42-200.F. Resources To Be Excluded In Evaluation Of

Property

Table of Contents

The Resources To Be Excluded In Evaluation Of Property section includes the following information:

 

Topic

Real Property To Be Excluded

Separate and Community Share of Real Property

 

 

 

Real Property To Be Excluded

 

 

 

 

 

 

 

 

 

 

 

 

 

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The following items are excluded in evaluating real property.

 

  Real property held in trust if the child or parent does not have control of the trust of which he/she is the beneficiary.

  Property purchased with funds received under Title I or Title II of the Economic Opportunity Act when such funds were excluded from consideration as income or resources.This exclusion does not extend to income or profits from such property.

  A Native Americanís interest in land held in trust by the United States Government.

  The real property in which a CalWORKs recipient has an ownership interest, and which is considered in an SSI/SSP resource evaluation.

A)    The total value of property owned separately by the CalWORKs recipient who is either the spouse or parent of the SSI/SSP recipient and resides in the same household.

B)    The total value of property owned jointly between the CalWORKs recipient and the SSI/SSP spouse or child when they reside in the same household

  A maximum of one burial plot for each member of the AU.For purposes of this chapter, a burial plot is defined as a space, crypt or niche intended for the internment of the applicant/recipient.

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Separate And Community Share Of Real Property

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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  The separate and community share of real property of a parent who has surrendered full custody of his/her child pursuant to a court order.

  The separate and community share of real property of a parent who has relinquished his/her child for adoption.

  The separate and community share of real property of the father of a child who is not married to the mother and the parents are not maintaining a home together.

 

Exception:If the father has legitimatized the child under Section 230 of the Civil Code, his property is included whether or not the parents are maintaining a home.

 

  The separate and community share of real property of a stepfather.

  The separate and community shares of real property of the AP which are unavailable to the CalWORKs family or child (i.e., the family or child does not have possession or control of the property so that the property may be used to meet current needs).This unavailable property is to be excluded when the child is living apart from his/her parent or parents.The exclusion applies to a child in foster care regardless of whether his/her parents are maintaining a home together.

 

An availability determination of the separate community shares of real property of an AP must be made by the HSS as part of the initial eligibility determination.After the initial eligibility determination, the HSS is not required to make another availability determination unless information is received that there has been a change.