460-4        RESOURCE EXCLUSIONS OF INELIGIBLE SPOUSE AND/OR ALIEN SPONSOR

In addition to the resource exclusions available to an APAAdult Public Assistance applicant or recipient, certain additional resource exclusions may be applied to the resources of an ineligible spouse and/or alien sponsor when determining the resource eligibility of an APAAdult Public Assistance applicant or recipient.

460-4 A.   RESOURCE EXCLUSIONS OF INELIGIBLE SPOUSE

Any retirement fund belonging to an ineligible spouse is excluded as a resource.  See APA MS 431-2G for a list of possible retirement funds the ineligible spouse may have.  

Example:

George Davis, who is not eligible for APAAdult Public Assistance , lives with his disabled wife, Mary Davis.  Mr. Davis owns a pension fund worth $55,000.  Exclude the pension fund belonging to Mr. Davis as a resource when determining Mrs. Davis' eligibility for APAAdult Public Assistance .

1. OTHER RESOURCE EXCLUSIONS

All resource exclusions that apply to the resources of an APAAdult Public Assistance applicant or recipient also apply to the combined resources of an APAAdult Public Assistance applicant or recipient and an ineligible spouse who lives with him or her.

Example:

A similar situation to the example in section 460-4A except that the couple's resources, in addition to the pension fund owned by Mr. Davis, include their home, one vehicle which is used for essential daily activities, a savings account belonging to Mr. Davis containing $1,300, and a joint checking account containing $970.

The pension fund is excluded under section 460-4A.  The home and the vehicle are excluded from countable resources by allowing the resource exclusions listed in manual section 432-1A and 432-2A.  No funds have been designated as burial funds.  The checking and savings accounts are both countable resources.  The couple's combined countable resources are $2,270 ($1,300 + $970 = $2,270).

460-4 B.   RESOURCE EXCLUSIONS OF ALIEN SPONSORS

The following resource exclusions are applied to the resources of an alien sponsor:

1. PENSION FUNDS

If the alien's sponsor is also the alien's ineligible spouse or parent, and that spouse or parent owns a pension fund, exclude the pension fund from resource determinations for the alien.  This exclusion does not apply to alien sponsors who are not the alien's ineligible spouse or parent.

2. OTHER RESOURCE EXCLUSIONS

Apply the same exclusions that apply to an APAAdult Public Assistance applicant's or recipient's resources to the resources of an alien's sponsor.