calfresh handbook resources [63-501] 15. resources [63-501] · 2014. 10. 22. · revised: 10/22/14...

CalFresh Handbook page 15-1Resources [63-501]

15. Resources [63-501]

15.1 Requirements And Limits

15.1.1 Categorically Eligible (CE) Households [63-301.7]

CE households are NOT subject to CalFresh resource limits. [Refer to “CE HH Determination [63-301.7],” page 11-2 for additional information.]

15.1.2 Modified Categorically Eligible (MCE) Households

Households that have been conferred MCE eligibility are not subject to resource limits. [Refer to “Modified Categorical Eligibility (MCE),” page 11-5] for additional information.

15.1.3 Nonassistance Households [63-409.12]

Nonassistance households must not exceed the maximum allowable nonexempt property limit for liquid and nonliquid resources combined, which is:

• $3,250 for a household with a member who is disabled OR 60 years of age or older, including one person households. [Refer to “Elderly or Disabled [63-102(e)(i)],” page 9-1 for the definition of disabled used for resources.]

• $2,250 for all other households, including one person households.

15.1.4 New Applicant Households [63-503.11, 63-503.211]

Determine the value of a new applicant household's resources as of the date of the eligibility interview. Do not use the application filing date.

Example:A household applies for CalFresh on July 25 and is interviewed on August 3. The household had $2,500 in resources on July 25, but after paying rent and other bills, has only $1,500 left on the day of the interview. The

Update #14-11 Revised: 10/22/14

2 CalFresh HandbookResources [63-501]

household does not have anyone 60 or older. The household is resource eligible for both July and August because its resources are below the $2,250 limit on the date of the interview.

A household whose resources exceed the limit on the date of the eligibility interview must be denied. This applies even when the household expects to “spend down” its resources to an amount lower than the CalFresh resource limit later in the same month. The household should reapply when its resources are below the limit.

Example:A household applies for CalFresh benefits on March 3. The household is interviewed on March 10. At that time, it has $2,400 in resources. No one in the household is 60 or older. The head of household expects to pay $300 in bills on March 11. This will bring its resource total down to $2,100 below the $2,250 limit. Deny the March 3 application on March 10 due to excess resources. The household should reapply on March 11, since it will be resource eligible then.

15.1.5 Currently Certified Households

Property eligibility is only determined every six months. Determine the value of a currently certified household's resources as of the last day of the data month. If property/resources reported on the SAR 7, together with resources already used to establish eligibility, exceed the property limit, the EW must discontinue the household at the end of the SAR Submit Month, with a timely and adequate notice. However, if the household provides verification prior to the effective date of discontinuance that their resources have dropped below the resource limit, the discontinuance must be rescinded and benefits reinstated.

Note:No other assessment of property eligibility can be made for that SAR Payment Quarter. The EW must not act on voluntarily reported mid-period changes in property that decrease benefit or result in discontinuance.

If the household acquires property in excess of the property limit during the SAR Submit Month, or the first month of the upcoming SAR Payment Period, the household remains eligible for the entire SAR Payment Period.

Example:(SAR Period January through June) The CalFresh household submits a timely and accurate SAR 7 for May on June 5. The EW determines that the recipient is property eligible in the SAR Data Month of May. On June 20, the household receives $3,000 as a gift. The $3,000, if considered, would make the household ineligible. However, the

Revised: 10/22/14 Update #14-11


household is not required to report the money until the next RC is due (in December). If the household reports the money sooner, the EW cannot take any action to discontinue the case for exceeding the property limit; therefore the household remains eligible for the SAR Payment Period of July through December.

Example:(SAR Period: May through October) A household report they received $3,500 in lottery winnings on the SAR 7 for the SAR Data Month of September. The EW discontinues benefits effective at the end of the SAR Submit Month (October 31) with a timely notice based on the household’s property ineligibility. On October 28, the household notifies the EW that they used their winnings to pay for overdue bills. The household provides verification of the payment on the bills. Because the household’s resources are now below the property limit, the EW must rescind the discontinuance and determine benefits for the new SAR Payment period (November through April) based on the information reported on the September SAR 7.

