Where applicable, for households subject to a resource limitation, the following are types of resources “excluded,” i.e., do not count as resources when determining SNAP eligibility:
- The house in which the household lives and all the land it sits on. [MPP § 63-501.3(a) 7 C.F.R. § 273.8(e)(1).] This includes the vacant lot where the household plans to build a house, if it does not already own a house. [MPP § 63-501.3; 7 C.F.R. § 273.8(e)(1).] Even if the household is not living in the house, the property is still excluded if the household is working or trying to find work somewhere else; or in training somewhere else; or household members are sick; or, the house was damaged in a natural disaster.
- The household’s personal things and household goods such as clothes, tables, chairs, beds and appliances. [MPP § 63-501.3(b); 7 C.F.R. § 273.8(e)(2).]
- Burial plots. [MPP § 63-501.3(b), 7 C.F.R. § 273.8(e)(2).]
- The cash or face value of any life insurance policy or pension fund. [MPP § 63-501.3(b); 7 C.F.R. § 273.8(e)(2).] Keogh plans and IRAs which are accessible by a household member are not excluded as resources. [MPP §§ 63-501.11 and 63-501.3(b); 7 C.F.R. § 273.8(e)(2).]
- Resources whose equity value is less than $1500. [MPP § 63-501.3(d); 7 C.F.R. § 273.8(e)(2).]
- All cars, trucks, vans and motorcycles. [MPP § 63-501.3(c).] (See the section explaining vehicles do not count as a “resource” in the CalFresh program for details, and be mindful that the CalWORKs [TANF] program may count these vehicles even if the CalFresh program does not.)
- Property the household uses to make money, such as renting a house for a fair rent or farming land. [MPP § 63-501.3(e); 7 C.F.R. § 273.8(e)(4), (5).] This includes property essential to employment or self-employment, as well as the resources of a business (such as checking or savings accounts, whether separate or co-mingled, provided they are identifiable), as long as the resources are necessary to produce the buisness income. [MPP § 63-501.3(f)(2).] Land and other property used in farming are not counted as resources for at least one year after a household stops farming. [MPP § 63-501.3(e); 7 U.S.C. § 2014(e)(4).]
- Property (such as tools, equipment, livestock and buildings) needed for the employment or self-employment of a household member. [MPP § 63-501.3(f); 7 C.F.R. § 273.8(e)(5).] Resources essential to self-employment in farming are excluded from consideration as resources for at least one year after a household stops farming. [MPP § 63-501.3(f)(3); 7 U.S.C. § 2014(e)(4).]
- The value of an installment contract to sell property, if the contract produces income consistent with market value. [MPP § 63-501.3(g); 7 C.F.R. § 273.8(e)(6).]
- Payments from the government to help repair the home after a disaster, if the household is legally required to use the money on their home. [MPP § 63-501.3(h); 7 C.F.R. § 273.8(e)(7).]
- Things the household cannot sell or use for its immediate needs. The regulations give specific examples, including money in a trust fund, housing security deposits, property in probate or which the household is trying to sell. [MPP § 63-501.3(i); 7 C.F.R. § 273.8(e)(8).] But trust funds are excluded only if it is an irrevocable trust, as set out at MPP § 63-501.3(i)(1).
- Energy assistance payments. [MPP § 63-502.2(b)(2)(F) (treated as excluded income); 7 C.F.R. § 273.8(e)(14).]
- Resources, such as those of students or self-employed persons, which have been pro-rated and counted as income. [MPP § 63-501.3(j), 7 C.F.R. § 273.8(e)(9).]
- Funds or assets of, or payments to Native American tribal members are excluded as resources (or as income, for that matter) if specifically excluded by any other federal law listed at MPP § 63-506(b). [MPP § 63-501.3(k); 7 C.F.R. § 273.8(e)(11).]
- Anything specifically excluded for SNAP purposes by federal statute (as specified in MPP § 63-507) is excluded, such Welfare, Infants and Children (WIC) benefits, some payments under other laws, and court settlements for Native Americans. [MPP § 63-501.3(l), 7 C.F.R. § 273.8(e)(11).]
- Earned Income Tax Credit (EITC), if the funds are saved, are excluded for 12 months from receipt, regardless of whether the person was on aid or not at the time. The money is excluded for up to 12 months. [ACL 13-46.] Advocates should note that MPP § 63-501.3(m) and 7 C.F.R. § 273.8(e)(12) have not yet been modified to reflect the new law.
- Federal Tax Refunds: The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law No. 111-312) excludes federal tax refunds received after December 31, 2009 as income or resources for a period of 12 months from receipt. [See ACL 13-46.]
- The resources of applicants who are residents of domestic violence shelters, when the abuser co-owns the property and access to the property would require the abuser’s consent. [MPP § 63-501.3(n); 7 C.F.R. § 273.8(d).]
- Property that has a lien on it from a business loan, if the creditor that has the lien will not let the household sell the property. [MPP § 63-501.3(o), 7 C.F.R. § 273.8(e)(15).]
- Property the household needs in order to use or maintain a car, truck, van or the like needed to make money. [MPP § 63-501.3(q), 7 C.F.R. § 273.8(e)(16).]
- The resources of any household member receiving “public assistance” cash aid. In the SNAP program, “public assistance” cash aid is different from CalWORKs [TANF] cash aid. In California, the primary public assistance programs are the varied last-resort General Assistance (GA) programs administered by local counties to assist individuals who do not qualify for any other type of aid. If the resource is jointly held by a household member receiving public assistance and a household member who is not, only the amount counted in determining the public assistance eligibility is excluded. [MPP § 63-501.3(p); 7 C.F.R. § 273.8(e)(17).] This provision would excludes “Assets for Independence” IDA restricted savings under The Assets for Independence Act.
- Funds in CalWORKs Restricted Accounts (defined in MPP § 42-213.23). [MPP § 63-501.3(r).]
- Land the household owns together with a Native American tribe and land that it cannot sell without the permission of the Bureau of Indian Affairs (BIA). [MPP § 63-506(a); 7 C.F.R. § 273.8(e)(10).]
- Things that belong to someone who is not in the household, unless that person is excluded from the household because of an intentional program violation (IPV), failure to comply with work requirements, status as an immigrant who cannot get SNAP benefits, or failure to apply for or provide a Social Security number. [MPP §§ 63-503.44, 63-503.45; 7 C.F.R. § 273.11(c), (d).]
- Funds in certain types of designated retirements accounts, in a Federal Thrift Savings Plan, an ABLE account or a myRA account. [7 C.F.R. § 273.8(e)(2); ACL 17-98.]
- Funds in tax-preferred education savings accounts. [7 C.F.R. § 273.8(e)(20), ACL 17-98.]
- The cash value of one funeral agreement per household member. [ACL 18-16.]
- COVID-19 stimulus payments are excluded for 12 months. [ACWDL, December 31, 2021.]
- The Golden State Stimulus is considered a tax refund and is there exempt for 12 months. [ACL 21-23, March 25, 2021.]
- The Pandemic Emergency Assistance Fund payment issued on July 11, 2021 is excluded for 12 months. [ACL 21-65.]
- Establishment specific gift cards do not count as resources. [FNS Revised Treatment of Gift Cards in Determining SNAP.]
- Funds in CalKIDS college accounts. [ACL 22-79.]
- Payments issued under the California Arrearages Payment Program. [ACL 22-83.]