| FSC Manual
08/01/98 |
4100
Summary For the purpose of determining eligibility for the
Food Stamp Program, resources are defined as assets available to the
household such as money in bank accounts, certificates of deposit, stocks, bonds, land or
houses that the household could sell. Vehicles are also considered to be
resources.
Some assets are totally excluded from consideration as resources. Other
assets are considered inaccessible if the household can demonstrate that the asset is not
available and will not likely become available.
Households may not transfer resources to become eligible or remain
eligible for food stamp benefits.
|
| FSC Manual
08/01/98 |
4200
When Resources are Determined At initial application and at
application for recertification, resources are determined at the time of the interview. If
the household's countable resources exceed the limits at the time of the interview,
the application will be denied. The household may reapply at any time. When the household reapplies,
resources will be re-determined at the time of the next interview. See [FSC 12230] for handling reported changes in resources. |
| FSC Manual
01/01/03 |
4300
Resource Eligibility Standards A household's eligibility
will be denied or terminated when the value of the household's countable resources (both
liquid and non-liquid assets) exceed the following:
- $3,000 for all households with an aged or a
disabled (as defined in the [Glossary],
definition of Aged/Disabled Household) member regardless of household size;
OR
- $2,000 for all other households.
A household where at least one member receives a
TEA benefit as specified in FSC 1920 is categorically eligible
and the Food Stamp Program’s resource limits will not apply to that
household.
If no household member receives TEA benefits,
the household is classified as categorically eligible only if all
household members receive SSI benefits. If not all household members
receive SSI benefits, the entire household is not categorically
eligible. However, the individual household members who receive SSI
benefits are categorically eligible. This means that any resources
solely owned by an SSI recipient are not to be counted when the
household’s total resources are determined, but all resources owned
by the other household members are to be counted. If the resources
owned by household members who do not receive SSI exceed the resource
limit, the entire household (including the SSI recipient) is
ineligible to participate in the Food Stamp Program. Co-owned
resources will not automatically be excluded under this policy.
Instead, the resource will be handled in the same manner as any other
jointly owned resource. See [FSC 4910] and [FSC
4601] for instructions.
|
| FSC Manual
08/01/98 |
4310
Uniform Resource Standards Resource standards are uniformly
applied to all households except those in which all members are recipients of TEA and/or
SSI. Except for categorically eligible households, all resources currently held by the
household and all resources anticipated to be received during the certification period
must be reported at the time of the interview. |
| FSC Manual 01/01/03 |
4400
Excluded Resources A general list of excluded resources is
provided below. Each excluded resource is explained in detail in the sections of policy
immediately following.
- The household's home and lot. ([FSC
4410])
- Household and personal goods. ([FSC
4420])
- Life Insurance policies and pension funds.
([FSC 4420])
- Certain vehicles. ([FSC
4840])
- Property essential for the maintenance or use of certain excluded vehicles.
([FSC 4430])
- Income producing property. ([FSC
4440])
- Payments that are excluded as a resource by
law. ([FSC 4450])
- Resources owned by a SSI recipient in a mixed household.
([FSC 4300])
- Resources owned by the members of a
categorically eligible household ([FSC 4300])
- Earmarked resources. ([FSC
4460])
- Indian lands and certain payments to
Indians. ([FSC 4460])
- Burial lots, limited to one per household member.
([FSC 4460])
- Prepaid burial plans to the extent that the
funds in such a plan are inaccessible. ([FSC
4602])
- Inaccessible resources. ([FSC
4500])
- Educational Income ([FSC
4450] & [FSC 4460])
The resource exclusions in [FSC 4410-4580] apply
to all eligible household members, ineligible aliens, and disqualified household members:
|
| FSC Manual 10/01/91 |
4410
Home and Lot
The home and lot is the household's residence and any surrounding property not separated
from the residence by intervening property owned by others. Rights-of-way, such as roads
that run through the property surrounding the home, do not affect the exemption. Other
structures on the homestead will be evaluated to determine if they can be excluded as
described here.
