A land contract must be evaluated according to the
requirements of each assistance category. Property which is being sold on contract is to be entered on screen AERRP.
2615.55.05 Land Sales Contract (S)
Sales contracts for the sale of land or buildings are not counted as resources to the owner of the contract if it is
producing income consistent with its fair market value. (f20)
2615.55.10 Land Sales Contract (C)
When an applicant/recipient is the owner of a contract for the sale of real property, the equity value of the contract is counted toward the resource limit of the AG.
The equity value is equal to the principal balance remaining to be paid on the contract, which is referred to as a land contract or installment contract.
EXAMPLE:
A TANF applicant contracted to sell a piece of real estate for $15,000. To date, $8700 has been paid on the principal. The remainder, $6300, is considered a resource to the applicant.
The equity value of a contract is to be considered a resource except when the contract contains a clause that prohibits the owner from selling or transferring the
contract. In such an instance, the equity value is exempt. However, the portion of the periodic payment that represents payment toward the principal is counted as a resource.
2615.60.00 VEHICLES
Each assistance program has different requirements for considering vehicles. Requirements may differ between the categories. The following sections describe how to
determine the resource value of vehicles.
2615.60.05 Definition of Vehicle (S, C)
A vehicle is any conveyance that provides transportation or conveyance of persons or goods from place to place.
Automobiles, trucks, vans, motorcycles, mopeds, boats, snowmobiles, and so forth are classified as vehicles.
2615.60.10 Exempt Vehicles (S)
Federal regulations allow States to align vehicle exemptions with other programs. In Indiana, SNAP rules match the Child Care Program guidelines in determining values for vehicles. All vehicles are basically considered as exempt if used for or intended to be used for household transportation.
Therefore, most vehicles should be coded as household transportation unless the AG claims the vehicle is
specifically used for another purpose. For example: an AG states the car is a classic and only used to take to car shows.
Some vehicles are totally exempt as a resource for other reasons. The entire value of any licensed vehicle is excluded if one of the following applies: (f21)
The vehicle is used primarily (over 50% of the time the vehicle is used) for income producing purposes.
Vehicles that meet these criteria and are owned by farmers remain exempt as a resource for one year from the date that self-employment from farming is
terminated.
The vehicle annually produces income consistent with its fair market value, even if used only on a seasonal basis.
The exemptions will also apply during temporary periods of unemployment when the vehicle is not in use; for example, if a taxi driver is ill or if a fishing boat is frozen in the harbor.
The vehicle is necessary for long distance travel, other than daily commuting, that is essential to the employment of an AG member, such as the vehicle of a traveling salesperson or a migrant farm worker
following the work stream.
The vehicle is used as the AG's home. If the AG has a disabled member requiring transportation, that AG is entitled to vehicle
exclusion. The exemption is limited to one vehicle per physically disabled member.
A member is considered to be disabled if the individual meets the criteria in Section
3210.10.25.05. A member is also considered to be disabled if the Eligibility Worker determines that the individual has a permanent or temporary
physical disability. If the person appears to be disabled, no further verification is required. If the person does not appear to be disabled and a physical disability is claimed, then the AG shall be required to provide a statement from a
physician.
The value of vehicles necessary to carry the primary source of fuel for heating or water for home use is exempt. This exception is only allowed when it is anticipated that the transported fuel or water will be the AG's primary source of fuel or water during the certification period. The AG should not be required to provide verification of the use of the vehicle unless the basis for the exclusion is questionable.
The value of vehicles used for household transportation regardless of the value, license or mechanical
condition of the vehicle, are exempt. The caseworker and the client must assign a scrap or junk value for inoperable vehicles that are not used for
transportation. The book value assigned by the system must not be used for these vehicles.
2615.60.10.05 Non-Exempt Vehicles (S)
All licensed vehicles not exempted for a reason in Section 2615.60.10 shall individually be evaluated for fair market value. See Manual Section 2605.25.05 for instructions in determining the fair market value of vehicles.
All non-exempt licensed vehicles which are not used for transportation shall be assigned both a fair market value in excess of $4650 and an equity value. Equity value is fair market value (FMV) minus any liens. The greater of the two amounts is counted as a resource.
2615.60.10.10 Unlicensed Vehicles (S)
An unlicensed vehicle which is not exempt is to be evaluated for equity value. The equity value is counted toward the AG's resource level.
2615.60.15 Treatment of Vehicles (C)
Each AG is allowed an exclusion of $5000 of the equity in one vehicle. Equity is the vehicle's fair market value less any liens.
If more than one vehicle is owned, the equity in each
vehicle is to be determined. Since the $5000 disregard can be applied to only one vehicle, it is to be applied to the vehicle with the highest equity value. No amount is
excluded from the equity value of the remaining vehicle even if the value of the first vehicle is less than the $5000 disregard.
2615.60.25 Recreational Vehicles and Equipment
Recreational vehicles such as campers, trailers, and boats must be counted according to their current equity value. If the recreational or other vehicle serves as the AG's home, it should be evaluated according to the guidelines in Sections 2620.15.05 and 2620.15.10.