section-17 RESOURCES

A. Description 1. Definitions a. Equity Value - The fair market value of the resource less encumbrances. b. Resources - Liquid and non-liquid resources of all members of the household cannot exceed $3,000 for the household, except that, for households including a member or members age 60 or over or a disabled member(s), such resources cannot exceed $4,500. These amounts are subject to adjustment annually and will be reflected in the “Updated Supplemental Nutrition Assistance Program (SNAP) Standards” published each October. NOTE: Categorically eligible households are not subject to a resource test. Under Broad-Based Categorical Eligibility (BBCE), most SNAP households, having passed the relevant Gross Income Threshold (GIT) for their household circumstances, are no longer subject to either a resource limit or a net income test for eligibility. However, SNAP households with any members who have been temporarily or permanently disqualified from participation in SNAP due to an Intentional Program Violation (IPV) or work rules violation or voluntary quit cannot be considered categorically eligible. Similarly, SNAP households with any aged/disabled and income over 200% of FPL cannot be categorically eligible. 2. Types Of Resources a. Liquid Resources - Liquid resources are those resources which are readily available to the applicant or recipient including, but not limited to the following: (1). Cash on hand (2). Money in checking and savings accounts (3). Stock or bonds (4). Lump sum payments (5). Funds held, less the amount of penalty if any for early withdrawal, in individual retirement accounts (IRA’s) (6). Keogh plans which do not involve the household member in a contractual relationship with individuals who are not household members (7). Funds set aside under a HR Plan of Self-Support b. Liquid Resources and Expedited Processing Determination – Only the following liquid resources are to be used when calculating the total liquid resources which are readily available to the household when determining expedited processing eligibility. (1). Cash on hand, (2). Money in checking and savings accounts, (3). Lump sum payments c. Non-Liquid Resources - Non-liquid resources such as personal property, licensed and unlicensed vehicles, buildings, land, recreational properties, and any other property not specifically excluded under the Excluded Resources in this section of the SNAPSB. The value of nonexempt resources, except for licensed vehicles as specified in Licensed Vehicles in this section of the SNAPSB, shall be its equity value. 3. Jointly Owned Resources a. Resources owned jointly by separate households shall be considered available in their entirety to each household, unless it can be demonstrated by the applicant household that such resources are inaccessible to that household. If the household can demonstrate that it has access to only a portion of the resource, the value of that portion of the resource shall be counted toward the household's resource level. b. The resource shall 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. NOTE: For the purpose of this provision, ineligible aliens or disqualified individuals residing with the household shall be considered household members. c. Resources shall be considered inaccessible to persons residing in shelters for battered women and children if the: (1). Resources are jointly owned by such persons and by members of their former household; and (2). Shelter resident's access to the value of the resources is dependent on the agreement of a joint owner who still resides in the former household. 4. Resources Of A Sponsored Non-Citizen Households containing sponsored non-citizens shall also include that portion of the alien's sponsor and sponsor's spouse resources that have been deemed to be those of the alien in accordance with procedures contained in Deeming of a Sponsor’s Resources in this section of the SNAPSB. References: 387.1 Definitions 387.9(b) Investigation and Eligibility B. Resource Limits All applicants and recipients of SNAP must not exceed the resource limits set forth in this section, however households which are categorically eligible for SNAP, as provided in SNAPSB Section 5- Non-Financial Eligibility Standards, 07-ADM-09, 09-ADM-06 and 16- ADM-06 are not subject to the resource limitations or any other requirements of this Section. NOTE: Per 07-ADM-09, effective 1/1/08 most SNAP households are now categorically eligible and exempt from the resource test. However, information on resources should still be collected in order to determine if the resource produces income that must be included in the budget when determining eligibility. Example: a savings account may produce interest income that is considered a source of unearned income that must be used in determining SNAP eligibility. 