15.1.6 Excluded Persons [63-503.44]

Include the resources of the following excluded household members in the property reserve:

• Ineligible ABAWDS• Ineligible noncitizens.• SSN disqualified household members.• Persons disqualified for Intentional Program Violation.• Persons disqualified for failure to comply with work requirements.• Fleeing felons, probation and parole violators.• Disqualified felony drug convicted household members.

15.1.7 Nonhousehold Members

Exclude the resources of nonhousehold members, unless jointly owned with household members.

15.1.8 Joint Ownership

A jointly owned resource will be considered available in its entirety to the CalFresh household, unless the household can demonstrate that the resource is inaccessible.



If the household can demonstrate that it has access to only a portion of the resource, only the value of that portion of the resource will be considered for CalFresh eligibility.

If the total joint combined resources have been used to determine SSI/SSP eligibility, the joint resources are not used when determining CalFresh eligibility based on inaccessibility of those resources. If the portion of used to determine SSI/SSP eligibility is unknown, divide the total resources to determine eligibility in the CalFresh by the total number of household members (including the SSI/SSP recipients) and multiply by the number of FS eligible members./

The resource will be considered totally inaccessible to the household if the resource cannot practically be subdivided and the household's access to the value of the resource is dependent on the agreement of a joint owner who refuses to comply.

15.2 Countable Resources

15.2.1 Liquid Resources [63-501.1]

• Cash, savings and checking accounts, savings certificates, trust deeds, notes receivable.

• Stocks and bonds.

• Nonrecurring lump sum payments:

• Cal-Learn bonuses for a good report card or high school graduation• CalWORKs homeless payments for temporary or permanent housing• CalWORKs diversion payments if the payment is not defined as assistance• Child support COLLECTED by the Department of Child Support Services

(DCSS) in a month in which the household (HH) is NOT on CalFresh which is issued to the HH in a later month when the HH is on CalFresh

• Insurance settlements• Gate money or release allowance given to an inmate/parolee upon his/her

release from prison• Lottery winnings received in a single payment• Rebates or credits• Rental or security deposit refunds• Retroactive Social Security or Railroad retirement • Tax refunds



• Vacation pay received in a single payment after employment ceases.

• Retroactive public assistance payments (subtract the current month benefit):

• Approval of an application • Supplemental or Corrective Payments for a previous month • Ordered by the Court.

15.2.2 Nonliquid Resources

• Personal property.• Buildings, land and recreational properties (including outside the U.S.A.).• Rental and vacation homes, even if used only on a seasonal basis.

15.2.3 Equity Value

The value of nonexempt property is determined by establishing the equity value of the property:

Fair Market Value

- Encumbrance

----------------------

= Equity Value

15.3 Exempt Resources [63-501.3]

The resources shown on the following three charts are exempt (excluded) for CalFresh households.



15.3.1 Personal or Real Property

EXEMPT RESOURCE ADDITIONAL INFORMATION OR RESTRICTIONS

BATTERED WOMEN'S SHELTER RESIDENTS - SOME RESOURCES

Exempt for a woman alone or with children who temporarily resides in a shelter for battered women and children if:

• Resources are jointly owned with members of the former household from which the resident fled, and

• Resident's access to jointly owned resources requires the consent of both the resident and members of the former household.

BURIAL PLOTS Exempt one per household member.

CALWORKS RECIPIENT RESOURCES

Exempt any resource, or portion of a jointly owned resource, that was counted or exempt for CalWORKs eligibility.

CALWORKS RESTRICTED ACCOUNTS

Exempt as long as the household member is a CalWORKs recipient.

Exception: Non-qualifying withdrawals on restricted accounts are counted towards the FS resource limit.

EDUCATION ACCOUNTS Exempt all funds in a tax-preferred education account. This includes funds in a 529 College Savings Plan or in a 530 Coverdell Education Savings account.

HOME AND SURROUNDING PROPERTY

Remains exempt during temporary absence due to:

• Employment • Training for future employment • Illness • Uninhabitability caused by casualty or natural disaster

Household must intend to return to the home.

HOUSEHOLD GOODS Such as furniture or appliances.

IDA (INDIVIDUAL DEVELOPMENT ACCOUNT)

Exempt for any period, as long as the household member maintains or makes contributions into the account.

