Revision 17-4; Effective October 1, 2017

 

 

A—1210 General Policy

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Resources are assets or possessions that are either countable or exempt, depending on the program. There are liquid and nonliquid resources. Liquid resources are those that are readily available (such as cash, checking or savings accounts, debit accounts, savings certificates, stocks, or bonds). Nonliquid resources include vehicles, buildings, land, or certain other property. Texas Health and Human Services Commission (HHSC) staff must count the equity value of all resources unless otherwise specified or listed as exempt. The equity value is the fair market value of an item minus:

  • all money owed on it; and
  • the cost associated with its sale or transfer.

Staff must count resources of the:

  • members of the:
    • Temporary Assistance for Needy Families (TANF) certified group;
    • Supplemental Nutrition Assistance Program (SNAP) household; and
    • child's TP 32 and child’s TP 56  household composition;
  • alien's sponsor according to the policy in A-1245, Resources of an Alien’s Sponsor;
  • disqualified persons; and
  • stepparents in TANF households according to policy in A-1247, Resources of Stepparents.

If payments exempted as resources are kept in a separate account, those payments remain exempt. If the money is placed in an interest-bearing account, the interest must be counted as income in the month received. If the money is combined with money that is countable, staff must exempt the excluded funds for six months from the date the funds are combined. After six months, the total amount of combined funds should be counted as an available resource.

SNAP

Categorical eligibility extends to any household authorized to receive services funded by the TANF program. TANF non-cash (TANF-NC) services consist of various services such as family planning, adult education, prevention and treatment of substance abuse, and employment services. For determination of categorical eligibility based on receipt of TANF-NC, households are subject to a resource and income test.

The resource test consists of the following criteria:

  • the household’s countable liquid resources plus excess vehicle value must be $5,000 or less. Up to $7,500 cash value of a prepaid burial insurance policy, funeral plan, or funeral arrangement for each certified household member is exempt. Any cash value exceeding $7,500 must be counted as a liquid resource.
  • Up to $15,000 of the fair market value (FMV) for the highest valued countable vehicle is exempt. The excess over $15,000 FMV is counted toward the combined resource limit.
  • Up to $4,650 FMV for all other countable vehicles is exempt. The excess over $4,650 FMV is counted toward the combined resource limit. Note: Refer to the policy in A-1238, Vehicles, for additional reasons a vehicle can be exempted.

Once the recipient is authorized for TANF-NC services based on the initial resource test, all other nonliquid resources are exempt. Regular TANF policy must be followed when determining countable liquid resources within TANF-NC. The majority of resources are not applicable to SNAP.

Related Policy
Limits, A-1220
Prepaid Burial Insurance, A-1233.2
Vehicles, A-1238
How to Determine Fair Market Value of Vehicles, A-1238.5
General Policy, A-1310
Categorically Eligible Households, B-470
What to Report, B-621

Medical Programs except Children on TP 56 and Children on TP 32

Resources are not considered as a factor in determining eligibility.

Children on TP 56 and Children on TP 32

Resources are considered as a factor in determining eligibility for children on TP 56 and TP 32.

Exception: Staff must not consider resources when determining a newborn’s eligibility for TP 56 when the newborn’s mother was eligible for TP 56 or TP 32 at the time of the newborn’s birth.

 

A—1211 Requirement to Pursue Resources

Revision 15-4; Effective October 1, 2015

 

TANF

An individual must pursue all resources to which the individual is legally entitled unless it is unreasonable to pursue the resource. Advisors should develop a plan with the individual to pursue the potential resource and allow reasonable time (at least three months) to pursue the resource.

Advisors should use the comment section of Form TF0001, Notice of Case Action, to inform the individual of the requirement to pursue the resource, including the time the individual has to pursue it, and the resource is not considered available during that time.

If the individual does not pursue the resource within a reasonable time, the Eligibility Determination Group (EDG) is denied.