1. Determining Resources a. At the time the household is interviewed, the value of a household's resources shall be determined. b. Resources of ineligible aliens, individuals disqualified for intentional program violation, individuals who fail to comply with a SNAP work registration requirement or a SNAP work requirement, or individuals disqualified for refusal to apply for or provide an SSN as described in SNAP SB Section 5 Social Security Numbers are to be considered available in their entirety to the remaining household members. c. The resources of households with striking members shall be based on pre-strike circumstances. The household's resources on the day prior to the strike must be used when determining the household's available resources. NOTE: If a SNAP household includes an individual who would be disqualified for failure to obtain or provide an SSN or who is an ineligible non-citizen, and who is also an ineligible student (as described in SNAP SB Section 5), the resource rules described in paragraph1(b) above take precedence. The ineligible individual's income is pro-rated as described in SNAP SB Section 13; deductions for earned income, shelter costs and dependent care expenses are pro- rated (SNAPSB section 11); and the individual's resources are counted in their entirety. References: 387.9 Investigation and Eligibility 387.16 Special Provisions for Household Circumstances GIS 14 TA/DC038 Changes to SNAP Resource Limit92 ADM-03 SNAPs: Failure to Comply with Employment and Training Requirements (Non-Head of Household) 07 ADM-09 Categorical Eligibility for SNAPs 09 ADM-06 Expansion of Categorical Eligibility for SNAPs for Households with Out-of pocket Dependent Care Expenses 16 ADM-06 Expansion of Categorical Eligibility for Supplemental Nutrition Assistance Program (SNAP) Households with Earned Income C. Excluded Resources In determining the resources of a household, only the following shall be excluded: 1. The home and surrounding property which is not separated from the home by intervening property owned by others. a. Only one home is excluded. To be considered a home for purposes of this provision the dwelling should have been intended for human habitation and could appropriately be rented as a home for one or more people. If there is a free-standing building close to the home such as a garage and some of the household members live in it due to limited space in the home, it would appear appropriate to exclude such a building as part of the one home exclusion. Other homes on the property must be counted as a resource unless they can be excluded under another provision. Buildings, other than homes, on the contiguous property are excluded even if they could be rented. b. Public rights of way, such as roads which run through the surrounding property and separate it from the home, will not affect the exemption of the property. c. The home and surrounding property shall remain exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, or uninhabitability caused by casualty or natural disaster, if the household intends to return. 2. Households that currently do not own a home, but own or are purchasing a lot on which they intend to build or are building a permanent home, shall receive an exclusion for the value of the lot and, if it is partially completed, for the home. 3. One burial plot per household member. 4. The value of one bona fide funeral agreement per household member, provided that the agreement does not exceed $1,500 in equity value, in which event the value above $1,500 is counted. 5. Household goods and personal effects. NOTE: A household good or personal effect that is determined to be an item purchased for investment (with the expectation that its value would appreciate) is not an excluded resource. However, it will be difficult to determine in most cases whether an item considered a household good or personal effect was purchased as an investment. Therefore, except in certain limited cases, most household goods or personal effects will be excludable as a resource. 6. The cash value of life insurance policies. 7. The cash value of pension plans or funds: • 457 plans (plans for State and local governments and other tax- exempt organizations) • 401(k) plans (generally a cash or deferred arrangement and generally limited to for- profit organizations) • Federal Employee Thrift Savings plan • Section 403(b) plans (tax- sheltered annuities provided for employees of tax- exempt organizations and state and local educational organizations) • Section 01(c) (18) plans (retirement plans for union members consisting of employee contributions to certain trusts that must have been established before June 1959) and • Keogh plans that involve a contractual obligation with someone who is not a household member • Individual Retirement Account (IRA), Roth IRA, and myRA plans 8. Any vehicle on Indian Reservations that do not require vehicles driven by tribal members to be licensed. 9. Property which annually produces income consistent with its fair market value, even if only used on a seasonal basis, e.g. a summer camp in a resort area or a house with one or more rental apartments. 10. Property, such as farm land and rental homes, or work related equipment, such as the tools of a tradesman or the machinery of a farmer, which is essential to the employment or self -employment of a household member. Rental homes which are used by households for vacation purposes at some time during the year must be counted as resources unless excluded under item 9 above. a. Non-Contiguous property which was essential to farming and licensed vehicles which were used primarily for farming shall continue to be excluded as resources for one year following the termination of farm self-employment. After one year, the farmer's non-contiguous property and licensed vehicles shall remain excluded if a good faith effort is being made to sell such property or equipment at a reasonable price. The local district must determine when a farmer ceases to be self-employed on a case- by-case basis. NOTE: Farm land which is contiguous with the property on which a household's home is located is excluded as a resource indefinitely. b. The property and work related equipment of a self-employed individual (other than farmers) who has recently terminated his or her self-employment business and where a good faith effort is being made to sell such property or equipment at a reasonable price shall also be excluded. 