Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-01 - Family Assistance Division
Chapter 1240-01-50 - Financial Eligibility Requirements - Families First Program
Section 1240-01-50-.07 - SPECIAL RESOURCE SITUATIONS
Universal Citation: TN Comp Rules and Regs 1240-01-50-.07
Current through September 24, 2024
(1) Jointly Owned Resources. An individual's pro rata share of jointly owned resources will be considered as available unless such resources are inaccessible.
(a) When the individual can demonstrate that
he/she has access to less than a pro rata share, only the portion to which
he/she has access will be counted toward the assistance group's resource
level.
(b) Resources are considered
inaccessible to the assistance group if they cannot be practically subdivided
and access to their value is dependent on the agreement of the joint owner who
refuses to comply.
(c) When
determining the AG's resource level, ineligible aliens residing with the
household shall be considered household members. The resources of an ineligible
alien will be counted only when the ineligible alien is the parent or spouse of
an AG member.
(d) Real property
that the AG cannot sell because it only has a life estate, use rights, lifetime
occupancy, or dower rights, shall also be considered inaccessible to the
AG.
(e) Victims Compensation
Awards.
1. Victims Compensation Awards paid in
behalf of minors will be treated as irrevocable trusts if:
(i) the minor's parent, other caretaker
relative or guardian entered into an agreement with the State Claims Commission
as to the uses to be made of the funds and signed such an agreement;
and
(ii) the funds are deposited in
accordance with the agreement; and
(iii) the funds remain on deposit or are used
only according to the terms of the agreement. Any funds withdrawn and used for
goods/services not specified in the agreement will be treated as income in the
month received.
2.
Victims Compensation Awards paid to adults (age 18 or older) in their own
behalf will continue to be treated as non-recurring lump sums.
(2) Resources Of Legally Responsible Relatives.
(a) The
availability of a resource often depends on the individual's legal right to
share property which may be in the possession of another person. Therefore, the
following rules apply to the treatment of resources of legally responsible
relatives of an A/R who live in the home with him/her.
1. Resources of a spouse.
(i) Real and personal property belonging to
the spouse of a relative other than a parent of the dependent child(ren) are
not deemed to the assistance group. Real and personal property belonging
exclusively to an SSI beneficiary is totally disregarded in determining the
eligibility of his/her spouse and the AG in which his/her spouse is included.
If property is jointly owned, that portion of the property which belongs to the
SSI beneficiary is disregarded. If the proportionate share cannot be
determined, the property is considered available in its entirety to
each.
(ii) In stepparent
situations, real and personal property belonging exclusively to a stepparent is
considered available to the assistance group only when the stepparent is
included in the AG.
2.
Minor Recipients.
(i) When a minor in the AG
lives with his/her parent(s), the resources of the parent(s) are not deemed to
the AG which includes the minor unless the parent(s) are also included in that
unit. Resources belonging to an SSI beneficiary parent of a child in the AG are
disregarded.
The resources of a child are not considered available to his/her parents or siblings unless the child is included in the AG.
(ii) When the A/R is a minor
living with a relative other than a parent, the resources of the relative are
not considered available to the A/R or the A/R's child unless the relative is
included in the AG.
The resources of a stepparent are not considered available to a child unless the stepparent is included in the AG.
3. Other Relatives. The resources
of relatives other than a parent are not considered available to the child(ren)
in the AG unless the relative is included in the AG. If resources of a relative
exceed defined limits, neither the grantee relative nor the grantee relative's
spouse may be included in the AG.
Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, Public Acts of 1996, Chapter 950, and 45 C.F.R. 233.20.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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