Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.030 - Definitions Relating to Real and Personal Property

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment provides for updates to the
				  asset limits that define the real and personal property considered in
				  determining eligibility for assistance and how the value of that property is
				  determined.
(1) In
				determining eligibility for public assistance, the Family Support Division
				(FSD) shall consider property of any kind or character which the claimant owns
				or possesses or has an interest in, of which s/he is the record or beneficial
				owner, less encumbrances of record.
(2) For programs applying the Old Age
				Assistance (OAA), Permanent and Total Disability (PTD) criteria, and General
				Relief (GR) applicants and recipients, the home, as referenced in section
				208.010,
				RSMo, is defined as the principal place of residence of the claimant. For town
				or city property, lots on which there is no dwelling and which adjoin the
				residence are considered a part of the home (regardless of the number of lots
				so long as they are in the same city block). For rural property, the acreage on
				which the home is located plus any adjoining acreage will be considered part of
				the home. (Property will be considered as adjoining even though a road may
				separate two (2) tracts.)
(3) In
				determining eligibility for public assistance and blind pension, the value of
				real property will be its current market value if sold on the open market.
(Original rule filed Nov. 4, 1954, effective Nov. 14,
				1954.)
(4) The value of a
				life insurance policy at any time shall be the cash surrender value of the
				policy, minus the amount of any lien, loan, accrued interest payments or
				assigned portion of the policy.
(Original rule filed Feb. 20, 1947,
				effective March 2, 1947.)
(5) Personal property is defined as household
				goods, jewelry, farm surpluses, livestock, farm or business machinery or
				equipment, automobiles and trucks, and similar items.
(Original rule
				filed Feb. 20, 1947, effective March 2, 1947.)
(6) The total amount on deposit in a joint
				bank account of which the applicant is one of the owners is considered as
				available to the applicant unless there is verification that the money placed
				in the account or a definite portion of it belongs to the other joint owner,
				who is not applying for or receiving public assistance. When both or all the
				owners of a joint bank account are applying for or receiving assistance, each
				is considered as owning his/her proportionate share of the account. If the
				applicant states s/he has not deposited any portion of the money in the account
				and past circumstances of the applicant indicate that this is reasonable, the
				total amount on deposit will not be considered as available to the applicant.
(Original rule filed Feb. 6, 1975, effective Feb. 16,
				1975.)
(7) In those
				programs applying the OAA, PTD criteria, in GR cases, and in Aid to Families
				with Dependent Children (AFDC) cases, in certain instances as defined in
				sections (8)-(13) of this rule, the property will be considered as a resource
				which the applicant or recipient can and should use in meeting his/her needs
				and will not be eligible for public assistance.
(Original rule filed
				Feb. 6, 1975, effective Feb. 16, 1975.)
The eligibility factor of
				property as an available resource applies under the OAA criteria to an
				applicant, recipient, and spouse. In AFDC cases, the policy applies to a child
				and to a parent(s) or, as allowed by federal law or regulation, to stepparents
				or, if included in the grant, a needy nonparent caretaker relative or legal
				guardian with whom the child is living. In cases receiving GR, the policy
				applies to an applicant or recipient and spouse and children in the home under
				the age of twenty-one (21). If the GR applicant or recipient is under age
				twenty-one (21), it applies to his/her parent(s) in the home. In programs
				applying the PTD criteria, the policy applies to the applicant or recipient and
				spouse.
(Original rule filed Nov. 3, 1950, effective Nov. 13, 1950.
				Amended: Oct. 20, 1967, effective Oct. 30, 1967. Amended: July 8, 1969,
				effective July 18, 1969. Amended: Feb. 6, 1975, effective Feb. 16,
				1975.)
(8) When an
				applicant or recipient of programs applying the OAA, PTD, or Aid to the Blind
				(AB) criteria , or the spouse with whom s/he lives owns real property which is
				not furnishing shelter for him/her, its current market value shall be
				considered an available asset and subject to the limits of section (12) of this
				regulation. When an applicant or recipient of programs applying the OAA, PTD,
				or AB criteria is under age eighteen (18) and the parent(s) with whom s/he
				lives owns real property which is not furnishing shelter for him/her, its
				current market value shall be considered an available asset and subject to the
				limits of section (12) of this regulation. For GR, when an applicant or
				recipient or the spouse with whom s/he lives owns real property which is not
				furnishing shelter for him/her, its current market value shall be considered an
				available asset and subject to the limits of section (13) of this regulation.
				When an applicant or recipient of GR is under age twenty-one (21) and the
				parent(s) with whom s/he lives owns real property which is not furnishing
				shelter for him/her, its current market value shall be considered an available
				asset and subject to the limits of section (13) of this regulation. In programs
				applying the OAA, PTD, AB criteria, or GR, the claimant will not be eligible
				for assistance on the basis of need; provided, all of the following criteria
				which apply are met (the value of an equity in a life estate and of burial lots
				shall be excluded from this computation). For AFDC cases, the limitation will
				be one thousand dollars ($1000), except that burial lots must be excluded from
				this computation. If the value of real property does not exceed the asset
				limits of section (12) or (13) of the rule, it shall be counted as a part of
				the combination of available resources in determining eligibility.
(A) For real property in which the applicant
				or recipient has lived-
1. Twenty-four (24)
				months have elapsed since the last date on which either the claimant or spouse
				have occupied the dwelling except that the twenty-four (24)- month rule will
				not apply to real property owned by a claimant, spouse, or both, who is a
				patient in a domiciliary, practical or skilled nursing home, an intermediate
				care facility (ICF), state hospital or medical institution; the value of this
				property shall be excluded in determining eligibility on the basis of available
				resources during the period of time the applicant or recipient is a patient in
				a nursing home or institution;
2.
				In the AFDC program, real property in which the applicant/recipient has lived
				will be counted as a resource the month after the month in which it is vacated
				for other than a temporary purpose, unless the spouse from whom the claimant is
				separated and the claimant own the home jointly and the spouse continues to
				remain in the home. In this case, the home and forty (40) adjoining acres will
				not be included in determining equity in resources as long as the spouse
				remains in the home. In the event of divorce, the equity in the property
				immediately must be considered a resource;
3. If a claimant or couple owns two (2)
				pieces of property, they shall be required to designate one (1) as their
				homestead and the other immediately shall be considered as an available
				resource. Also, when two (2) claimants marry and each owns a home in which s/he
				has been living, they will be required to designate one (1) of the properties
				as their homestead, the other immediately shall be considered as an available
				resource;
4. For programs applying
				the OAA, PTD criteria and GR applicants and recipients for town or city
				property, lots on which there is no dwelling and which adjoin the residence are
				considered a part of the home (regardless of the number of lots so long as they
				are in the same city block). For AFDC applicants and recipients, the land on
				which the home is located, up to forty (40) acres, is considered a part of the
				home so long as the land is adjoining, in the same city block, and there is no
				other dwelling on the forty (40) acres; or
5. For programs applying the OAA, PTD
				criteria and GR applicants and recipients, for rural property, the acreage on
				which the home is located plus any adjoining acreage which is a part of that
				farming acreage which is a part of that farming unit will be considered as part
				of the home. For AFDC applicants and recipients, the land on which the home is
				located, up to forty (40) acres, which is part of that farming unit will be
				considered as part of the home so long as the land is adjoining and there is no
				other dwelling on the forty (40) acres. (Property will be considered as
				adjoining even though a road may separate two (2) tracts, if the property is
				farmed as a single unit.)