If the other structure is a house (or mobile home) that is habitable (has indoor
plumbing facilities, running water and is livable), then the house (not the land on which
it sits) will be counted as a resource provided it is not income producing. If the
utility company has turned off the water, the house will be considered as having
"running water".
If the other structure is a building that is not a traditional house, it will be
considered as an excluded resource i.e., tool sheds, corncribs, woodsheds, barns,
etc
If these structures produce income (i.e. rental payments), this income
is not excluded, and is treated in accordance with
[FSC 5715].
The residence and surrounding property remain excluded when temporarily unoccupied for
the following reasons:
- Employment
- Training for future employment
- Illness of a household member
- Inhabitability caused by casualty or natural disaster, if the household plans to return
to the residence.
A household that does not currently own a home receives an exclusion if: a) the
household owns or is purchasing a lot on which they intend to build or are building a
home, and b) they plan to reside in the home. The exclusion applies to the value of the
lot and home if partially completed. There is no limit to the partial completion of the
home. There is no limit to the size of the lot if the lot is not separated by intervening
property owned by others, nor are there any limits to the period of time in the future
when the household plans to build the home.
Verification of the value of the home and lot must be obtained if the
information given by the household about the home and lot affects eligibility and is
questionable. All circumstances surrounding this decision must be documented.
|
| FSC Manual
10/01/08 |
4420
Household
and Personal Goods/Life Insurance
10-01-08
The
following items will be excluded when determining countable resources:
1.
Household goods such
as, but not limited to, appliances, microwaves, lawn mowers, garden
tractors, furniture and TV satellite dishes.
2.
Personal
effects such as, but not limited to, tools, jewelry and clothing.
3.
The cash value of
life insurance policies.
4.
Prepaid burial
policies and plans to the extent the funds in such a plan are
inaccessible.
NOTE:
Any amount that can be withdrawn (less a $1,500 per person
disregard)
from prepaid burial plans without a contractual obligation to repay
will be
counted as a resource for FOOD STAMP PROGRAM purposes. See FSC
4602.
5.
Livestock.
|
|
FSC
Manual
10/01/08 |
4421
Pension or Retirement Funds
10-01-08
Tax-preferred
retirement accounts (e.g., IRAs) and employer sponsored retirement
accounts are excluded as countable resources in determining FOOD STAMP
PROGRAM eligibility. This includes any
funds in a plan, contract, or account, described in sections 401(a),
403(a), 403(b), 408, 408A, 457(b),
and 501(c)(18) of the Internal Revenue Code of 1986 and the value of
funds in a Federal Thrift Savings Plan account as provided for in 5
U.S.C. 8439. It also provides for the exclusion of any successor
retirement accounts that are exempt from Federal taxes.
The
chart on the following page provides guidance on pension or retirement
accounts based on the Internal Revenue Code of 1986.
|
Resource
Excluded Retirement Accounts/Plans
|
|
Retirement
Plan of Account Type
|
What
is it?
|
Authorized
Under
|
|
401(k) plan
|
Defined-contribution
plan that allows employees to contribute to their accounts from
their salary or wages on a pre-tax basis (with earnings
tax-exempt until withdrawn). Employee may or may not contribute.
|
Section
401(a) of the Internal Revenue Code
|
|
403(b) plan
|
Tax-sheltered
annuity of custodial account plan offered by certain tax.
|
Section
403(b) of the Internal Revenue Code
|
|
457 plan
|
401(k)-type
plan offered by state and local governments and non-profit
organizations.
|
Section 457
of the Internal Revenue Code
|
|
501(c)(18)
|
401(k)-type
plan offered mostly by unions. Had to be set up prior to June
1959; now largely obsolete.
|
Section
501(c) (18) of the Internal Revenue Code
|
|
Cash Balance
Plan
|
Employer-based
hybrid plan that combines features of defined-benefit and
defined-contribution plans.