Exception: The individual does not have to pursue a resource if it would be unreasonable. It is unreasonable to pursue a resource if any of the following conditions exist:

  • The cost to the individual to pursue the resource exceeds the potential resource's value or causes the individual financial hardship;
  • Pursuing the resource would endanger the individual's health or safety; or
  • Legal action is required, but a private attorney or legal service refuses to accept the case. The individual must make a reasonable effort to obtain legal assistance.

SNAP

Individuals receiving SNAP benefits do not have to pursue resources.

Note: Pursuing resources could help an individual become self-sufficient, and individuals should be provided examples of resources they might be entitled to receive.

 

A—1212 Transferring Resources

Revision 13-2; Effective April 1, 2013

 

 

 

A—1212.1 Penalties for Transferring Resources

Revision 15-4; Effective October 1, 2015

 

TANF and SNAP

Households are ineligible if, within three months before application or any time after certification, the household transfers a countable resource for less than its fair market value to qualify for assistance. This penalty applies if the total of the transferred resource added to other resources affects eligibility.

Resources transferred between members of the same TANF/SNAP household do not affect eligibility. If spouses separate and one spouse transfers individual property, the other spouse's eligibility is not affected.

Children on TP 56 and Children on TP 32

Applicants or individuals who transfer resources to qualify for assistance must not be denied.

 

A—1212.2 How to Determine Intent

Revision 15-4; Effective October 1, 2015

 

TANF and SNAP

In determining an individual's intent for transferring resources for TANF and SNAP benefits, staff must consider the following:

  • How recent was the transfer of property? A recent transfer may indicate the household transferred the resource to qualify for benefits.
  • How did the applicant support the household after transferring the resource? If the applicant was self-supporting or supported by the person who received the property, then the applicant's intent was to have support rather than qualify for benefits.
  • How did the applicant transfer the property? If the applicant loaned the property but cannot recover its value after making a reasonable effort, the applicant is eligible.
  • Special or unpredictable hardships that prevent the individual from making payments for the transferred resource do not affect eligibility. The supervisor and program manager must approve these situations.

 

A—1212.3 Length of Denial Period

Revision 15-4; Effective October 1, 2015

 

TANF and SNAP

The length of denial must be based on the amount by which the transferred resource exceeds the resource maximum when added to other countable resources.

Amount in Excess of Resource Limit Denial Period
$.01 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 and more 12 months

 

Examples:

TANF: A two-person household has $1,250 in a bank account and transfers ownership of a car worth $5,650. The first $4,650 of the car's value is exempt. Add the remaining $1,000 to the other $1,250 resource. Subtract the $1,000 resource limit from the total. Use$1,250 to determine the number of months of ineligibility. According to the above chart, the household is ineligible for six months.

SNAP: A two-person household has $2,000 in a bank account and transfers ownership of a car worth $19,000. Exempt the first $15,000 FMV of the vehicle and add the remaining $4,000 to the $2,000 bank account. Subtract the $5,000 resource limit from the total. Use $1,000 to determine the number of months of ineligibility. According to the above chart, the household is ineligible for six months.

 

A—1212.4 Beginning the Denial Period

Revision 15-4; Effective October 1, 2015

 

TANF and SNAP

The denial period begins in the application month unless the household is already certified when the advisor discovers the transfer.

Once the household is certified, the advisor must send a notice of adverse action and follow adverse action procedures. The advisor must begin the denial period the first month after the month the notice of adverse action expires unless the individual requests a fair hearing and receives continued benefits.

 

A—1220 Limits

Revision 15-4; Effective October 1, 2015

 

TANF

A household is not eligible for benefits if the total value of accessible resources is over $1,000.

A household is not eligible for benefits if resources are over the limit on or after the first interview date.

If a TANF applicant/recipient fails to provide resource verification for TANF, the advisor must:

  • deny the TANF application, and
  • process the application for non-public assistance (NPA) SNAP eligibility.

SNAP

A household is not eligible for benefits if the total value of countable resources (liquid resources and excess vehicle value) is over $5,000.

A household is not eligible for benefits if resources are over the limit on or after the first interview date. Additionally, striker households are ineligible if resources are over the limit the day before the strike.

