2-007.02A Unavailability of Resource

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 make resources available. If the worker determines that action can be taken, the worker must allow the client 60 days to initiate action. After 60 days, if the client has not initiated legal action, the resource is counted. The resource is not considered available until the legal action is completed.

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.

The worker must determine a reasonable period of unavailability based on the circumstances of the case. The worker shall monitor the status of the resource.

Note:  Resources in a client's country of origin are not considered available.

{Effective 2/10/2002}