|
Section
401(a) of the Internal Revenue Code
|
|
Federal
Employee Thrift Savings Plan
|
401(k)-type
plan offered by the federal government to its employees.
|
Section 8439
of Title 5 of the
US
Code
|
|
Individual
Retirement Account (IRA)
|
Vehicle
for tax-deferred retirement saving controlled by individuals
rather than employers. Many IRAs were previously employer-based
accounts that individuals converted into an IRA treatment.
|
Section 408
of the Internal Revenue Code
|
|
Keogh Plan
|
Informal
term for retirement plan available to self-employed people.
|
Section
401(a) of the Internal Revenue Code
|
|
Pension or
traditional defined-benefit plan
|
Employer-based
retirement plan that promises a certain benefit upon retirement,
regardless of investment performance.
|
Section
401(a) of the Internal Revenue Code
|
|
Profit
Sharing Plan
|
Employer-based
defined-contribution plan under which employer contributions may
(but need not) be linked to profits. May provide 401(k)
accounts.
|
Section
401(a) of the Internal Revenue Code
|
|
Roth IRA
|
Similar
to an IRA but with different income limits and tax treatment.
|
Section
408(A) of the Internal Revenue Code
|
|
SIMPLE
401(k)
|
401(k)-type
plan available only to small businesses.
|
Section
401(a) of the Internal Revenue Code
|
|
SIMPLE IRA
|
Employer-based
IRA available only to small business.
|
Section 408
of the Internal Revenue Code
|
|
Simplified
Employer Plan
|
Employer-sponsored
plan available only to small businesses; allows employers to
contribute to employee accounts that essentially function as
IRAs.
|
Section 408
of the Internal Revenue Code
|
|
| FSC Manual
07/01/01 |
4430 Property
Related To the Use of Excluded Vehicles
Real or personal property that is directly
related to the maintenance or use of a vehicle will be excluded as a
resource if that vehicle is excluded as a resource because it is:
- Annually producing income consistent with its
fair market value; or
- Used primarily (over 50 percent of the time
that the vehicle is used) for income producing purposes such as,
but not limited to taxis, trucks, or fishing boats; or
- Used to transport a physically disabled
household member.
Only that portion of real property actually
involved in the maintenance or use of an excludable vehicle is to be
excluded under these provisions.
Example 1 A
household owns a one-acre field but only uses 1/4 of that acre to park
and maintain equipment for a self-employment enterprise. Only
the 1/4-acre actually in use will be excluded. If the one-acre
tract is worth $1,000, 1/4 of the value is $250. $250 would be
excluded as a resource. $750 would be counted as a resource.
This method of determining the amount of
resource exclusion is not affected by state or local zoning laws or by
the household's ability to convert the property to a cash resource.
Example 2 The
household in example 1 above declares that the one-acre tract they own
is in an incorporated industrial area. They state that local
laws prevent them from selling anything less than the full one-acre
tract. In spite of this, only the $250 amount for the 1/4-acre
actually used will be excluded as a resource. $750 will be
counted as a resource.
|
| FSC Manual
04/01/90 |
4440
Income Producing Property Income producing property is one
of the following.
- Property that annually produces income consistent with its fair market value, even if
only used on a seasonal basis. (For example, farmland
that is rented only during the crop season would be excluded for
the entire year). See
[FSC 4441] for instructions on determining fair market value.
- Property that is essential to the employment or self-employment of a household member.
(For example, farmland that is used by a household member to produce a crop
of tomatoes that is sold to a cannery would be excluded as
essential to self-employment.)
- Rental homes used by households for vacation purposes at some time during
the year so long as the property annually produces income consistent with
its fair market value.
- Work related equipment such as, but not
limited to, the tools of a tradesman or the machinery of a farmer,
which is essential to the employment or self-employment of a household member.
NOTE: Tools are excluded either as personal property or income
producing property.