INACCESSIBLE RESOURCES [Refer to “Inaccessible Resources,” page 15-13.]

INDIVIDUAL RETIREMENT ACCOOUNT (IRA)

Exempt. See Retirement Accounts/Plans in this table.

IRREVOCABLE TRUST FUNDS

[Refer to “Irrevocable Trust Funds,” page 15-14 for conditions which MUST be met for Trust Fund to be Exempt.]

KEOGH PLAN FUNDS Exempt. See Retirement Accounts/Plans in this table.

LIFE INSURANCE Exempt the cash surrender value of whole life insurance policies.

MEDICARE DRUG DISCOUNT CARD PROGRAM

Exempt any discount and/or credit received through the Medicare Prescription Drug Card Program.



NONLIQUID ASSETS WITH A LIEN

Exempt when the lien was placed as a result of a business loan and the security agreement or lien prohibits the household from selling the asset(s).

PERSONAL PROPERTY/ EFFECTS

Personal property is a household’s possession (other than vehicles, land, buildings, etc.) which is NOT used in the household’s self-employment enterprise. Personal property/effects include but are not limited to clothing, jewelry, heirlooms, pets, musical instruments, cameras, printers, fax machines, portable car phones, computers, collectibles (books, stamps, antiques,etc.).

PROPERTY (REAL OR PERSONAL) DIRECTLY RELATED TO THE USE OF SOME EXEMPT VEHICLES

[Refer to “Vehicles,” page 15-23]

PROPERTY ESSENTIAL TO THE EMPLOYMENT OR SELF-EMPLOYMENT OF A HH MEMBER

This includes:

• Farmland • Work-related equipment, tools, or machinery • Business resources that are separate and identifiable (such as a

checking account), unless that resource is commingled or no longer identifiable

• Property exempt for self-employed farming will continue to be exempt for up to one year after that self-employment ceases.

PROPERTY (REAL OR PERSONAL) WHICH PRODUCES INCOME CONSISTENT WITH ITS FAIR MARKET VALUE

• Exempt even if property is only used seasonally

• Includes rental or vacation homes

• [Refer to “Income-Producing Property [63-501.3d],” page 15-16]




RESTRICTED ACCOUNTS For FS recipients only: Exempt all funds in a restricted account at a financial institution. The funds must be retained for one or more specific purposes in order to be excluded as a resource:

• Purchase of a home• Education or training• Start-up of a small business.

Non-qualifying withdrawals from the restricted account are considered a resource and are no longer exempt. The household’s resources must be reevaluated for resource eligibility purposes for the next quarter, for Quarterly Reporting households or for the month following in which the withdrawal occurred, for Change Reporting households.

For Public Assistance households, making a new application of CalFresh benefits, a restricted account will be treated as it would be treated in the CalWORKs Program. It is excluded as a resource CalFresh.

Note: Funds held in a restricted account are not exempt as a resource at application. However, if there is no break-in-aid for a TFS case reapplying for regular FS benefits, the funds in the restricted account are exempt at application for the regular FS benefits. Continued receipt of TFS and conversion to regular FS without a break-in-receipt of benefits is considered an ongoing FS household and eligibility for the exemption of the restricted account is ongoing.




RETIREMENT ACCOUNTS/PLANS

The cash value of retirement accounts/plans are excluded from resources. The following types of retirement savings and pension plans are excluded:

• 401(a) plans, commonly referred to as “tax qualified plans” include:

• Traditional Defined Benefit Plan, • Cash Balance Plan, • Employee Stock Ownership Plan, • Keogh Plan,• Money Purchase Pension Plan, • Profit-Sharing Plan, • Simple 401(k) Plan, and • 401(k) Plan.

