- (a) Cash on hand and money on deposit, less the amount received during the month and counted as income, is a countable resource.
(b)
- (1) Cash on hand includes amounts that the individual has on his or her person and amounts that he or she has at home.
- (2) Money on deposit may be in a bank, savings and loan, credit union, or other financial institution.
(c) Jointly held bank accounts with non-Supplemental Security Income recipients.
(1)
- (A) If joint ownership exists, then the amount considered to be owned by each of the joint owners will be a pro rata amount rather than the full amount.
- (B) If it is determined that the transitional employment assistance (TEA) client does not actually own the funds in a jointly held account, then none will be considered a resource to the client.
(2)
- (A) When a TEA client has a bank account with a non-Supplemental Security Income person, ownership of the account must be determined prior to determining whether it is a resource to the client.
- (B) This applies equally to all situations in which at least one (1) of the persons named on the account is a non-TEA person whose resources are not considered.
(3)
- (A) A person is considered as the owner of funds in a bank account if that person earned, received, or was given the funds.
- (B) As this relates to married couples, for TEA purposes, it is normally presumed that both husband and wife are joint owners of funds in a jointly held bank account.
- (C) However, this presumption does not preclude ownership by just one.
- (D) When there is written documentation, clearly establishing that joint ownership is not intended, then ownership by just one may be determined to exist.
(4) Ownership may be verified:
- (A) By written statements from the persons whose names are on the account (primary method); or
- (B) Through collateral contacts. Example: Mr. and Mrs. Jones are currently separated but still have a joint savings account with a balance of one thousand five hundred dollars ($1,500). Joint ownership does exist, so one–half (1/2), or seven hundred fifty dollars ($750), will be considered to be owned by each one. Therefore, seven hundred fifty dollars ($750), Mrs. Jones’ share, will be considered a countable resource.
(d) Jointly held bank accounts with Supplemental Security Income recipients.
(1)
- (A) Any funds in a jointly held bank account that are being considered in determining a Supplemental Security Income recipient’s eligibility are not considered in determining TEA eligibility.
- (B) This applies to all situations in which a TEA client’s name is on a bank account with a Supplemental Security Income recipient, including situations in which the Supplemental Security Income recipient is the TEA client’s child or spouse.
- (2) Any funds not being considered for Supplemental Security Income purposes will be considered for TEA purposes according to subsection (c) of this section.
(3)
- (A) Supplemental Security Income policy presumes that all funds in a bank account that is jointly owned by a Supplemental Security Income recipient and another person belong to the Supplemental Security Income recipient.
- (B) The Supplemental Security Income recipient may rebut this presumption if some or all of the funds belong to the other person.
- (C) However, unless the Supplemental Security Income recipient successfully rebuts the presumption, then Supplemental Security Income will consider all of the funds in the account for Supplemental Security Income purposes.
- (D) In that case, none of the funds are considered for TEA purposes even if the TEA client’s name is on the bank account.
(4)
- (A) When a TEA client’s name is on any type of bank account with a Supplemental Security Income recipient, it will be presumed that all of the funds in the account are being considered for Supplemental Security Income purposes.
- (B) It is not necessary to verify with Supplemental Security Income whether the bank account funds are being considered for Supplemental Security Income purposes unless the TEA client advises that:
(i) Supplemental Security Income is not considering all of the funds; or
(ii) The amount in the account would appear to cause Supplemental Security Income ineligibility if considered.
- (C) In either of those situations, the worker will verify with Supplemental Security Income whether the funds are being considered in determining the Supplemental Security Income recipient’s eligibility.
(5)
- (A) Except in the above two (2) situations, it is not necessary to verify with Supplemental Security Income whether the bank account funds are being considered for Supplemental Security Income purposes.
- (B) It will be presumed that they are being considered for Supplemental Security Income and, therefore, will not be considered for TEA.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “07/01/97”