Property essential to the self-employment of a household member engaged
in a farm operation may be excluded as a resource for one year from the date the farm
operation is terminated. The exclusion extends to vehicles used in the farming operation ([FSC 4430]) as well as land and machinery used in the operation.
5. Installment contracts payable to the household. See
[FSC 4570] for
instructions on excluding installment contracts when the purchaser has defaulted on the
agreement.
|
| FSC Manual
07/01/01 |
4441
Determining if Income is Consistent with Fair Market Value When
a county office worker must determine if property is producing income
consistent with its fair market value, the property's fair market
value will be based on the prevailing rate of return in the area where
the property is located or used.
Example: A house rented for $200 a month is considered to be producing
income consistent with fair market value if similar houses in the same area rent for about
the same amount.
When the worker cannot determine whether property is
producing income at the prevailing rate of return based upon information furnished by the
household, a knowledgeable source may be contacted. A knowledgeable source should, by
virtue of his professional experience, be able to determine if the property is producing
income consistent with fair market value. (For real property located in Arkansas, the
assessed value times 5 will be used as the fair market value. See [FSC
4712] for additional information.) Local realtors, local FHA or Small Business
Administration Offices or the tax assessor should be knowledgeable of the value of real
property located outside Arkansas. Local car dealers should know the value of vehicles.
The knowledgeable source will be provided with the appropriate
information and asked to determine if the property is producing income at the prevailing
rate of return. Households that disagree with the assigned fair market value or
prevailing rate of return may provide verification of these items.
NOTE: Property excluded as a resource because it is essential to
employment does not have to produce income consistent with fair market value. For example,
land used by a farmer does not have to produce any countable income to be excluded.
|
| FSC Manual
01/01/07
|
4450
Resources Excluded by Law The current list of resources
excluded by Federal statute includes the following items.
- As authorized by the Low-Income Home
Energy Assistance Act (P.L. 99-425), the amount of home energy
assistance payments or allowances provided directly to or on
behalf of a household.
- Benefits received from the Special Supplemental Food Program for Women, Infants and
Children (WIC) under P.L. 92-443, Sec. 9 and P.L. 100-435, which amended Section 77(m)(7)
of the Child Nutrition Act of 1966
.
- Reimbursement from the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646, Sec. 216),
- Payments to Indian tribes as specified below
:
- Payments received by the Confederated Tribes and Bands of the Yakima Indian Nation and
the Apache Tribe of the Mescalero Reservation from Indian Claims Commission as designated
under P.L. 95-433, Sec. 2
- Payments to the Passamaquoddy Tribe and the Penobscot Nation or any of their members
received pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420, Sec. 5);
- Payments received from the disposition of funds to the Grand River Band of Ottawa
Indians (P.L. 94-540);
- Payments received under the Alaska Native Claims Settlement Act (P.L. 92-203, Sec. 21(a)
and Section 15 of P.L. 100-241, Alaska Native Claims Settlement Act
Amendments of 1987 or the Sac and Fox Indian Claims Agreement (P.L. 94-189);
- Payments received by certain Indian tribal members under P.L. 94-114, Sec. 6, regarding
submarginal land held in trust by the United States.
- Payments of relocation assistance to members of the Navajo and Hopi Tribes under P.L.
95-531.
- Payments to the Turtle Mountain Band of Chippewas, Arizona (P.L. 97-403);
- Payments to the Blackfeet, Grosventre, and Assiniboine tribes (Montana) and the Papago
(Arizona) (P.L. 97-408);
- Per capita and interest payments made to the Assiniboine Tribe of the Fort Belknap
Indian Community and the Assiniboine Tribe of the Fort Beck Indian Reservation (Montana)
(P.L. 98-124, Section 5);
- Per capita and interest payments made to the Red Lake Band of Chippewas (P.L. 98-123,
Section 3, 10/13/83);
- Payments to the Saginaw Chippewa Indian Tribe of Michigan (P.L. 99-346, Section 6(b)
(2));
- Per capita payments to the Chippewas of Mississippi (P.L. 99-377, Section 4(b), 8/8/86);
- Payments to heirs of deceased Indians under the
Old Age Assistance Claims Settlement Act except for per capita shares in excess of $2,000 (P.L. 98-500,
Section 8, 10/17/84);
- Payments to the Puyallup Tribe of the State of Washington (P.L. 101-41, 6-21-89); and
- Payments under the White Earth Reservation Land Settlement Act of 1985 to the White
Earth Band of Chippewa Indians in Minnesota (P.L. 99-264)
- Payments under the Seneca Nation Settlement Act of 1990 to members of the Seneca Nation
(P.L. 101-503).
- Funds appropriated in satisfaction of judgements awarded to the Seminole Indians in
dockets 73, 151, and 73-A of the Indian Claims Commission (P.L.
101-277)
- Funds distributed or held in trust for members of the Chippewas of Lake Superior (P.L.
99-146).
- Assistance paid under P.L. 95-608, the Indian Child Welfare Act of 1978.
- Payments to the Confederated Tribes of the Colville Reservation under the Grand Coulee
Dam Settlement Act (P.L. 103-436).
- Funds appropriated in satisfaction of
judgements awarded to the Seminole Indians by the indian Claims
commission (P.L. 101-277)
- Distributions under the Michigan Indian Claims
Settlement Act, Section 111, to the Ottawa and Chippewa Indians of
Michigan (P.L. 105-143)
- Per capita payments of $2,000 and less made under Public Law 98-64 to Native Americans
from judgment awards and funds held in trust by the Secretary of the Interior and
purchases made with certain per capita payments to specific tribes or bands of Indians
.
This exclusion applies on a per person and not a per household basis. It applies
individually to each payment regardless of how frequently the payments are made and
regardless of the number of months for which the payment is made. When such payments are
deposited in a bank or financial institution, the funds remain excluded. The length of the
exclusion period will be determined by the type of funds in the account. See
[FSC 4960].
The purchase exclusion extends only to purchases of property with funds
distributed to Native Americans after December 31, 1981, but before January 12, 1983,
under a plan approved by Congress. The exclusion applies to initial purchase only and not to subsequent purchases.
Property remains excluded only as long as the person who originally
received the exclusion holds the property. Since more than one per capita
payment may have been received during the period from December 31, 1981 to January 12,
1983, the total exclusion allowed for the property
may exceed $2,000.
- Certain payments made to Vietnam veterans
and/or children of Vietnam veterans.
This includes:
- Payments authorized under P.L. 101-239, the
Omnibus Reconciliation Act of 1989, Section 10405, the Agent
Orange Settlement fund or any other fund established pursuant to
the settlement in the Agent Orange product liability litigation,
M.D.L. No 381 (E.D.N.Y.)
- Any monetary allowances paid under P.L.
104-102, Section 1805(d), to a child of a Vietnam Veteran for
any disability resulting from spina bifida suffered by such
child.
- Any monetary allowances paid under P.L.
106-419, Section 1815 (a), to any individual with one or more
covered birth defects if he or she is a child of a female
Vietnam veteran.
- Payments to U.S. citizens of Japanese
ancestry and permanent resident Japanese aliens or their survivors
under the Civil Liberties Act of 1988 (P.L. 100-383).
-
Federal and other disaster relief payments. This resource exclusion
applies to disaster relief payments received from the Federal
Emergency Management Assistance (FEMA) under P.L. 93-288, Sec. 312
(d) as amended by P.L. 100-707, Section 105 (i) the Disaster Relief
and Emergency Assistance Amendments of 1988. (NOTE: Not all FEMA
payments are classified as disaster relief.) This resource exclusion
applies to Federal assistance provided to persons directly affected
and to comparable disaster assistance provided by states, local
governments, and disaster assistance organizations. For payments to
be excluded, the disaster or emergency must be declared by the
President. This resource exclusion also applies to Disaster
Unemployment Assistance paid as a result of a major disaster and to
Disaster Relief Employment. See
FSC 5405, items 16 and 17 for additional information.