• 403(a) plans, which are similar to 401(a) plans but are funded through annuity insurance;

• 403(b) plans which are tax-sheltered annuities or custodial account plans provided for employees of tax-exempt organizations and state and local educational organizations,

• 408 plans, which are traditional Individual Retirement Accounts (IRAs)

• 408(k) plans, which are commonly referred to as Simplified Employee Pension Plans (SEPs)- these are considered IRAs by banks and the IRS,

• 408A plans, which are Roth IRAs where qualified distributions are tax-free,

• Eligible 457 plans (plans for state and local governments and other tax-exempt organizations),

• Eligible 457(b) plans (plans for state and local governments and other tax-exempt organizations),

• 501(c)18 plans that were created before June 25, 1959 for union members who make contributions to their retirement plan,

• 529 plans which are commonly referred to as College Savings Plans (CSP)

• 530 plans which are commonly referred to as Education Savings Account (ESA)

• Federal Thrift Savings plans as provided by Title 5 U.S.C. Section 8439, and

• Any successor retirement accounts that are exempt from federal taxes.

VEHICLES




15.3.2 Benefits and Funds


ENERGY ASSISTANCE PAYMENTS

Exempt payments made under any federal, state, or local law for energy assistance, including Low Income Energy Assistance Program (EAP) payments.

SELF-EMPLOYMENT FUNDS (from prorated self-employment income)

Exempt funds (such as checking or savings accounts) whether maintained exclusively for business purposes or commingled with nonexempt resources if:

• Derived from prorated self-employment income, or • Necessary to produce self-employment income.

Exempt only for the period of time over which self-employment income is prorated.

STUDENT FINANCIAL AID PAYMENTS

Exempt funds prorated as student income. (When commingled in an account with nonexempt funds, these resources remain exempt only for the period of time over which they were prorated as income.)

Exempt if issued under:

• Title IV of the Higher Education Act

• The Bureau of Indian Affairs Student Assistance Programs

• Title XIII, Indian Higher Education Programs, Tribal Development Student Assistance Revolving Loan Program (Tribal Development Student Assistance Act).

• Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 (P.L. 101-392) and earmarked by the lender for, used for, or intended to be used for educational expenses (per the Standard Student Budget) at a:

• High school • High school equivalency program • Vocational school • Post-secondary school (college).

VETERANS BENEFITS IMPROVEMENT AND HEALTH CARE PAY DEDUCTIONS

Exempt the amount by which the basic pay of an individual is reduced under the Veterans Benefits Improvement and Health Care Authorization Act of 1986 (PL 99-576, Sec. 303[a][i]).

WORK INVESTMENT ACT (WIA) FUNDS

Do not exempt WIA earnings received for on-the-job training unless the trainee is:

• Under 19 years of age, and • Under parental control.

Exempt all other WIA income, (training allowances, need-based payments).



15.3.3 Exempted by Federal Law


AGENT ORANGE PAYMENTS

Exempt payment made under the Agent Orange Settlement Fund or any other fund established to settle claims under the Agent Orange Compensation Act of 1989.

DO NOT exempt Veteran's Administration (VA) benefits for Agent Orange-caused disabilities. [Refer to “Income Definitions and Exemptions,” page 19-1.]

ALEUT RESIDENT RESTITUTION PAYMENTS

Paid to residents of the Pribilof Islands and the Aleutian Islands west of Unimak Island under the Aleutian and Pribilof Islands Restitution Act for injustices suffered while under United States control during World War II.

AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) PAYMENTS

One-time payments of $250 paid to recipients of:

• Social Security• Supplemental Security Income/State Supplementary Payment

(SSI/SSP)• Railroad Retirement and• Veterans Disability Compensation or Pension benefits.

CHILD CARE PAYMENTS Exempt only those payments from the following sources. (The exemption applies only to the individual who incurs the costs of child care, and does not apply to the child care provider.)

• At Risk Block Grants• Child Care and Development Block Grant

DISASTER ASSISTANCE PAYMENTS

EXEMPT:

• Federal major disaster and emergency assistance issued under the Disaster Relief Act of 1974, and

• Comparable assistance provided due to a disaster by states, local governments, and disaster assistance organizations.

DISASTER GOVERNMENT PAYMENTS TO RESTORE A HOME

Exempt any government payment designated to restore a home damaged in a disaster if the household is subject to sanction if funds are not used for this purpose.

Includes, but is not limited to payments from:

• Department of Housing and Urban Development through the individual and family grant program

• Disaster loans• Small Business Administration grants.

