Section 470IAC6-4.2-1. Resource considerations

   (a) Assistance groups in which all members are receiving public assistance in the form of TANF or SSI are categorically eligible. These assistance groups are eligible for food stamps without verification of resources because the verifications obtained when TANF and SSI were approved are below the food stamp guidelines.

  (b) Resources belonging to assistance groups are not to be considered in determining eligibility for food stamp benefits under broad based categorical eligibility. There is a gross income limit applied to all assistance groups considered under broad based categorical eligibility.

  (c) Assistance groups are not to be considered under broad based categorical eligibility if as follows:

(1) The entire assistance group is institutionalized.

(2) Any member is disqualified for intentional program violation.

(3) Assistance group is disqualified because one (1) or more of its members failed to comply with workfare.

(4) The head of household is disqualified for not complying with work requirements.

(5) Any member of the assistance group is ineligible because of a drug related felony.

(6) The assistance group does not provide the division with enough information to determine eligibility.

  (d) For assistance groups determined to not be categorically eligible, the following conditions would apply:

(1) The agency shall presume that all funds in a jointly owned financial institution belong to each owner. Individuals are to be advised of the presumption and given the opportunity to rebut. If the individual rebuts, he or she must provide proof of ownership. Following a successful rebuttal, funds must be separated and only the funds actually belonging to the applicant or recipient shall be counted as a resource to him or her.

(2) Proportionate shares of jointly owned real or personal property shall be considered if jointly owned with another applicant or recipient.

(3) The available proportionate shares are considered as a resource if there is real or personal property jointly owned with a nonrecipient.

(Division of Family Resources; 470 IAC 6-4.2-1; filed May 17, 1993, 5:00 p.m.: 16 IR 2404; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; filed Jul 5, 2011, 1:33 p.m.: 20110803-IR-470100243FRA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA)