Regardless of the terms of ownership, if it can be documented in the case record that the resource is unavailable to the client, the value of that resource is not used in determining eligibility. The worker must consider the feasibility of the client's taking legal action to liquidate the resource. If the worker determines that action can be taken, the worker must allow the client 60 days to initiate action to liquidate. During the 60 days allowed, the resource is not considered available. After 60 days, if no action is taken to liquidate, the resource is counted.
In evaluating the availability of benefit funds, such as funds raised by a benefit dance or auction, the worker must determine the purpose of the funds and if the client has access to them. If the client cannot access the funds to pay normal maintenance needs, the funds are not considered available.
The worker must determine a reasonable period of unavailability based on the circumstances of the case. The worker must monitor the status of the resource.
An applicant or recipient must file in county court for the maximum elective share of a deceased spouse's augmented estate as specified in Sections 30-2313 and 30-2314, R.R.S.
(4/11/95)