DISASTER UNEMPLOYMENT ASSISTANCE (DUA) PAYMENTS

Paid only when a natural disaster has been declared by the President of the United States. (Checks have a “greenish” background.)



EARNED INCOME TAX CREDIT (EITC) PAYMENTS

Exempt an advance payment or a lump sum from resource consideration for 12 calendar months starting with the month of receipt of the payment.

FILIPINO VETERANS EQUITY COMPENSATION

Exempt the one time payment of up to $15,000 for certain veterans who served in the military of the Government of the Commonwealth of the Philippines during World War II and their spouse.

INDIAN LANDS Exempt land that:

• Is held jointly with the tribe

• Can only be sold with the approval of the Department of Interior's Bureau of Indian Affairs.

INDIAN PAYMENTS [Refer to “Indian Payments [63-506],” page 15-18.]

JAPANESE ANCESTRY RESTITUTION PAYMENTS

Paid under the Civil Liberties Act of 1988 to persons interned during World War II.

NATIONAL AND COMMUNITY SERVICE ACT TITLE I PAYMENTS

Exempt payments from these programs except earnings of an emancipated minor or a household member who is over 18:

• Serve America • American Conservation and Youth Corps• Higher Education Program • Service-Learning Program • Americorps • National Civilian Community Corps • Summer for Safety Program • School-to-Work Opportunities Program.

NAZI PERSECUTION VICTIM PAYMENTS

RADIATION EXPOSURE COMPENSATION TRUST FUND PAYMENTS

Exempt payments made under the Radiation Exposure Compensation Act of 1990 for certain diseases caused by radiation exposure.

RICKY RAY HEMOPHILIA RELIEF ACT FUND PAYMENTS

Exempt payments (allowances) received under Public Law 105-369 by individuals who have contracted HIV due to contaminated blood products used in the medical treatment of their blood-clotting disorder.

SPINA BIFIDA ALLOWANCES (PAYMENTS)

Exempt payments (allowances) received under Public Law 104-204 by Vietnam veterans’ children who are born with Spina Bifida.

UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICY ACT OF 1970 REIMBURSEMENTS




15.4 Inaccessible Resources

15.4.1 Exemption [63-501.3h]

Exempt the cash value of a resource which is inaccessible to the household. This includes, but is not limited to:

• Nutritional Assistance Program (NAP) benefits

• Irrevocable trust funds

• Security deposits on rental property or utilities

• Property in probate

• Real property which the household is making a good faith effort to sell at a reasonable price and which has not been sold.

VOLUNTEER PAYMENTS Exempt only those payments issued under the following programs:

• Title I of the Domestic Volunteer Services Act, only if the individual was already receiving CalFresh or federal CalWORKs when they joined the volunteer program. Include payments from:

• VISTA • University Year for Action • Urban Crime Prevention Program.

• Title II of the Domestic Volunteers Act, including:

• Retired Senior Volunteer Program (RSVP) • Foster Grandparents • Senior Companion Program.

• Senior Community Service Employment Volunteer Program (SCSEP) under Title V of the Older Americans Act, including:

• Green Thumb • National Council on Aging • National Council of Senior Citizens • American Association of Retired Persons (AARP)• U.S. Forest Service • National Association for Spanish-Speaking Elderly• National Urban League National Council on Black Aging.




• Property unlikely to produce significant funds or return if sold (this exemption does not apply to financial instruments such as stocks, bonds, or legally binding promissory notes.)

15.4.2 Verification

The following verification must be required for an inaccessible resource:

• Cash value• Inaccessibility of the resource

15.4.3 Nutritional Assistance Program (NAP)

Nutritional Assistance Program (NAP) benefits issued in the U.S. territories of Puerto Rico, American Samoa, and the Commonwealth of the Northern Marinas are inaccessible in the United States. NAP benefits must be treated as inaccessible resources for CalFresh applicants.

15.4.4 Irrevocable Trust Funds

All of the following conditions must exist to exempt a trust fund or income from a trust fund which is inaccessible.

1. TRUSTEE The trustee administering the funds is either:

• A court; or

• An institution, corporation or organization which is not under the direction or ownership of any household member; or

• An individual appointed by the court who has court-imposed limitations placed on their use of the funds.