- Payments received through the Radiation Exposure Compensation Act, P.L. 101-426, Sec. 6
(h) (2), 10/15/90
. This law establishes a program to compensate individuals for
injuries or deaths resulting from exposure to radiation from nuclear testing and uranium
mining in Arizona, Nevada and Utah.
- Income amounts necessary for the fulfillment of a PASS (Plans for Achieving
Self-Support) under Title XVI of the Social Security Act. See
FSC 4460 for additional IDA exclusions
- The value of assistance to children under P.L. 89-642, Section 11(b) of the Child
Nutrition Act of 1966 and P.L. 79-396, the National School Lunch Act
.
Under P.L. 100-435 which amended section (17)(m)(7) of this act,
coupons that may be exchanged for food at a farmer's market may also
be excluded.
- Payments under P.L. 107-171, the Food Stamp
Reauthorization Act of 2002, all student financial assistance.
See
[FSC
1622.3]
- Payments made to individuals because of their status as victims of Nazi persecution
under P.L. 103-286
.
- Earned Income Credits payments received as a
lump sum or as payments under Section 3507 of the Internal Revenue
Code by any household member. ) A Federal earned income tax
credit received either as a lump sum or as payments under section
3507 of the Internal Revenue Code is excluded for the month of
receipt and the following month for the individual and that
individual's spouse. Any Federal, State or local earned income tax
credit received by any household member is excluded for 12 months,
if the household was participating in the Food Stamp Program at the
time of receipt of the tax credit and if the household participates
continuously during that 12-month period. Breaks in participation of
one month or less due to administrative reasons, such as but not
limited to, delayed recertification or missing or late reports is
not considered as nonparticipation in determining the 12-month
exclusion
- Under P.L. 103-22, compensation made to crime victims as authorized by the Crime Act of
1984
.
- Under P.L. 99-576, Veteran's Benefits and
health Care Authorization Act of 1996, any amount by which the basic
pay of an individual is reduced to comply with this law.
- Funds, including interest accruing, in an
individual development account under the TANF block grant program
will be excluded during any period the individual maintains or makes
contributions into such an account (P.L. 104-193).
- Funds, including interest accruing, in an
individual development account (IDA) under the TANF block grant program
will be excluded during any period the individual maintains or makes
contributions into such an account(P.L. 104-193). See FSC 4460 for
additional IDA exclusions.
- Funds in Department of Housing Urban
Development's (HUD) Family Self-Sufficiency Program escrow accounts
are excluded as resources when determining eligibility for food
stamps. When a Family Self-sufficiency program participant has
an increase in earnings, the public housing authority increases his
or her rent, but deposits the increase in an interest bearing
account. When the participant successfully completes the program and
can verify that no household member is receiving welfare assistance,
he or she receives the funds in the account. Funds may be
withdrawn from the escrow account before completing the program with
permission from the housing authority, but only for purposes related
to goal of the FSS contract, e.g.-completion of higher education,
job training or start up costs of a small business. Since the
funds in the escrow accounts, as well as any funds withdrawn from
them prior to completion of the program are not available to buy
food, the funds are inaccessible-thus excluded as resources.
|
| FSC Manual
01/01/03 |
4451
Move to FSC
4300
01/01/03
|
| FSC
Manual
10/01/08 |
4460
Other Excluded Resources
10/01/08
Burial
Lots
One
burial lot per household member will be excluded as a resource.
Cash
and Counseling Demonstration
Money
received from the Cash and Counseling Demonstration for Medicaid
recipients is excluded as a resource. This program provides cash to
certain Medicaid recipients so that they can purchase personal care
services.
Earmarked
Resources
Earmarked
resources are governmental payments such as those made by the
Department of Housing and Urban Development through the Individual and
Family Grant Program or disaster loans or grants made by the Small
Business Administration. Earmarked resources must be designated for
the restoration of a home damaged in a disaster, and the
household must be subject to a legal sanction if the funds are not
used as intended.
