Section 75-02-01.2-21 - Asset considerations1.a. All assets that are actually available must be considered. Assets are actually available when at the disposal of a member of the household; when a member of the household has a legal interest in a liquidated sum and has the legal ability to make the sum available for support or maintenance; or when a member of the household has the lawful power to make the asset available or to cause the asset to be made available. A determination that an asset is deemed available is a determination that the asset is actually available.b. Assets must be reasonably evaluated.c. All assets owned individually or jointly by members of a household are deemed available to the household.d. Assets owned jointly by a member of the household and an individual who is a member of a separate household, but has a legal obligation to support a member of the household, are presumed available to the household unless the applicant can show that the assets are in fact not available.e. If the household can demonstrate that only a portion of an asset is available, only that portion may be considered.f. An asset is not available if it cannot be practically subdivided or sold.g. A stepparent's assets, whether owned exclusively by the stepparent or jointly with the parent, are deemed available in their entirety to the parent. Because the temporary assistance for needy families filing unit must include the parent, if technically eligible, the equity value of all assets, including the stepparent's assets, must fall within program asset limitations or the unit is ineligible.h. An asset may be temporarily unavailable while the household is taking reasonable measures to overcome a legal impediment.i. Assets ordinarily available to the household may be rendered temporarily unavailable to members of such a unit who are being served by shelters for abused individuals while the legal ramifications of the circumstances that led to the need for such services are explored.j. As in all instances in which there is a question of ownership, the household must be given the opportunity to present evidence in rebuttal of the presumption that a joint account is an available asset. A successful rebuttal may result in a finding that the funds in the joint account are in fact not owned by the household. For example, when the funds are clearly available to the family only in the event of the coowner's death, access is restricted and the funds are therefore not an asset. The funds are likewise not an asset to the family if withdrawals from the account are possible only with the surrendering of the passbook, which is not accessible to the applicant or recipient, or with dual signatures and the coowner may not sign.k. An asset may be sold or exchanged for another asset. An asset acquired in an exchange or with the proceeds from a sale continues to be treated as an asset subject to the asset limits, exemptions, and exclusions applicable to the type of asset acquired. This subdivision does not supersede other provisions of this chapter which describe or require specific treatment of assets, or which describe specific circumstances that require a particular treatment of assets.2. The financial responsibility of any individual for any applicant or recipient of temporary assistance for needy families is limited to members of the temporary assistance for needy families filing unit. Such responsibility is imposed upon applicants or recipients as a condition of eligibility. Except as otherwise provided in this section, the assets of the members of the temporary assistance for needy families filing unit are deemed available to an applicant or recipient, even if those assets are not actually contributed. For purposes of this subsection, biological and adoptive parents, but not stepparents, are treated as parents.3. Temporary assistance for needy families benefits, and any income, earned or unearned, which is taken into account in determining the amount of a grant for a particular month, may not be treated as an asset in that month.N.D. Admin Code 75-02-01.2-21
Effective December 9, 1996; amended effective July 1, 1997; January 1, 2003.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02