2. SOURCE/ PURPOSE

The funds are either:

• Established from nonhousehold funds by a nonhousehold member regardless of how the funds will be used; or

• Established from the household's own funds if the trustee uses the funds solely to make investments on behalf of the trust or to pay the educational or medical expenses of any person named by the household creating the trust.

3. LENGTH The trust arrangement is not likely to end during the certification period.



15.4.5 Property Unlikely to Produce Significant Funds or Return

Exempt property that, if sold or otherwise disposed of, is unlikely to produce a “significant amount of funds” or a “significant return”, except for the following property:

• Financial instruments (stocks, bonds, legally binding promissory notes, etc.).

Significant Amount of Funds

A “significant amount of funds” is over $1500.

Significant Return

A “significant return” is an estimated value (based on the household's ownership interest in the property) which is over $1500 after subtracting the estimated cost of the sale or disposition of the property.

Example:A household owns 1/6 interest in a time share which has a total appraised value of $11,000. The cost of selling the time share is $1,000. The household's resource limit is $2,000

$11,000 Estimated time share value

– 1,000 Estimated sales cost

----------

$10,000 Estimated return

$10,000 Estimated return - HH's 1/6 interest = $1,666.67 HH share The household's estimated return on the time share sale is $1,666.67 which exceeds the $1500 limit. Therefore, the sale of the household's portion of the time share is likely to produce a “significant amount of funds”, and the time

4. HOUSEHOLD CONTROL

No household member has the power to:

• Revoke the trust arrangement; or

• Change the name of the beneficiary during the certification period.

The trust investments do not directly involve or assist any business or corporation under the control, direction or influence of a household member.



share cannot be exempt. The full amount of the household's interest in the time share (without the sales or disposition cost) must be counted as a resource. This is computed as shown below. 1/6 of $11,000 Estimated time share value = $1,833.33 HH share.

15.4.6 Combat Zone Pay

If the combat zone pay is accessible to the CalFresh household solely for the purposes of paying the service person’s bills and the household cannot use the funds for its own purposes, these funds are considered inaccessible and are excluded as a resource.

Exception:If the CalFresh household has full access to the combat zone pay and can use it for it’s purposes, it must be counted as a resource for the household.

Verification

The inaccessibility of the combat zone funds can be verified with:

• a written statement from the service person, • a statement from the involved financial institution or • other means of attesting to the fact (i.e. sworn affidavit from the household).

15.5 Income-Producing Property [63-501.3d]

Property, whether real or personal, may be excluded as a resource whenever that property annually produces income consistent with its Fair Market Value (FMV).

Deductions are not subtracted before the FMV is determined.

Use the newspaper classifieds, local tax assessors, local realtors, the Small Business Administration, or the Farmers' Home Administration to determine the rate of rental for similar property.



Note:This monthly rate is determined only for the months in which the property is income producing.

Example:Ms. Grey owns a cabin in Mt. Shasta. She rents it during the winter and the summer, and uses it as a vacation home during the spring and the fall. Ms. Grey states that she rents the cabin for a total of eight months during the year at $250 a month. Ms. Grey brings a newspaper clipping indicating that cabins in Mt. Shasta rents for $235 to $265 per month, not including utilities, for six months out of the year. The receipt of rent is verified. The property is determined to be annually producing income consistent with its FMV and is exempt as a resource for the entire year. The case is documented to verify how the determination was made.

Note:Income received from income-producing property must be treated as self-employment income. Expenses allowed include, but are not limited to: - Interest on payments - Taxes - Insurance



15.5.1 Indian Payments [63-506]

General Exemptions

The following payments are exempt as a resource.

EXEMPTIONADDITIONAL INFORMATION/RESTRICTIONS

Indian Child Welfare Act child and family service grants

Includes grants for:

• Family assistance • Day care • After school care • Respite care • Recreational activities • Home improvement • Employment of domestic relations and child

welfare personnel • Education and training.

Indian Claims Commission judgement or Claims Court payments

Issued under PL 93-134, PL 97-458, or PL 98-64.