11. Real or personal property that is directly related to the maintenance or use of an income producing vehicle or a vehicle necessary to transport a physically disabled household member. However, only the portion of real property related to the maintenance or use of such vehicles shall be excludable. For example, a household owns a 100-acre field which is separated from the home by intervening property owned by others. A quarter acre of the field is used to park the household's income-producing truck. Only the quarter acre would be allowed as resource exclusion. 12. Installment contracts for the sale of land or buildings if the contract or agreement is producing income consistent with its fair market value. The exclusion shall also apply to the value of the property sold under the installment contract, or held as security in exchange for a purchase price consistent with the fair market value of that property. 13. Any governmental payments which are designated for the restoration of a home damaged in a disaster, if the household is subject to a legal sanction if the funds are not used as intended. For example, payments 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. Also excluded are Federal Emergency Management Assistance (FEMA) subsidies to households to pay for temporary housing after a disaster. However, monies that exceed the cost of housing that are not returned to FEMA would be income. NOTE: Payments made to homeless people to pay for rent, mortgage, food, and utility assistance when there is no major disaster or emergency are not excluded under this provision. 14. Inaccessible Resources - A resource shall be excluded from the appropriate $3,000/$4,500 limit if a household is unlikely to be able to sell that resource for any significant return because the household's interest is relatively slight or because the cost of selling the household's interest would be relatively great. Resources so identified would be termed "inaccessible”. This inaccessibility provision does not apply to motor vehicles. Local districts shall not mandate verification that a resource is inaccessible, unless the information provided by the household is questionable. A complete description of why a resource is considered inaccessible should be in the case record. a. Resources having a cash value which is not accessible to the household, such as but not limited to, irrevocable trust funds, security deposits on rental property or utilities, property in probate, and real property which the household is making a good faith effort to sell at a reasonable price and which has not been sold. NOTE: The local district may verify that the property is for sale and that the household has not declined a reasonable offer. Verification may be obtained through a collateral contact or documentation, such as an advertisement for public sale in a newspaper of general circulation or a listing with a real estate broker. b. A non-liquid asset(s) (e.g. land, buildings, timber, farm equipment) against which a lien has been placed as a result of a household member taking out a business loan, providing the household member is prohibited by the security or lien agreement with the lien holder (creditor) from selling the asset(s). c. Any funds in a trust or transferred to a trust, and the income produced by that trust to the extent it is not available to the household, shall be considered inaccessible to the household if: (1) The trust arrangement is not likely to cease during the certification period, and no household member has the power to revoke the trust arrangement or change the name of the beneficiary during the certification period. (2) The trustee administering the funds is either: (a) A court, or an institution, corporation, or organization which is not under the direction or ownership of any household member, or (b) An individual appointed by the court who has court imposed limitations placed on his/her use of the funds which meet the requirements of this paragraph (3) 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; and (4) The funds held in irrevocable trust are either: (a) 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 a person named by the household creating the trust; or (b) Established from non-household funds by a non-household member. NOTE: This includes Supplemental Needs and Pooled Trusts (SNT & PTs). d. If a person owns stock in a corporation, the stock is counted as a resource unless it is essential to his/her employment. If a person is employed by and owns stock in a corporation, the eligibility worker must determine if the stock is essential to the person's employment. To the extent that an employee of a corporation must hold stock in the corporation as a condition of employment, the stock is essential to the employment of that person and not counted as a resource. However, if ownership of the stock is not essential, the stock is counted as a resource. For example, if a farmer has incorporated his farm, he is the sole worker and all of the corporation's assets are related to the farming operation, the farmer's stock in the corporation is essential to his employment and excluded from being counted as a resource. Sometimes the value of shares in a corporation with only one