An individual must have some form of ownership interest in property in order for the property to be considered a resource. The fact that an individual has access to property, or has a legal right to use it, does not make it a resource if there is no ownership interest (SI 01110.100).

An individual must have a legal right to access property. Despite having an ownership interest, property cannot be a resource if the owner lacks the legal ability to access funds for spending or to convert noncash property into cash (SI 01110.100).

The fact that an owner does not have physical possession of property does not mean it is not their resource, provided the owner still has the legal ability to spend it or convert it to cash. However, see SI 01140.240 if a U.S. Savings Bond is involved.

Even with ownership interest and legal ability to access property, a legal restriction against the property's use for the owner's own support and maintenance means the property is not their resource (SI 01110.100).

We consider that an individual has free access to, and unrestricted use of, property even when they can take those actions only through an agent; e.g., a representative payee, guardian, etc. (SI 01120.020).

When there is a legal bar to sale of property (e.g., if a co-owner legally blocks sale of jointly-owned property), we do not require an individual to undertake litigation in order to accomplish sale or access. The property is not a resource under such circumstances in a month if a legal bar exists as of the first moment of that month.

If State law requires that funds in a conservatorship account be made available for the care and maintenance of an individual, we assume, absent evidence to the contrary, that funds in such an account are available for the individual's support and maintenance and are, therefore, that individual's resource. This is true despite the fact that the individual or their agent is required to petition the court to withdraw funds for the individual's support and maintenance. See SI 01140.215 for instructions concerning conservatorship accounts.

1. a. 

   Situation - In response to unstated income development, John Hart, an SSI recipient, explains that their sibling, Ted, who lives in an adjacent State, allows John access to Ted's bank account in emergencies. John Hart says John withdrew funds to pay an overdue utility bill to avoid shutoff.

   The CR confirms that the account is titled “Ted Hart by Ted Hart or John Hart.” John Hart states that John uses the funds solely for John's own benefit and not as an agent for their sibling.

2. b. 

   Analysis - Even though John Hart has unrestricted access to the account and can use the funds at John's own discretion, the funds are not John's resources because John has no ownership interest in them. The title of the account clearly designates Ted Hart as sole owner. However, whatever funds John withdraws from Ted's account are John's income in the month of withdrawal.

3. c. 

   Situation - A member of an Indian tribe states that they have several items, valued at several thousand dollars, that they would not sell because they are ceremonial in nature (clothing and beadwork). The CR questions them about the items and determines they were “entrusted” to them by the tribe for safekeeping.

4. d. 

   Analysis - In order for an asset to be a resource for SSI, the individual must have an ownership interest in the asset. Since the individual in the above situation does not own the ceremonial items, they are not their resources.

1. a. 

   Situation - At the time of their divorce in 1989, Thomas, an SSI recipient, was sole owner of the house in which their ex-spouse and their two young children are living. Under the terms of the divorce decree, Thomas must pay the taxes on the property and maintain it as a home for their ex-spouse and the children until the younger child reaches age 18 in 1997. The decree also specifies that they are free to sell the property only after the younger child's eighteenth birthday.

2. b. 

   Analysis - Although Thomas clearly owns the property, they are legally barred from converting it to cash to be used for their own support and maintenance until 1997. Therefore, it is not their resource until the month following the month of their younger child's eighteenth birthday.

1. a. 

   Situation - As a gift from their parents, Tom Brown, an SSI recipient, and their ineligible sibling received some shares of stock valued at $3,000. The stock certificates show that the siblings are joint tenants (SI 01110.510 C.2.), but the siblings have a legally binding agreement that one will not sell without consent of the other. The CR confirms that Tom's sibling will not consent to sell.

2. b. 

   Analysis - Normally, the gift would be valued under the income rules in the month of receipt and the resources rules thereafter. However, since Tom's sibling will not consent to sale of the stock, Tom's share of the stock is not income in the month of receipt nor resources thereafter since it cannot be used for Tom's support and maintenance. If Tom's sibling consents to sell, Tom's share would be a countable resource beginning with the month following the month that consent was given.