Funds must have been:

• Distributed in payments of $2,000 or less per person, or

• Held in trust according to an approved plan, or

• As of 1/12/83, to have been distributed in payments of $2,000 or less per person, or

• Distributed according to a plan approved by Congress from 1/1/82 through 1/11/83 (exempt also any purchases made with this money), or

• Trust fund payments of $2,000 or less per person from funds held in trust by the Secretary of the Interior.

Indian trust or restricted land payments Exempt up to $2,000 per person in each calendar year.

Old Age Assistance funds Exempt amounts of $2,000 or less paid to the heirs of deceased Native Americans under the Old Age Assistance Act (PL 98-500, Sec. 8).



15.5.2 Tribal Exemptions [63-506]

Payments issued to members of the following tribes are exempt.

TRIBAL GROUP/NATION APPLICABLE FEDERAL LAW

Alaskan Natives Alaska Native Claims Settlement Act under:

• PLa 92-203, Sec. 29, or • PL 100-24, Sec. 15, or • Sac and Fox Indian Claims Agreement Pl 94-189,

Sec. 6.

Apache Tribe of the Mescalero Reservation

Payments from the Indian Claims Commission under PL 95-433, Sec. 2

Assiniboine Tribe PL94-114, Sec. 6 payments of sub-marginal land held in trust by the U.S.

Assiniboine Tribes, Montana PL 97-408

Assiniboine Tribe of the Fort Belknap Indian Community and the Fort Peck Indian reservation, Montana

PL 98-124, Sec. 5

Bad River Band of the Lake Superior Tribe of Chippewa Indians of Wisconsin

PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Blackfeet Tribe PL97-408


Cherokee Nation of Oklahoma PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Cheyenne River Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Chippewas of Lake Superior PL 99-146, Sec. 6(b)

PL 99-377

Chippewas of the Mississippi PL 99-146, Sec. 6(b)

PL 99-377

Crow Creek Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Devils Lake Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Fort Belknap Indian Community PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Fox Claim agreement payments under PL 94-189



Grand River Band of Ottawa PL 94-540

Grosventre PL 97-408

Hopi PL 93-531, Sec. 22

Independent Seminole Indians of Florida Payments of $2000 or less per person to satisfy a judgement of the Indian Claims Commission (PL 101-277)

Indian Tribal Members PL 94-114, Sec. 6 payments for submarginal land held in trust by the U.S.

Keweenaw Bay Indian Community PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Lac Corte Oreilles Band of Lake Superior Chippewa Indians


Lower Brule Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Miccosukee Tribe of Indians of Florida Payments of $2000 or less per person to satisfy a judgement of the Indian Claims Commission (PL 101-277)

Minnesota Chippewa Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Navajo PL 93-531, Sec. 22

PL 94-114, Sec. 6 payments for submarginal land held in trust by the U.S.

Oglala Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Papago Tribe, Arizona PL 97-408

Passamaquoddy Maine Indian Claims Settlement Act of 1980 (PL 96-420, Sec. 9 c)

Penobscot Maine Indian Claims Settlement Act of 1980

Puyallup Tribe Puyallup Tribe of Indians Settlement Act of 1989 (PL 101-41, Sec 10(b) and (c)

Red Lake Band of Chippewa Indians PL 98-123

Rosebud Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Sac Claim agreement payments under PL 94-189

Saginaw Chippewa Indians of Michigan PL 99-346, Sec. 662




15.6 Property Used to Maintain Some Exempt Vehicles

15.6.1 Exemption [63-501.3p]

Exempt real or personal property related to the use or maintenance of a licensed vehicle which is excluded.

For real property, exempt only that portion which is related to the vehicle's use or maintenance.

These exemptions will continue to apply when the vehicle is not in use due to temporary unemployment (such as when a taxi driver is ill and cannot work, or when a fishing boat is frozen in and cannot be used).

Seminole Nation of Oklahoma Payments of $2,000 or less per person to satisfy a judgement of the Indian Claims Commission (PL 101-277)

Seminole Tribe of Florida Payments of $2000 or less per person to satisfy a judgement of the Indian Claims Commission (PL 101-277)

Seneca Nation Seneca Nation Settlement Act of 1990 (PL 101-503, Sec. 8[b])

Shoshone-Bannock Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Standing Rock Sioux Tribe PL 94-114, Sec. 6 payments for sub-marginal land held in trust by the U.S.

