63-206 Treatment of Resources

 

Table of Contents

 

Section

Handling of Excluded Funds

206.1

Joint Ownership

206.2

Treatment of Resources of Non-Household Members

206.3

Treatment of Resources of Excluded Members

206.4

Treatment of Resources of Households with Sponsored Noncitizens

206.5

Treatment of Resourcesof Residents of Shelters for Battered Women

206.6

Treatment of Resources of SAR Households

206.7

Action on Household Composition Changes Reported during the Certification Period

206.8

Transfer of Resources

206.9

 

63-206.1
Handling of Excluded Funds

Excluded funds that are retained in a separate account, and are not commingled in an account with non-excluded funds, will retain their resource exclusion for an unlimited period of time.

         Students and self-employed household membersí resources which are excluded because they were prorated as income and are commingled in an account with non-excluded funds will retain their exclusion only for the period of time they have been prorated as income (Section 63-203.12).

         All other excluded resources which are commingled in an account with non-excluded funds will retain their exemption for six months from the date they are commingled.

After six months, all funds in the commingled account will be counted as a resource.

Note:The worker will evaluate the resources only of households that are not Categorical Eligible (CE) or Modified Categorical Eligible (MCE) as explained in Section 63-120.

 

63-206.2
Joint Ownership

Resources owned jointly by separate households (including non-CalFresh households) will be considered entirely available to the household, unless the household can demonstrate that the resources are inaccessible.If the household can demonstrate having access to only a portion of the resource, the value of that portion will be counted toward the household's resource level.

         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.

         A resource cannot be practically subdivided if the financial value of the proportionate share would be significantly reduced by the sale of only the subdivision.

Resources owned jointly by household members and persons in the household who are disqualified or ineligible noncitizens (who would otherwise be household members) will be considered available to the household, as required by Section 63-206.4 below.

If a resource is jointly held by members of the same CalFresh household and one of the members is receiving Public Assistance (PA) and the other is not receiving PA, the amount counted in determining the PA eligibility will be excluded.

BANK ACCOUNTS HELD JOINTLY WITH MILITARY PERSONNEL

If a bank account is held jointly with military personnel deployed oversees and the household can document to the workerís satisfaction that they can access the account, or a portion of the account, solely for the purpose of paying the service personís bills, etc., and the household cannot use the funds for its own purposes, the inaccessible funds would be excluded as a resource.It is the responsibility of the applicant to provide verification of such an arrangement.

         The verification can be in the form of a written statement from the service person, a statement from the involved financial institution, or other means attesting to the fact.

         If the worker determines that the applicant can access a service personís bank account for their own purposes, the funds must be considered a resource for the household and must be counted toward the householdís resource level.

REMINDER:Non-Assistance CalFresh household that include a child (under 18 years old) exceeding the CalFresh resource limits are considered to be Modified Categorical Eligible (MCE) to CalFresh when they receive TANF/Maintenance of Effort (MOE) benefits or services.

Refer to Sections:

  63-224.17, Combat Pay

  63-242, Households with Military Pay and Special Allowances

Note:The worker will evaluate the resources only of households that are not Categorical Eligible (CE) or Modified Categorical Eligible (MCE) as explained in Section 63-120.

 

63-206.3
Treatment of Resources of Non-Household Members

Non-household membersí resources are not considered available to the household.

Non-household members will not be included when determining the household's size for the purposes of comparing the household's resources with the resource eligibility limits as explained in Section 63-101.5.

 

63-206.4
Treatment of Resources of Excluded Members

The resources of the following excluded household members willcontinue to count in their entirety to the remaining household members:

  Ineligible noncitizens,

  SSN disqualified,

  Disqualified drug felons,

  IPV disqualified,

  ABAWD individuals not meeting work requirements,

  Workfare or work requirement sanctioned individuals, and

  Fleeing felon and/or probation/parole violators.

The resources of the following excluded household members willnot be included when comparing the household's resources with the resource eligibility limit of the CalFresh household:

  SSI/SSP recipients, and

  Ineligible students.

Refer to Section63-101.6.

Note:The worker will evaluate the resources only of households that are not Categorical Eligible (CE) or Modified Categorical Eligible (MCE) as explained in Section 63-120.

 

63-206.5
Treatment of Resources for Households with Sponsored Noncitizens

The resources of a sponsor and the sponsorís spouse (if he or she has executed USCIS Form I-864 or I-864A), will be deemed to the eligible sponsored noncitizen and will be considered in determining the eligibility of the household of which the sponsored noncitizen is a member.

 

The amount deemed (available) to the household will be the total amount of the sponsorís resources reduced by $1,500.

Treatment of Resources of More Than One Sponsored Noncitizen

If a sponsored noncitizen can demonstrate that his/her sponsor is also sponsoring other noncitizens, then the sponsorís resources will be deemed and divided by the number of sponsored noncitizens applying or participating in the CalFresh Program.

 

If the noncitizen cannot provide verification about other noncitizens for who the sponsor is responsible for, the calculated deemed resource amount will be attributed to the applicant noncitizen in their entirety until the noncitizen provides the information.

