve limit if:
(A) the parents live
together; or
(B) one parent is
temporarily absent for 12 months or less in long-term care and the parent is
not a member of another public assistance budget unit;
(3) The resources of the parent or parents
shall not be considered if a child under age 21 requires care and treatment in
a medical institution and his or her physician certifies that the care and
treatment are expected to exceed 12 months.
(f) For a married individual:
(1) Resources available to the individual are
available to his or her spouse who is a noninstitutionalized applicant or
recipient and who is either living with the individual or temporarily absent
for twelve months or less from the home, irrespective of the terms of any will,
deed, contract, antenuptial agreement, or other agreement, and irrespective of
whether or not the individual actually contributed the resources to the
applicant or recipient. All resources available to an applicant or recipient
under the rules of this Section must be considered by the county department of
social services when determining his or her countable reserve.
(2) For an institutionalized spouse as
defined in 42 U.S.C.
1396r-5(h), available
resources shall be determined in accordance with
42 U.S.C.
1396r-5(c), except as
specified in Paragraph (g) of this Rule.
(g) For an institutionalized individual, the
availability of resources shall be determined in accordance with
42 U.S.C.
1396r-5. Resources of the community spouse
shall not be counted for the institutionalized spouse when:
(1) Resources of the community spouse cannot
be determined or cannot be made available to the institutionalized spouse
because the community spouse cannot be located by the county department of
social services; or
(2) The couple
has been continuously separated for 12 months at the time the institutionalized
spouse enters the institution.
Authority
G.S.
108A-54;
108A-54.1B;
108A-55;
42 U.S.C.
1396r-5;
42 U.S.C. 1396a(a)(17);
42 U.S.C.
1396a(a)(51);
42 C.F.R. 435.602;
42 C.F.R.
435.725;
42 C.F.R. 435.726;
42 C.F.R.
435.733;
42 C.F.R. 435.735;
42 C.F.R.
435.840;
42 C.F.R. 435.832;
42 C.F.R.
435.845;
45 C.F.R. 233.20;
45 C.F.R.
233.51; Correll v. DSS/DMA/DHR, 418 S.E.2d
232 (1992); Schweiker v. Gray Panthers,
453 U.S.
34,
101 S.Ct. 2633, 69 L. Ed.2d 460
(1981);
Eff. September 1, 1984;
Amended Eff. January 1,
1995; November 1, 1994; September 1, 1993; April 1, 1993;
Temporary
Amendment Eff. September 13, 1999;
Temporary Amendment Expired June
27, 2000;
Temporary Amendment Eff. September 12, 2000;
Amended Eff. August 1, 2002;
Transferred from
10A NCAC
21B .0403 Eff. May 1, 2012;
Readopted Eff. June 1, 2019.
