WAG 07-01-04-c
When the family has not sold the property by the end of the 6-month period, compare the equity value to the asset limit. If the equity value combined with other nonexempt assets exceeds the asset limit, the case is ineligible for cash benefits.
If property is jointly owned, and a court order requires a division of money from the sale, use only the client's share of the equity value as stated in the court order. If there is no court order, consider the entire amount of the equity value as available to the client.
If the property is not sold during the 6-month period or the case becomes ineligible during the period for another reason (e.g., income, failure to cooperate, etc.), do not refer an overpayment based on the equity value of the property. There is no overpayment based on the equity value of the property as long as the client is making a good faith effort to sell the property.
There is no overpayment based on the equity value until the property is sold. The Family Community Resource Center does not have to track canceled cases to control for the sale of property.
If the family reapplies for cash benefits after the original 6-month period is over and the property is not sold, review total assets. If assets exceed the asset limit, deny the application for cash benefits due to excess assets. Do not exempt the same property a 2nd time.
If the family reapplies after the 6-month period and the property is sold, determine if there is an overpayment due to the 6-month delay. An overpayment exists for the amount of cash benefits paid during the 6 months that the asset was exempted.