shareholder or just a few shareholders is not readily available. In such instances, the eligibility worker may subtract corporate liabilities from assets and prorate the difference among the various shareholders based on the percentage of shares hold. EXAMPLE: Value of Stock $22,000 Corporate assets - $10.000 Corporate liabilities = $12,000 Value of corporation x .40 Household has 40% of the stock = $4,800 Household's resources e. Resources that are discovered by the local district which the household was unaware of shall be considered inaccessible to the household as long as they were truly unknown to the household. Once the household discovers resources that are legally available to them, the resources must be counted in determining the household's eligibility for SNAP. In other words, at the point the household is made aware of the resources, the resources shall be considered available to them from that time forward. The resources would then be counted in determining the household's eligibility for SNAP. This is the case regardless of the manner in which the household is made aware of the existence of the resource. 15. Resources which have been counted as income such as those of students or self- employed persons, which have been prorated as income. 16. Indian lands held jointly with the Tribe, or land that can be sold only with the approval of the Department of the Interior's Bureau of Indian Affairs. 17. Resources which are excluded for SNAP purposes by express provision of Federal statute: a. Payments received under the Alaska Native Claims Settlement Act (P.L. 92-203, Section 21(a)) or the Sac and Fox Indian Claims Agreement (P.L. 94-189). This includes all compensation such as cash, stock, partnership interest, land, interest in land, and other benefits received under this Act. b. Payments received by certain Indian tribal members under P.L. 94-114, section 6, regarding the sub marginal land held in trust by the United States. c. Benefits received under P.L. 89-642, Section 11(b) of the Child Nutrition Act of 1966. This includes the Women, Infants and Children (WIC) program and school meals. Also excluded are coupons, issued under WIC Demonstration projects (P.L. 100- 435, Section 401), which may be exchanged for food at farmers' markets. d. Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (P.L. 91-646, section 216). e. Payments received from the disposition of funds to the Grand River Band of Ottawa Indians (P.L. 94-540). f. Payments received by the Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation from the Indian Claims Commission as designed under P.L. 95-433, section 2. g. Payments to the Passamaquoddy Tribe, the Penobscot Nation and the Houlton Band of Maliseet or any of their members received pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L . 96- 420, section 5). h. The first $2,000 of funds distributed by the Indian Claims Commission pursuant to P.L. 93-134 as amended by P.L. 97- 458. P.L. 98- 64 extended the exclusion to cover per capita payments from funds which are held in trust by the Secretary of Interior (trust fund distributions). i. Individuals of Japanese Ancestry - Payments to individuals of Japanese ancestry and permanent resident Japanese aliens in restitution for war time relocation and internment (P.L. 100-383, Section 105). j. Aleuts - Payments to natives of the Aleutian or Pribil Islands in restitution for war time relocation and internment (P.L. 100- 383, Section 206). k. Navajo and Hopi tribes - Payments of relocation assistance to members of the Navajo and Hopi tribes under P.L. 93- 531, section 22. l. Payments to the Turtle Mountain Band of Chippewa, Arizona under P.L. 97-403. m. Payments to the Blackfeet Grosventre, and Assiniboine tribes (Montana) and the Papago (Arizona) under P.L. 97-408. n. Per capita and interest payments made to the Assiniboine Tribe of the Fort Belknap Indian Community, Montana and the Assiniboine Tribe of the Fort Peck Indian Reservation (Montana) under P.L. 98-124, Section 5. o. Per capita and interest payments made to the Red Lake Band of Chippewa under P.L. 98-123, Section 3, 10/13/83. p. Payments to the Saginaw Chippewa Indian Tribe of Michigan under P.L. 99-346, Section 6(b)(2). q. Per capita payments to the Chippewa of Mississippi under P.L. 99-377, Section 4(b), 8/8/86. r. The Radiation Exposure Compensation Act, dated October 15, 1990 under P.L. 101- 426, Section 6(h) (2). s. The first $2,000 of payments made under P.L. 98-500, Section 8, 10/17/84, for the Old Age Assistance Claims Settlement Act, to heirs of deceased Indians. t. German reparation payments: All reparation payments received from the Federal Republic of Germany are excluded as long as they remain identifiable as such. SNAP program rules only exclude reparation payments received by individuals who were victims of Nazi persecution. u. Funds distributed per capita or held in trust for members of the Chippewa of Lake Superior under P.L. 99-146, Section 6(b), 11/11/85. v. P.L. 99-264, White Earth Reservation Land Settlement Act of 1985, 3/24/86, Section 16. This Act involves members of the White Earth Band of Chippewa Indians in Minnesota. w. Compensation paid by an eligible crime victim compensation program. x. Individual Development Accounts (IDAs) - An individual development account to enable a SNAP household member to save for post-secondary education, first home purchase or business capitalization is excluded as a SNAP resource. If a withdrawal is made from an IDA for purposes other than post-secondary education, home purchase or business capitalization, however, any remaining balance would be considered an available resource. 