poverty law 1, mfip assets adjunct professor monica bogucki 2015 copyright

Poverty Law 1, MFIP Assets Adjunct Professor Monica Bogucki

2015 Copyright

Poverty Law 1, MFIP Assets Adjunct Professor Monica Bogucki

2015 Copyright

Why talk about assets?

▪Financial planners for low income people

What is the MDHS Certification for Combined Manual?

▪http://www.dhs.state.mn.us

General Rule for Assets: The equity value of all non-excluded real and personal prop. of assist. unit must not exceed $2,000 for applicants and

$ 5,000 for ongoing participants Minn. Stat. 256J.20 subd. 3

Before June 1, 2016

Effective June 1, 2016

The equity value of an assistance unit's personal propertylisted in clauses (1) to (4) must not exceed $10,000for applicants and participants. Minnesota Statute section 256P.02 subd. 2

Is the asset excluded or non- excluded?

▪What are examples of excluded assets?

Example▪Ann and Joe are married and jointly own

their home. She just obtained an Order for Protection against Joe. She is afraid to live in home for several months pending the outcome of the criminal charges against Joe. They are receiving MFIP-S.

▪Will the county count the home against her asset limit? Minn. Stat. 256J.20, subd. 2(a)(4)

Example▪Sally just went through a divorce. The

marital home was sold for $150,000. Her cash portion of the home is $ 50,000 She plans on downsizing. She is on MFIP-S, will the county count the $ 50,000 to her asset limit?

Example

▪Sally is thinking about investing her ▪$ 50,000 in a nice manufactured or

mobile home. She wants to know if this will be counted towards her MFIP-S asset limit?

▪Markeeta owns a home worth $ 75,000. Will this impact her eligibility for MFIP-S?

Vehicles

▪Licensed vehicle up to a TRADE-IN value of less or equal to $10,000.00

▪Minn. Stat. 256J.20, subd. 3

Marie and Donald have a Hyundai car with a $ 9500.00 trade-in value. They also have a second car Toyota with a $ 5,000 trade-in value. Will they be eligible for MFIP?

The Johnsons have a van with special medical adaptions for a wheelchair. They have a son with physical disabilities. The van has a trade-in value of $ 20,000. They need the van to transport him to medical appointments. Will they be eligible for MFIP?

The Michaels have a car with a NADA loan value of $ 17,000, but the car was totaled with hail damage? Would they be eligible for MFIP?

Example▪Jim is a single father of two children. He

recently lost his job and is receiving MFIP benefits. He has a high school education and has always wanted to become an electrician. He started his training this fall. He has $8,000 in school loans, grants and scholarships after paying for tuition, books for this semester.

▪ He wants to know if this will affect his MFIP- S benefits?

What would you advise the following family?

▪The Johnsons are ongoing MFIP recipients. They are getting

▪$ 6,000 in earned income tax credit (EITC) this year. They have:

▪ no savings, $1,000 consumer credit card debt,

▪a car worth $ 600.00.▪How long do they have to spend down the

EITC if they chose to spend it?▪What are their options?

What are the rules for legal availability?

▪The county agency must use the equity value of the legally available real and personal property.

▪The property is presumed to be legally available to the applicant or participant unless the applicant or participant documents that the property is not legally available. Minn. Stat. 256J.20 subd 1 (b)

Joint ownership

▪Jean has a joint checking account with her elderly mother. There is $ 2,000 in the account. Jean is a MFIP-S recipient. How will the county view this account?

Joint ownership

▪Jean has a joint checking account with her elderly mother. There is $ 2,000 in the account. Jean is a MFIP-S recipient. How will the county view this account?

Please advise Tom and Sally Jones▪Tom and Sally have two minor children, Sara and

Abbie. Tom is a carpenter and was injured on the job. He is now receiving a worker compensation settlement of $ 35,000. Tom and Sally have been on MFIP for 1 year.

▪They own their own home-principal balance is $ 40,000

▪Their car is worth $ 3500 and needs about $ 600.00 in repairs

▪See next slide for more information

More Information about Tom and Sally

• $3,000 in consumer debt• Tom wants to upgrade his tools for work $

700.00• $200.00 in savings• $25.00 in checking• No other liquid assets• What are their options?

