TN 1 (11-96)
SI 01220.200 Spouse Ineligible Under State Plan in December 1973
In the case of an individual who meets the conditions in SI 01220.100, but whose eligible or ineligible spouse does not meet such conditions, countable resources are determined as follows:
The Federal resource limitation and exclusions for an individual and eligible spouse or an individual living with an ineligible spouse are used if their use allows eligibility.
If use of the Federal resource limitation and exclusions does not allow eligibility, the resource limitation and exclusions for an individual as in effect under the approved State plan for October 1972 are used. If the individual is eligible under the State plan, the individual/couple meets the SSI resource eligibility requirements (even though the spouse may not otherwise be eligible).
1. Example of Federal resources rules being used
A recipient lives in State X which has a resource limit of $2,000 for an individual and $2,800 for a couple. Upon conversion to the SSI rolls in January 1974, the individual retains the right to have resources up to $2,000 rather than adopting the SSI resource limit. In May 1974 the recipient acquires a spouse who was not eligible under a State plan for December 1973 but who is now eligible for SSI. The couple's total countable resources are now $2,175, which is over the State's allowable resource limit of $2,000 for an individual. Therefore, the Federal resource limit and exclusions for a couple would be applied because their use allows eligibility.
2. Example of State rules being used
A recipient lives in State Y which has a resource limit of $1,000 for an individual and $2,000 for a couple and which excludes from resources income-producing real property. Upon conversion to the SSI rolls in January 1974 the individual retains the right to have the State resource exclusions and limitations applied. The individual's spouse is also SSI eligible but was not eligible under a State plan for December 1973. The couple owns income-producing real property valued at $12,700 and has $500 in a bank account. Since they would be ineligible under Federal resource rules, the State rules for an individual are applicable, i.e., the couple's resource limit is $1,000 and income-producing real property is excluded.