Educational
Income
Educational income
will be excluded as a resource in its entirety when received by
eligible students. This exclusion includes all federal, state and
privately funded educational assistance including VA educational
assistance paid under the Montgomery GI Bill.
Educational
Savings
Educational
savings/account plans that receive tax-preferred status under the
federal tax code are excluded as a resource to the household.
Indian
Lands
Lands
held jointly with the tribe, or lands that can be sold only with the
approval of the Bureau of Indian Affairs are considered Indian Lands.
Indian Lands are excluded as a resource.
Individual
Development Accounts
Funds, including interest accruing, in an
individual development account under the TANF block grant program will
be excluded during any period the individual maintains or makes
contributions into such an account (P.L. 104-193).
Under
the Family Savings Initiative Act of 1999 (Arkansas Act 1217)
households with low income and few assets may accumulate assets by
opening an individual development account (IDA). An IDA Program
participant must be a resident of the State of
Arkansas
and a member of a TEA recipient family or a member of a family with
income below 185% of the federal poverty level. The family must have a
net worth of $10,000 or less disregarding their primary dwelling and
one motor vehicle. Account contributions are matched at a rate of
$3.00 for each $1.00 contributed by the account holder. Matching
dollars may not exceed $2,000 per account holder or $4,000 per
household.
A
Family Savings IDA may be used for any of the following reasons:
-
Home purchase (limited to qualified first-time home
buyers)*
-
Business capitalization*
-
Post secondary educational expenses*
-
Individual retirement account
-
Vehicle purchase or repair (if not the sole purpose of
the IDA)
(*
If Federal TANF funds are used as a match, only purposes 1, 2 and 3
are allowable.)
The
value of the IDA is not a countable resource. Matching funds deposited
into the account will not be counted as income. (See FSC
5413.1.)
Funds
in Department of Housing and Urban Development's (HUD) Family
Self-Sufficiency Program escrow accounts are excluded as resources
when determining eligibility for food stamps. When a Family
Self-sufficiency program participant has an increase in earnings, the
public housing authority increases his or her rent, but deposits the
increase in an interest bearing account. When the participant
successfully completes the program and can verify that no household
member is receiving welfare assistance, he or she receives the funds
in the account. Funds may be withdrawn from the escrow account before
completing the program, with permission from the housing authority,
but only for purposes related to the goal of the FSS contract, e.g. -
completion of higher education, job training, or start up costs of a
small business. Since the funds in the escrow accounts, as well as any
funds withdrawn from them prior to completion of the program are not
available to buy food, the funds are inaccessible - thus excluded as
resources.
The
Good Faith Fund is operating a demonstration program called the
Savings for Education, Entrepreneurship, and Down Payment (SEED)
Program. The Program helps 3 and 4 year old child and their families
save and plan for college. A savings account is opened and initially
deposited with $500, which will be matched by $500 deposited by the
Good Faith Fund. Any deposits made by the household will be matched
dollar for dollar by the Good Faith Fund. Withdrawal from a SEED
account requires two signatures – the account holder and a
designated employee of the Good Faith Fund. The Good Faith Fund will
not permit withdrawal unless there is a documented emergency – e.g.,
so the child will not be without shelter or medical care. The SEED
account will be excluded as a resource and any deposits made by the
Good Faith Fund into the child’s savings account will be excluded as
income per FSC 5413.1.
Prorated
Income
Monies
that have been prorated and considered as income are excluded as a
resource. For example, annualized or prorated self-employment income
is excluded as a resource during the period it is being counted as
household income.