18. HUD retroactive tax and utility cost subsidy payments issued pursuant to settlement of Underwood v. Harris (Civil No. 76-0469., D.D.C.) against HUD, for the month in which payment was received and for the following month. Plus HUD community development block grants are excluded as SNAP resources. 19. Energy assistance payments or allowances excluded as income as specified in SNAP SB Section 12. 20. Resources of non-household individuals as described in SNAP SB Section 5. 21. Resources of ineligible students. 22. Social Security (RSDI) or SSI benefits which are directly deposited in recipients' bank accounts must be counted as income and not resources for the month of deposit. Only any amount remaining in deposit beyond the month of deposit may be counted as a resource. 23. Agent Orange payments: a. The Agent Orange Settlement Fund; and b. Any other fund established pursuant to the settlement In regards to Agent Orange Product Liability litigation. NOTE: Benefits must be restored to any household which reports and documents that it was denied or under issued SNAP benefits due to the receipt of Agent Orange payments back to January 1, 1989. NOTE: P.L. 102-4, Agent Orange Act of 1991, 2/6/91, authorized veterans' benefits to some veterans with service connected disabilities resulting from exposure to Agent Orange. These VA payments are not excluded by law. 24. Earned Income Tax Credit (EITC) refunds, as long as they remain identifiable. Formerly, these payments were excluded as resources for either two or twelve months, depending on whether the individual was an applicant or recipient and whether the EITC was federal or State. 25. The resources of a household member who receives FA, SNA, or SSI. This is true even if not everyone in the household is receiving FA, federally funded SNA, or SSI. This includes PASS accounts of SSI recipients. 26. Seneca Nation Settlement Act - Under Public Law 101-503 and the memorandum of understanding between the Seneca Nation and the State, Settlement Act monies are exempt from consideration in determining eligibility or benefits for any State or federally funded social services program. These monies must not be counted as income or resources now or at any later point in time. 27. Service provided to a public housing resident under P.L. 101-625, section 22(i) of the Cranston – Gonzales National Affordable Housing Act. This exclusion applies to services such as child care, employment training and counseling, literacy training, computer skills training, assistance in the attainment of certificates of high school equivalency and other services. It does not apply to wages or stipends. 28. Payments made by the VA to Vietnam Veteran's children with Spina Bifida (PL104-204). 29. Educational Grants, loans or scholarships, as long as they remain identifiable as such (not commingled with other savings). 30. Children’s savings accounts of under $500, if accumulated from gifts from non-legally responsible relatives or from the child’s own wages. For purposes of this exclusion, a child is a household member under the age of 21. 31. Austrian General Social Insurance payments made under paragraph 500 to 506 of the Austrian General Social Insurance Act are excluded as long as they remain identifiable as such. 32. Funds and agreements for burial services and headstones, not to exceed $1,500 per SNAP household member must be excluded. 33. Nutritional Assistance Program (NAP) Benefits- As of October 17, 2003 USDA Nutritional Assistance Program (NAP) Benefits from Puerto Rico should not be counted as income for SNAP, even when issued in the same month a household submits a SNAP application in New York State. In the interest of treating all Territories in an equitable manner, effective December 31, 2003 this policy was extended to also include NAP benefits issued in American Samoa or the Commonwealth of the Northern Marinas. When determining eligibility and benefits, local districts must not count NAP benefits from these territories, even when issued in the same month a household submits a new application. NOTE: Policy on licensed vehicles is described in the next area of this Section. NOTE: Excluded funds kept in a separate account and not mixed in an account with non-excluded funds will retain the resource exclusion for an unlimited period of time. Excluded monies mixed in an account with non-excluded funds will retain their exemption for six months from the date they are mixed. After six months from the date of mixing, all funds in the mixed account shall be counted as a resource. Resources of students and self-employed households which have been excluded and are commingled in an account with non-excluded funds will retain their excluded status only for the period of time over which they have been prorated as income. References: b 387.9(b) Investigation and Eligibility02 ADM-01 Food Stamp Treatment of Individual Development Accounts 95 ADM-15 Food Stamp Program Implications of the Mickey Leland Childhood Hunger Relief Act (P.L. 103-66) 92 ADM-06 Treatment of Earned Income Tax Credit (EITC) 91 ADM-06 PA and FS Disregards: Treatment of Agent Orange Payments; 01 INF-08 Temporary Assistance (TA) and Food Stamps (FS) Policy: The Treatment of Supplemental Needs Trusts (SNTs) and Reverse Annuity Mortgage (RAM) Loans 95 INF-41 Food Stamps: Clarification of Treatment of Earned Income Tax Credit (EITC) as a Resource and Introduction of EITC Desk Chart 90 INF-06 Food Stamp Certification of Self-Employed Farmers D. Licensed Vehicles 1. Excluded Vehicle(s) Under SNAP Employment/Training Provision New York State’s SNAP vehicle allowance rules completely exclude from the SNAP resource test one licensed vehicle per adult household member and one licensed vehicle for each child under 18 who drives to school, work, training or to look for work. The concept of one single general-purpose vehicle as well as the employment related restriction for additional vehicles has been discontinued. a. Equity Value Additional licensed vehicles not subject to complete exclusion are to be evaluated based on their full equity value. Equity value is defined as a vehicle's fair market value less any encumbrances. In determining a vehicle's fair market value local districts are to use the lowest reasonable price possible and are not to increase the basic value of a vehicle due to low mileage, optional equipment or special apparatus for handicapped. A number of sources may be used including Internet web sites dealing with vehicle appraisals, up-to-date printed “blue books," or dealer appraisals. Local districts are not required to do an exhaustive search in order to determine fair market value but should use the lowest value in the source that it chooses to consult. b. Recreational Vehicles In order to qualify for one of the above exclusions, licensed vehicles must be used primarily for household transportation. This does not include recreational vehicles such as boats, snow mobiles or campers whose main purpose is leisure. Recreational vehicles are subject to having their full equity value applied to the household's applicable liquid resource limit. c. Local District Action Local districts must now completely exclude from the SNAP resources test one licensed vehicle per adult household member and also exclude one licensed vehicle for each child under 18 who drives to school, work, and training or to look for work. Additional licensed vehicles must be evaluated under the existing federal SNAP vehicle exclusion criteria. Additional licensed vehicles that are not excluded under the employment/training provision must be evaluated for exclusion under the existing SNAP vehicle rules such as being used to produce earned income, to transport a physically disabled household member, etc. This includes evaluating licensed vehicles under the inaccessible resource provision and excluding them if the return on the vehicle when sold is likely to be $1,500 or less. d. Vehicles Not Excluded Additional licensed vehicles that do not meet the criteria for exclusion under the employment/training provision or under the existing SNAP vehicle rules must have their full equity value applied to the household's applicable liquid resource limit. Unlicensed vehicles are also to be evaluated for their full equity value 2. Excluded Vehicles Under Existing SNAP Rules The entire value of any licensed vehicle must be excluded if the vehicle is: a. Used primarily (over 50 per cent of the time) for income producing purposes. NOTE: Licensed vehicles which were used primarily for farming shall continue to be excluded as resources for one year following the termination of farm self- employment. After one year the farmer's licensed vehicles shall remain excluded if a good faith effort is being made to sell such equipment at a reasonable price. b. Annually producing income consistent with its fair market value, even if used only on a seasonal basis. c. Necessary for long distance travel, other than daily commuting if it is essential to the employment of a household member or excluded member whose resources are being considered available to the household. d. Used as the household's home and, therefore excluded as such. e. Necessary to transport a physically disabled household member or excluded individuals whose resources are being considered available to the household regardless of the purpose of such transportation: (387.9(b)) (1) One vehicle per physically disabled household member shall be considered necessary for transportation of a disabled person if the vehicle is: (a) Specially equipped for the purpose, or (b) Is a special type of vehicle, whether or not specially equipped for the purpose. For example, a van which by its capacity alone enables transportation of a person requiring a wheelchair meets this provision. The vehicle need not be used primarily by or for the disabled person. (2) A household containing a disabled member who can be transported in a normal vehicle is eligible for a vehicle exclusion under this provision. The determining factor for vehicle exclusion under this provision is the fact that a physically disabled household member requires a vehicle for transportation. f. Leased by a household member. g. Registered in the name of a household member but the title to the vehicle is held by a person who is not a member of the household. If the person in whose name the vehicle is registered does not have control over disposing of or keeping the resource, then the person cannot be considered the owner and the vehicle cannot be counted as a resource. NOTE: If the household member in whose name the vehicle is registered is the actual owner of the vehicle, even though the title is held by someone else, the value of the vehicle must be counted as a resource in accordance with SNAP regulations. Thus, if the title to a vehicle is held by a bank because there is an outstanding balance