Library: Policy

OKDHS:10-1-3. Capital resources

Issued 4-1-98

(a) Each time need is determined, each capital resource is evaluated in relation to the client's continuing eligibility. The maximum allowable resource amount is $1000.00 per AFDC case.

(b) In establishing "need," and "who may be included in the grant" in AFDC, only those resources which the individual owns (wholly or in part) are considered. If an adult or child from the family group is receiving SSI, that person's resources are not considered in determining "need" or the "budget group" for AFDC. Any resources considered in determining eligibility for SSI will not be counted in determining eligibility on the AFDC grant.

(c) Capital resources are evaluated on a monthly basis in determining eligibility for an applicant for AFDC. An applicant is determined ineligible for any month that resources exceed the resource standard at any time during that month. When a recipient has resources which exceed the resource standard, case closure action is taken for the next possible effective date.

(d) The recipient may change the form of capital resources from time to time without affecting eligibility, so long as he or she does not decrease the resource in doing so or increase the resources in excess of the value that can be held and yet be eligible for assistance. In the event the resource is decreased as the result of a sale or transfer, the reduction is evaluated in relation to policy applicable to resources disposed of while receiving assistance.

(e) In determining eligibility based on resources, only those resources available for current use or those which the client can convert for current use (no legal impediment involved) are considered as countable resources. Examples of legal impediments include, but are not limited to, clearing an estate, probate, partition to sell or appointment of legal guardian. A resource is considered available both when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. Under this provision, a resource is considered available if the individual has the legal ability to convert the resource to cash for his or her own use. Legal ability is explained in (f) of this Section.

(f) Generally, a resource is considered unavailable if there is a legal impediment to overcome. However, the client must agree to pursue all reasonable steps to overcome such impediment and is responsible for taking necessary steps to initiate legal action within 30 days. While the legal action is in process, the resource is considered unavailable. If a determination is made and documented that the cost of making a resource available exceeds the gain, the client will not be required to pursue action to make it available. Determinations of available and unavailable resources must be well-documented in the case record.

(g) The major types of capital resources are described in this Subchapter. The resources listed are not intended to be all inclusive and the basic policy that consideration shall be given to all resources must be kept in mind in determining eligibility.