4601 Ownership of Liquid Bank Accounts

When a food stamp household member holds a joint bank account or certificate of deposit with a member of another household and this ownership will make the household ineligible for food stamps, the caseworker must determine how much, if any, of the funds will be counted a resource to the household. This determination will generally be based upon ownership of the funds.

Ownership is defined as to have or to hold as property or to possess. Normally, a person is considered as the owner of funds in a bank account if that person earned, received, or was given the funds which were deposited into the account. For example, a food stamp household is not considered to be the owner of the funds in an account when no household member earned, received or was given any of the funds in the account.

The owner of the bank account is usually the one who deposits the money into the account or for whom deposits are made.

Example -An elderly client deposits her social security checks into a checking account each month. Her daughter's name has been added to the account. None of the daughter's funds have been deposited into the account. The client is the sole owner of the account.

There are exceptions.

Example -A legally married husband and wife are considered joint owners of the funds in a bank account as long as both names appear on the account. This is true regardless of which spouse deposits money to the account.

Ownership of funds in jointly owned bank accounts will be established through written statements from each of the joint owners. In the event that at least one of the joint owners cannot be located or refuses to cooperate, the caseworker will attempt to establish ownership of the funds in the account through collateral contact. Suggested sources of collateral contact include bank officers, attorneys, accountants or friends or relatives familiar with the arrangements of the co-owners of the bank account.

If no collateral contact familiar with the arrangement can be located or will cooperate, the household may be certified based only upon the written statements of any co-owner who is a household member. However, all efforts to obtain verification must be fully documented in the case record. Such documentation will also contain a statement of why any collateral contact received could not be used.

If none of the money is owned by the food stamp household but the owner states the household is permitted to use some or all of the money in the account, then count the amount that the household has been given permission to use. In this situation ownership is transferred to the food stamp household.