Refer
to FSC 5630 for the procedures for
handling self-employment income.
|
| FSC Manual
08/01/98 |
4470
Verification of Excluded Resources Excluded resources will
be verified when questionable. Acceptable verification includes documentation or
collateral contacts which establish that the resource is excludable. |
| FSC Manual
08/01/98 |
4480
Documentation of Excluded Resources The
county office worker must document:
- The type of resource;
- The status of the resource as excluded;
- The reason for the exclusion.
|
| FSC Manual
07/01/01 |
4500
Inaccessible Resources Inaccessible resources are resources
with a cash value not accessible to the household. Inaccessible resources
include the following:
- Irrevocable trust funds ([FSC
4510])
- Property in probate ([FSC
4520])
- Real property for sale ([FSC
4530])
- Resources of residents of shelter for battered women
([FSC 4540])
- Security deposits ([FSC
4550])
- Non-liquid resources against which a lien was placed to obtain a business
loan ([FSC 4560])
- Installment contracts that are not producing any
income ([FSC 4570])
- Resources unlikely to produce any significant amount of funds if
sold ([FSC 4580])
|
| FSC Manual
09/01/92 |
4510
Irrevocable Trust Funds Any funds in or transferred to a
trust and the income produced by that trust are considered inaccessible if all of the
following conditions exist.
- The funds held in irrevocable trust are either:
- Established from the household's own funds and used by the trustee
solely to make
investments on behalf of the trust or to pay the educational or medical expenses of the
beneficiary; or
- Established from non-household funds by a non-household member, and totally unavailable
to the household.
NOTE: If the household can petition the court to obtain money from a
trust for reasons such as purchasing personal items or paying living expenses, the fund is
not considered an irrevocable trust.
- The trust arrangement will not likely cease during the certification period, and no
household member has the power to revoke the trust arrangement or to change the name of
the beneficiary.
- The trustee administering the funds is a:
- Court, institution, corporation, or organization not under the direction or ownership
of any household member; or
- An individual appointed by the court that has court imposed limitations placed upon the
use of the funds.
- The trust investments made on behalf of the trust do not directly involve or assist any
business or corporation under the control, direction or influence of a household member.
The status of the trust account
must be verified if questionable. Acceptable verification of inaccessible trust
accounts include:
- Statements from the financial institution managing the trust describing the terms of the
trust; or
- Court orders or letters from the court describing the terms of the trust.
The county office worker must
document:
- The amount of the trust fund;
- The name of the person for whom the account is held in trust;
- The name of the trustee, and the name of the financial institution handling the trust;
- The reasons for the decision to consider the trust accessible or inaccessible.
|
| FSC Manual 10/01/86 |
4520
Property in Probate Property that household members expect
to inherit following a decision of the court is considered an inaccessible resource.
Property that is in probate must
be verified if questionable. Acceptable verification includes:
- A statement from an attorney; or
- A legal document, such as a court order.
The county office worker must
document:
- A description of the property the household expects to inherit;
- When the household expects to receive the property; and
- If verification is required, why the inaccessible resources were considered
questionable, and the verification obtained.
|
| FSC Manual 10/01/86 |
4530
Real Property For Sale Real property that the household is
making a good faith effort to sell at a reasonable price is considered an inaccessible
resource.
Verification of real property for
sale must be supplied if the status of the property is questionable.
The worker will accept as proof of a good faith effort to sell
real property at a reasonable price any of the following:
-
Collateral statements,
-
Listings from real estate
brokers, or
-
Advertisements in local newspapers.
The worker must document:
- Information about the property for sale - i.e. number of acres of land, location of
house, etc.; and
- The information used to establish a good faith effort to sell the property at a
reasonable price.
|
| FSC Manual 10/01/86 |
4540
Resources of Residents of Shelters for Battered Women and Children Resources are considered inaccessible to
residents of shelters for
battered women and children if:
- The resources are jointly owned by the residents and any members of their former
household; and
- The resident's access to the value of the resources is dependent upon the agreement of a
joint owner who still resides in the former household.
The county office worker must verify that resources of shelter residents are inaccessible only when
questionable. In no instance will the
worker request verification if such verification will jeopardize the
safety of the resident | |