1. a. 

   Situation - During a posteligibility review, the CR learns that George Jones, an adult SSI recipient, is co-owner along with their parent of U.S. Savings Bonds with a face value of $3,500. The CR learns that George's parent bought the bonds over a period of years with their own money and designated George as co-owner. The bonds are in the parent's safe deposit box to which they will not give George access under any circumstances.

2. b. 

   Analysis - The CR questions George's parent and confirms that they will not give George the bonds under any circumstances. George's parent states that, under the terms of their will, George can take possession of the bonds only after they (the parent) dies. Generally, lack of physical possession of an otherwise liquid resource does not affect its status as a resource. However, physical possession of savings bonds is a legal requirement for cashing them. Although George is a legal owner, they cannot legally redeem the bonds for their own use. Therefore, they are not their resources.

1. a. 

   Situation - Bob Warfield, an SSI recipient, was injured in an automobile accident. A court awarded them damages of $10,000 to be used solely for medical expenses related to the accident.

2. b. 

   Analysis - Although Warfield owns the funds and has direct access to them, they are not legally free to use them for their own support and maintenance. Therefore, the award funds are neither income nor resources.

1. a. 

   Situation - Barbara Bradley, resident of a State institution, receives SSI payments of $30 per month through their representative payee. Bradley has $8,460 in a bank account which includes conserved SSA funds. The account title shows Bradley as owner with access to the funds through their representative payee. However, Bradley's payee is also an officer of the institution where Bradley lives and State law prohibits use of the funds for support and maintenance provided by a State institution under these circumstances unless the agent (payee) is also the individual's legal guardian.

2. b. 

   Analysis - Since Bradley cannot use the funds for their own support and maintenance, either directly or through their representative payee, the funds are not their resources. The accumulated funds would become their resources and would be included in determining their resource eligibility beginning with the month following that in which:

   • •

     Bradley's payee also becomes their legal guardian;

   • •

     Bradley becomes their own payee or acquires a payee who is not an officer of the institution; or

   • •

     Bradley moves out of the institution into the community.

   The accumulated funds would not be counted as income in the month Bradley first becomes able to use the funds for their own support and maintenance, since Bradley does not “receive” new funds. Instead, they obtain the right to use an asset for their support and maintenance,making that asset a resource for SSI purposes.

1. a. 

   Situation - Andrea Matthews, a disabled SSI recipient, has been separated from their ineligible spouse for 5 years. Matthews and their spouse own a summer cottage in another State as tenants-by-the-entirety. Their spouse lives in the cottage and refuses to sell.

2. b. 

   Analysis - If Matthews were to take action to dissolve the marriage, they would, as a tenant-in-common,have the right to market their interest in the property without their ex- spouse's consent. However, since we do not require litigation to obtain access, the property is not a resource unless their spouse changes their mind about the sale. Therefore,the cottage is not Matthews' resource.

   Even if Matthews could market their ownership interest in the cottage,the cottage would be excluded from countable resources if its sale would cause undue hardship for their spouse due to loss of housing (SI 01130.130).

See SI 01140.215.

1. a. 

   Situation - Art Tyler, a disabled SSI recipient, has $5,000 in a savings account. Tyler's legal guardian informs the CR that the guardian must petition the court whenever they wish to withdraw funds for Tyler's care. The guardian adds that the court has never denied them permission to withdraw funds on Tyler's behalf.

2. b. 

   Analysis - The CR refers to regional instructions on “conservatorship” accounts. The instructions confirm that State law requires that funds in such accounts be made available for the care and maintenance of the incapable owner, that the guardian must act in a way consistent with State law, and that the court is exercising its oversight responsibility appropriately.

   The CR properly concludes that the funds are accessible by petition (as opposed to litigation) and so are Tyler's resources.