Turtle Mountain Band of Chippewas, Arizona

PL 97-403

Yakima Payments from the Indian Claims Commission under PL 95-433, Sec. 2

White Earth Band of Chippewa Indians, Minnesota

White Earth Reservation Land Settlement Act of 1985 (PL 264, Sec. 16)

a. PL = Public Law




Example:A household which owns a produce truck to earn its livelihood is prohibited from parking the truck in a residential area. The household owns a 100-acre field and uses a quarteracre of the field to park and service the truck. The quarteracre is exempt because it is directly involved in the vehicle's use and maintenance. The remainder of the 100-acre field is not exempt under this provision.

15.6.2 Verification

Verify only if questionable and/or inconsistent with other known facts. Use the following guidelines if more information is needed to establish eligibility:

RESOURCE ACCEPTABLE VERIFICATION

Savings, checking, time certificate, and credit union accounts

Send an “Authorization for Release of Information -Financial Institutions (CSF 17) to bank or credit union.

Stocks, municipal bonds, commodities Use current newspaper quote (document as to newspaper, date and quote). Call stockbroker for current estimate and document answer.

Trust deeds View original papers. Get current statement from trustor (manager of fund).

Nonrecurring Lump Sums Award letter - actual payment check - inquiry to original source of payment.

15.7 Value Determination

15.7.1 Regulation

Count the equity value of a nonexempt resource. To determine the equity value, subtract encumbrances (amount owed) on the property from its fair market value (FMV).



15.7.2 Personal Property [63-301.5]

Determine the countable value of nonexempt personal property by following the steps below.

STEP ACTION

1. Determine the fair market value by obtaining two appraisals from reputable dealers and average the two appraisals.

2. Subtract encumbrances (amount owed on the property) to determine the property's equity value.

15.8 Vehicles

15.8.1 Regulation

All vehicles are excluded.

15.9 Transfer of Resources

15.9.1 Regulation [63-501.6]

Deny or discontinue CalFresh to any household if a member of that household (including an illegal noncitizen or disqualified person) has:

• Transferred resources to qualify for or remain eligible for benefits.

• The amount of the transferred resource added to other resources would result in ineligibility.

• Transferred resources three months prior to application or while currently in receipt of benefits.



15.9.2 Transfer of Resources Exceptions

The following transfers do not affect eligibility:

• Resources which are transferred for reasons other than qualifying for CalFresh.

• Resources transferred between members of the same household.

• Resources which are sold or traded at or near fair market value.

• Resources which are exempt for CalFresh eligibility.

15.9.3 NOA

Households which are determined to have transferred resources for the purpose of qualifying for CalFresh must be denied. The denial NOA must contain:

• The reason for disqualification.• The length of disqualification period.

15.9.4 Disqualification Period

Begin the disqualification period for a:

• New applicant household in the month when the transfer of funds is discovered.• Continuing household on the first of the month after a 10-day Notice of Action

(NOA) is sent.

To determine the length of the disqualification period, first calculate the amount which exceeds the resource limit as follows:

Nonexempt transferred resources + Other countable resources ------------------------------------ = Resource total – Resource limit for household -------------------------------------- = Amount which exceeds resource limit



Once the amount in excess is determined, match it to the number of months listed under Period of Disqualification in the chart below.

Amount in excess of resource limit Period of Disqualification

$0 - 249.99 1 month

250 - 999.99 3 months

1000 - 2999.99 6 months

3000 - 4999.99 9 months

5000 + 12 months

A one-person household with a $1,750 bank account transferred ownership of stock worth $1250. The value of the transferred asset would have exceeded the $2,000 resource limit by $750 as shown below. Based on the chart above, these household will be disqualified for three months.

Step 1. $1,750 Bank account

+ 1250 Countable stock value

---------

$3000 Total resources

---------

Step 2. $3000 Total resources

-2,250 Resource limit

---------

$750 Amount in excess of resource limit


calfresh handbook resources [63-501] 15. resources [63-501] · 2014. 10. 22. · revised: 10/22/14...

Documents