on the loan used to purchase the vehicle, then the household member has the control to dispose of or keep the vehicle, and the vehicle is counted as a resource. NOTE: For real or personal property that is directly related to the maintenance or use of an income producing vehicle or a vehicle necessary to transport a physically disabled household member, see Licensed Vehicles earlier in this section. h. A vehicle whose title is held by a non-household member so long as no member of the household is permitted to access the cash value of the vehicle. i. Any vehicle upon which a household depends to carry fuel for heating or water for home use when such transported fuel or water is the primary source of fuel or water for the household. j. If the equity value is less than half of the household's resource limit. k. Individuals receiving FA, SNA-FP or SSI are categorically eligible for SNAP. The resources of a categorically eligible individual are exempt when determining SNAP eligibility. Thus, a household containing a FA or SNA-FP individual with a TA approved vehicle with a fair market value up to $9,300, or a higher amount set by the district, is not denied SNAP due to excess resources, if the vehicle belongs to a categorically eligible person. The resources of FA, SNA- FP or SSI categorically eligible individuals in the household are exempt even if the entire SNAP household is not categorically eligible. l. Any vehicle whose sale is likely to produce a return of $1500 or less because of household's interest in the vehicle is relatively slight or the cost of selling it is relatively great (inaccessible resource provision). NOTE: The value of an unlicensed vehicle is its equity value. More information on unlicensed vehicles on Indian reservations is available earlier in this section References: 387.9 Investigation and Eligibility 02-ADM-06 Change in the Food Stamp Vehicle Resource Policy E. Transfer Of Resources Households which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for SNAP benefits shall be disqualified from participation in the program for up to 1 year from the date of the discovery of the transfer. This disqualification period shall be applied if the resources are transferred knowingly in the 3-month period prior to application or if they are transferred knowingly after the household is determined eligible for benefits. 1. Transfers Not Affecting Eligibility The following transfers will not affect program eligibility: a. Resources which would not otherwise affect eligibility. b. Resources sold or traded at, or near, fair market value. c. Resources which are transferred between members of the same household (including excluded individuals whose resources are considered available to the household); and d. Resources which are transferred for reasons other than to qualify or attempt to qualify for SNAP benefits. Example: a parent placing funds into an educational trust fund described in this section. 2. Determining Length of Disqualification The length of the disqualification period must be based on the amount by which non- exempt transferred resources, when added to other countable resources, exceed the allowable resource limits. The following chart shall be used for the determination. Amount in Excess of the Resource Limit Period of Disqualification $249 1 month $250 - $999 3 months $1,000 - $2,999 6 months $3,000 - $4,999 9 months $5,000+ 12 months NOTE: Proving "intent" in this case is very difficult. If a case is denied on this basis, the local district needs significant documentation in order to have the district's decision upheld at a Fair Hearing should one ensue. 3. Interpretation Households which have transferred resources shall b disqualified from participation in SNAP if: a. The transfer occurred in the three-month period prior to application and was knowingly for the purpose of qualifying or attempting to qualify for SNAP benefits, or b. The transfer occurred after certification and was knowingly for the purpose of continuing to qualify for SNAP benefits. The disqualification period must be applied if the resources are transferred knowingly to prevent the household from exceeding the maximum resource limit. References: 387.9 Investigation and Eligibility F. Deeming Of A Sponsor’s Resources Households containing sponsored non-citizens as defined in SNA PSB Section 13 shall also include that portion of the non-citizen's sponsor and sponsor's spouse's resources that have been deemed to be those of the alien. The amount of resources to be deemed will be the total countable resources of the sponsor and the sponsor's spouse minus $3,000. The deeming requirements apply only to an eligible Lawful Permanent Resident (LPR) whose sponsor has signed a legally binding affidavit of support on or after December 19, 1997. The only qualified non-citizens with legally enforceable affidavits are family-sponsored LPRs, including immediate relatives, and a few employment-based LPRs who came to the United States to work for relatives or in companies partially owned (more than five percent) by relatives AND who have filed for a visa application or applied for an adjustment to LPR status on or after December 19, 1997. NOTE: If a sponsored non-citizen can demonstrate to the local district's satisfaction that his/her sponsor sponsors other non-citizens, the resources determined deem able shall be divided by the number of such non-citizens that apply for or are participating in the program. References: 387.9(b) Investigation and Eligibility