Changing Sponsors

If the noncitizen changes sponsors during the certification period, then deemed resources will be recalculated based on the new sponsorís information. The reported change would be handled in accordance with the time frames and procedures in Sections 63-262 and 63-275 as appropriate.

Note:The worker will evaluate the resources only of households that are not Categorical Eligible (CE) or Modified Categorical Eligible (MCE) as explained in Section 63-120.

 

63-206.6
Treatment of Resourcesof Residents of Shelters for Battered Women

Eligible residents of shelters for battered women must be certified based on the resources for which they are responsible for, on the date of application, and their resource level as of the date of their interview.

Their former householdí resources will not be considered available to the residents, and resources held jointly with member(s) of their former households will be considered inaccessible.

Note:The worker will evaluate the resources only of households that are not Categorical Eligible (CE) or Modified Categorical Eligible (MCE) as explained in Section 63-120.

 

63-206.7
Treatment of Resources of SAR Households

Resource eligibility for households that are not CE or MCE (63-120.8) will be evaluated when the household submits the SAR 7 and at recertification. The worker will use the information reported on the SAR 7 and recertification forms to determine continuing eligibility for the certification period or remaining months of the certification period.

  • CalFresh (SAR) households are not required to report any changes related to property mid-period; the worker will not take action on any voluntary reported changes in property that will result in a decrease of benefits.

         No assessment of resources will be made mid-period.However, actions can be taken mid-period if they do not impact eligibility.

  • The case will be discontinued at the end of the SAR Submit Month with timely notice if the household exceeds the resource limit based on property reported on the SAR 7 or recertification.However, if the household provides verification that their resources are within the resource limit prior to the effective date of discontinuance, the discontinuance will be rescinded.

Refer to 63-281.6.

Note:The worker will evaluate the resources only of households that are not CE or MCE as explained in Section 63-120.

 

63-206.8
Action on Household Composition Changes Reported During the Certification Period

Households may voluntarily report changes in household composition during the quarter. Voluntary reports of household composition changes by the head of household or responsible adult household member is considered verified upon receipt (VUR) and must be acted on.

When considering the addition of a new household member, all resources of the new person will be considered in the determination of eligibility if the household is not CE or MCE.

 

63-206.9
Transfer of Resources

During initial application, the worker must ask the household to provide information regarding resources that could have been transferred within the three-month period immediately preceding the date of application.These include excluded household membersí resources that are considered available to the household.

Households which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for food stamp benefits will be disqualified from participation in the program for up to one year from the date of the discovery of the transfer.

ACCEPTABLE TRANSFERS

The following transfer will not affect eligibility to the CalFresh Program:

         Resources which would not otherwise affect eligibility.For example:

o   Resources consisting of excluded personal property such as furniture, or

o   Monies that, when added to other nonexempt resources, totaled less than the allowable resource limits at the time of the transfer;

         Resources that have been sold or traded at, or near, fair market value;

         Resources that have been transferred between members of the same household; including ineligible aliens or disqualified persons, whose resources are considered available to the household;

         Resources that have been transferred for reasons other than qualifying or attempting to qualify for CalFresh benefits, for example, a parent placing funds into an educational trust fund described in Section 63-203.11.

NOTICE OF ACTION REQUIREMENTS

  • If the worker determines that an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the worker will deny the case and send a notice of action explaining the reason for, and the length of the disqualification period.

 

The disqualification period will begin with the month of application.

 

  • If the household is already participating when the transfer is discovered, the worker will discontinue the case and send a notice of action explaining the reason for and length of the disqualification period.

 

The disqualification period will begin with the first day of the month following the month the Notice of Action takes effect; unless the household appeals the discontinuance and benefits have to continue.

LENGTH OF THE DISQUALIFICATION PERIOD

The length of the disqualification period is based on the amount by which the nonexempt transferred resources added to other countable resources, exceeds the resource limits.

To determine the length of the disqualification period:

Step

Action

1

Add the value of the transferred resource to the total countable resources

2

Subtract the appropriate resource limit from the total amount

3

The remainder is the amount in excess of the resource limit that is used to determine the length of the disqualification

The following chart will be used to determine the length of the disqualification period:

Amount in Excess of Resource Limit

Period of Disqualification

$0 to 249.99

1 month

$250 to 999.99

3 months

$1,000 to 2,999.99

6 months

$3,000 to 4,999.99

9 months

$5,000 or more

12 months

EXAMPLE: A one-person household, with $1000 in the bank, transfers a vacation property to a relative.The worker determined that the transfer was made for the purpose of qualifying for the program, resulting in disqualification of the household.The amount in excess of the resource limit is computed as follows:

Step

Action

1

$ 2,050 vacation property

+ 1,000 (bank account)

= $ 3,050 (total resources)

2

$ 3050 (total resources)

-2000 (resource limit)

= $1050 (excess resources)

3

$1050 excess resources disqualify the household for a period of six months according to the chart above.

A transfer of assets to qualify for the program will not be treated as a fraudulent action in and of itself. However, concealment and misrepresentation of the assets transferred will constitute fraud and will be subject to the intentional program violation provisions.

Note:The worker will evaluate the resources only of households that are not Categorical Eligible (CE) or Modified Categorical Eligible (MCE) as explained in Section 63-120.