Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 2 - Rhode Island Works Program Rules and Regulations › Section 218-RICR-20-00-2.14 - Resources

Current through June 14, 2024
2.14.1
Non-Exempt Resources
A. No family shall be eligible for cash
				  assistance if the combined value of its available resources (reduced by any
				  obligations or debts with respect to such resources) exceed five thousand
				  dollars ($5,000.00). Eligibility is denied or terminated if the value of
				  available non-exempt resources exceeds the five thousand dollar ($5,000.00)
				  limit.
B. Verification of resources
				  - Verification will continue to be required for all resources in excess of
				  three thousand dollars ($3,000.00) up to the resource limit of five thousand
				  dollars ($5,000.00). The DHS will accept the household's self-attestation of
				  resources less than three thousand dollars ($3,000.00) unless the information
				  provided appears to be questionable or contradictory to prior statements made
				  by the household, or if information on the application is inconsistent with the
				  statements made by the applicant/recipient.
C. Resources are considered available both
				  when actually available and when the applicant/recipient has a legal interest
				  in a liquidated sum and has the legal ability to make such sum available for
				  support and maintenance.
1. However, in the
				  event of joint ownership of an asset, there is an opportunity to rebut the
				  presumption of ownership of the resource. (Refer to 210-RICR-40-00-3). The RIW Administrator,
				  assistant administrator or RIW supervisor is consulted when there is a question
				  of ownership of resources that cannot be otherwise resolved.
D. The applicant's resources
				  include those of the spouse in the home (with the exception of persons applying
				  in
loco parentis
and not applying for assistance for his/her
				  own needs). A child's resources include his/her own and those of the eligible
				  or ineligible parent(s) and stepparent with whom s/he is living.
E. The sponsored non-citizen's resources
				  include the deemed resources of the sponsor and sponsor's spouse (see §2.17.2 of this Part).
				  However, in a joint RI Works program/SSI household, the resources which are
				  solely the SSI recipient's are not counted for RI Works purposes.
F. The information the individual supplies on
				  the Application for Assistance, both at application and redetermination about
				  his/her current or terminated resources, is documented through bank books,
				  property records, and other similar documentary sources.
G. The agency representative must advise the
				  recipient to inform the agency of any changes in his/her resources that may
				  affect his/her eligibility. Such changes are noted in the electronic case
				  record.
H. Trusts
1. Any funds in a trust, and the income
				  produced by that trust to the extent it is not available to the assistance
				  unit, shall be considered inaccessible to the assistance unit if all of the
				  conditions listed below are met by the trust arrangement.
a. No assistance unit member has the power to
				  revoke the trust arrangement or change the name of the beneficiary.
b. The trustee administering the trust is
				  either
(1) A court or an institution,
				  corporation, or organization that is not under the direction or ownership of
				  any assistance unit member; or
(2)
				  An individual appointed by the court who has court imposed limitations placed
				  on his or her use of the funds; or
(3) An individual whose responsibilities are
				  governed by the terms of the irrevocable trust, and who is furthermore not
				  under the direction or control of any assistance unit member(s) in any
				  way.
c. Trust
				  investments made on behalf of the trust do not directly involve or assist any
				  business or corporation under the control, direction, or influence of an
				  assistance unit member.
d. The
				  Department may request that the trustee execute a statement that s/he/it is not
				  under the direction or control of any member(s) of the assistance
				  unit.