Reporting Requirements

Duty to report changes within 10 days● Minnesota Statute 256J.30 subd 9

Verification issues

●Minn. Stat. 256J.32

Scenario• Marie and Joe have a nine-month old

baby. Marie and Joe lose their jobs due to a recent factory closing. They lose their home. They are living in a modest recreational vehicle that has no encumbrance against it. It is worth $14,000. They are participants in the MFIP-S program. Will the recreational vehicle count as an asset?

Laws effective June 1, 2016▪Ann and Joe are married and jointly own

their home. She just obtained an Order for Protection against Joe. She is afraid to live in home for several months pending the outcome of the criminal charges against Joe. They are receiving MFIP-S.

▪Will the county count the home against her asset limit? Minn. Stat. 256J.20, subd. 2(a)(4)

Laws effective June 1, 2016▪Sally just went through a divorce. The

marital home was sold for $150,000. Her cash portion of the home is $ 50,000 She plans on downsizing. She is on MFIP-S, will the county count the $ 50,000 to her asset limit?

Laws effective June 1, 2016

▪Sally is thinking about investing her ▪$ 50,000 in a nice manufactured or

mobile home. She wants to know if this will be counted towards her MFIP-S asset limit?

▪Markeeta owns a home worth $ 75,000. Will this impact her eligibility for MFIP-S?

Laws effective June 1, 2016

Marie and Donald have a Hyundai car with a $ 9500.00 trade-in value. They also have a second car Toyota with a $ 5,000 trade-in value. Will they be eligible for MFIP?

Laws effective June 1, 2016

The Johnsons have a van with special medical adaptions for a wheelchair. They have a son with physical disabilities. The van has a trade-in value of $ 20,000. They need the van to transport him to medical appointments. Will they be eligible for MFIP?

Laws effective June 1, 2016

The Michaels have a car with a NADA loan value of $ 17,000, but the car was totaled with hail damage? Would they be eligible for MFIP?

Laws Effective June 1, 2016

Laws effective June 1, 2016

▪Jim is a single father of two children. He recently lost his job and is receiving MFIP benefits. He has a high school education and has always wanted to become an electrician. He started his training this fall. He has $8,000 in school loans, grants and scholarships after paying for tuition, books for this semester.

▪ He wants to know if this will affect his MFIP- S benefits?

What would you advise the following family based on laws effective June 1, 2016?

▪The Johnsons are ongoing MFIP recipients. They are getting

▪$ 6,000 in earned income tax credit (EITC) this year. They have:

▪ no savings, $1,000 consumer credit card debt,▪a car worth $ 600.00.▪How long do they have to spend down the EITC if they

chose to spend it?▪What are their options?

Joint ownership-laws effective June 1, 2016

▪Jean has a joint checking account with her elderly mother. There is $ 2,000 in the account. Jean is a MFIP-S recipient. How will the county view this account?

Joint ownership-laws effective June 1, 2016

▪Jean and her elderly mother also have stocks in joint ownership.

▪The stocks are valued at $ 500.00▪How will the county view the stocks?

Please advise Tom and Sally based on laws effective June 1, 2016

▪Tom and Sally have two minor children, Sara and Abbie. Tom is a carpenter and was injured on the job. He is now receiving a worker compensation settlement of $ 35,000. Tom and Sally have been on MFIP for 1 year.

▪They own their own home-principal balance is $ 40,000

▪Their car is worth $ 3500 and needs about $ 600.00 in repairs

▪See next slide for more information

More Information about Tom and Sally

• $3,000 in consumer debt• Tom wants to upgrade his tools for work $

700.00• $200.00 in savings• $25.00 in checking• No other liquid assets• What are their options?

Please advise Marie and Joe based on the laws effective June 1, 2016

• Marie and Joe have a nine-month old baby. Marie and Joe lose their jobs due to a recent factory closing. They lose their home. They are living in a modest recreational vehicle that has no encumbrance against it. It is worth $14,000. They are participants in the MFIP-S program. Will the recreational vehicle count as an asset?