INACCESSIBLE RESOURCE (FSM)

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Generally, resources that are not legally available to the assistance group are considered inaccessible.

Resources (not including vehicles) are also considered inaccessible if they have a cash value over $2,000 and are offered for sale in good faith at a reasonable price by the household.

Resources (not including stocks, bonds, negotiable financial instruments, or vehicles) are considered inaccessible if the household is not able to sell the resource for a significant return, defined as more than one-half of the applicable resource limit for the assistance group. See also FSM 407, TREATMENT OF RESOURCES.

Inaccessible Business Loans: Any nonliquid asset is considered inaccessible when a lien has been placed against it as a result of taking a business loan, and the household is prohibited by the security or lien agreement with the creditor from selling the asset.

Resources of Battered Women and Children: Resources jointly owned by residents of a shelter for battered women and children and members of their former household are considered inaccessible to the shelter residents, unless an agreement exists with a member of the former household which gives the shelter resident safe access to jointly held resources.

Inaccessible Vehicles: A vehicle is considered inaccessible if the household is not able to sell the vehicle for a significant return, defined as more than $1500. See also FSM 407, TREATMENT OF RESOURCES.

Inaccessible Trust Funds: Trust funds— and income they generate—when not available to the household, are inaccessible to the household if they meet all of the following criteria:

• the trust arrangement is likely to continue for the certification period and no household member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period;

• the trustee of the fund is one of the following:

- a court;

- an institution, corporation, or organization which is not under the direction or ownership of any household member; or

- an individual appointed by the court (including a household member) who has court-imposed restrictions on use of the funds;

• trust investments made on behalf of the trust do not directly involve any business under the influence of a household member; and

• the funds held in an irrevocable trust are one of the following:

- established from the household’s own funds and used to make investments on behalf of the trust, or to pay educational or medical expenses of any person named by the household creating the trust; or

- established from nonhousehold funds by a nonhousehold member. There are no restrictions on what this type of trust may be used for.

HUD Family Self-Sufficiency (FSS) Program: The U.S. Department of Housing and Urban Development (HUD) pays a portion of income-related rent increases into an escrow account for future use of the household. Until HUD releases the money, consider it inaccessible to the household and exclude it as a resource.

When the household is given the escrow account, exclude the money from income as a nonrecurring lump sum payment.

Examples of inaccessible resources include:

• jointly owned property (see Jointly Owned Personal Property and Real Property);

• security deposits held by another; and

• property currently in probate.

Treatment: Excluded Resource

References: RSA 161:2, XIII; RSA 161:4-a, IV; RSA 167:4, I(a); RSA 167:7, IV; 7 CFR 273.8(d), (e)(3)(i)(G), (e)(8), (e)(15), & (e)(18); 7 USC 2014(g)(5)