.08 Resources.

A. Availability of Resources.

(1) Except as otherwise provided by this regulation, the local department shall consider all resources available to the individual.

(2) If there is a potential resource, the individual, with the help of the local department as needed, shall:

(a) Take all possible steps to make the resource available; and

(b) Submit verification of efforts being made to obtain the resource.

(3) A resource is considered available only if the resource is actually at the disposal of the individual.

(4) Notes, mortgages, or other financial instruments that may be readily sold are considered available resources unless written rejection by a publicly known buyer of those items proves their lack of salability in the open market at a fair market value.

B. Countable Resources. Except as provide in §D of this regulation, countable resources are considered available to the individual.

C. Limitation. The resource limit for an individual in any month is $1,500, and includes the value of all countable resources.

D. Resources that are not counted against the $1,500 limitation are:

(1) The home, as provided by §E of this regulation;

(2) Household goods used in the home regardless of value, including basic items essential to day-to-day living such as clothing, furniture, implements for personal use, and other similarly essential items;

(3) Farm animals;

(4) Any motor vehicle, regardless of use or value;

(5) A life insurance policy that may be retained to meet current and future needs, except that if the individual has more than one life insurance policy, the local department shall:

(a) Disregard the cash-in value of the most valuable policy; and

(b) Count the cash-in value of the other policies toward the resource limit;

(6) The value of one burial plot; and

(7) The equity value of burial funds, as described in §F of this regulation.

E. Ownership of Home.

(1) The individual may retain the home only if the individual owns it and:

(a) Lives in the home;

(b) Plans to return to the home within 6 months from the date of application for assistance; or

(c) The individual's spouse lives in the home.

(2) The home includes the property on which the home is located.

F. Burial Funds.

(1) Funds set aside for burial shall be kept separate from other resources.

(2) Burial funds mixed with other resources shall be treated as nonexcluded resources.

(3) Interest earned on excluded burial funds is also excluded from resources if allowed to accumulate and become part of the set-aside burial fund.

(4) The burial fund exclusion shall be reduced by the:

(a) Face value of insurance policies if the cash surrender value of policies has been excluded from resources; and

(b) Insurance amounts in an irrevocable trust, or other irrevocable agreement, available to meet burial expenses.

G. Equity Value. Equity value is the value of an item on the open market less legal debts against the item being valued.

H. Transfer of Resources.

(1) Resources transferred during the eligibility period with the intent to defeat the purpose of the law and without the consent of the local department shall be considered a possible:

(a) Resource affecting current eligibility; and

(b) Fraud or intentional program violation that might have reduced or canceled the eligibility period or defeated recovery provisions.

(2) Transfer of resources within 3 months before filing an application for TDAP benefits is handled according to COMAR 07.03.01.06.

I. Receipt of Lump Sum Income. Lump sum income is treated as provided in Regulation .09 of this chapter.

J. The treatment of resources of the sponsor of a legal immigrant is the same as for an applicant or recipient of assistance in the Temporary Cash Assistance (TCA) program under COMAR 07.03.03.15.