Children on TP 32 and Children on TP 56

A child is not eligible for benefits if the total value of accessible resources is over:

  • $3,000 in households with a member who is aged or has a disability and meets relationship requirements; or
  • $2,000 for all other households.

Advisors must use the SNAP definitions of aged and disability found in B-431, Definition of Elderly, and B-432, Definition of Disability. The individual who is aged or has a disability does not have to be part of the Medical Programs budget group, but must meet relationship requirements.

A child is not eligible for benefits if resources are over the limit on the process date. In determining eligibility for a prior month, the household is not eligible if resources are over the limit anytime during the prior month.

Related Policy
General Policy, A-1210
Prepaid Burial Insurance, A-1233.2
Vehicles, A-1238
How to Determine Fair Market Value of Vehicles, A-1238.5
General Policy, A-1310
Categorically Eligible Households, B-470

 

A—1230 Types of Resources

Revision 03-3; Effective April 1, 2003

 

 

 

A—1231 Accounts

Revision 07-4; Effective October 1, 2007

 

 

 

A—1231.1 Bank Accounts

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Advisors must count the cash value of checking and savings accounts unless exempt for another reason.

Related Policy
Payments Exempt as a Resource While Being Considered Income, A-1243
Inaccessible Resources, A-1241

 

A—1231.2 Debit Accounts

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Advisors must count the cash value of benefits in a debit account, less amounts deposited in the current month, as a resource. Government benefit payments may be deposited into a debit account. Advisors must verify the balance in the account using the most current information.

The most common debit accounts established for deposit of government benefits are the:

  • Electronic Benefit Transfer (EBT) cash accounts for TANF benefits;
  • unemployment insurance benefits (UIB) debit accounts;
  • Texas debit card accounts for child support payments, Office of Attorney General (OAG);
  • debit card accounts for child support payments from other states; and
  • Direct Express card debit accounts for Social Security; Retirement, Survivors and Disability Insurance (RSDI); or Supplemental Security Income (SSI) benefits payments.

This list is not intended to be all inclusive as more agencies and businesses move toward the use of debit cards to issue benefits.

Account inquiry is accessible to:

  • TANF recipients by calling the Lone Star Help Desk automated voice response system at 1-800-777-7EBT (1-800-777-7328);
  • UIB recipients online at www.ucard.chase.com or at any Chase Bank automated teller machine (ATM) free of charge;
  • child support recipients online at www.EPPICard.com;
  • Social Security recipients online at www.USDirectExpress.com, by calling 1-888-741-1115, or balance information may be obtained free of charge at any ATM that displays the MasterCard® logo.

Exception: See A-1248, Resources of TANF and SSI Recipients.

Related Policy
Retirement, Survivors, and Disability Insurance (RSDI), A-1324.16
Supplemental Security Income (SSI), A-1324.17
Temporary Assistance for Needy Families (TANF), A-1324.18
Unemployment Compensation, A-1324.19
Counting Child Support, A-1326.2.1
Client Inquiries, B-382

 

A—1231.3 Individual Development Accounts (IDAs)

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Staff must use the following policy to determine whether an IDA is a countable or exempt resource.

TANF IDAs — TANF IDAs must be used for one of the following purposes:

  • paying for a college education,
  • purchasing a home, or
  • starting a business.

The household is not required to be a TANF recipient to qualify for an IDA, but the household must be financially needy and have a child living with the custodial parent or other adult relative who meets the TANF relationship criteria or the household must consist of a pregnant woman.

The household is considered financially needy if the household is eligible to receive TANF, SNAP, or any Medical Program except TP 56. For TP 56, the household is considered financially needy if its gross income is below 185 percent of the Federal Poverty Income Limit (FPIL).

Any earnings, including Earned Income Tax Credit (EIC), deposited in a TANF IDA must be excluded from resources. Any interest earned on the account must be excluded from resources. Any deposits into an IDA not made with earnings, or withdrawals from an IDA that are not made for an allowable qualifying purpose, should count as a resource.

Assets for Independence Act (AFIA) IDAs — AFIA IDAs are funded and authorized under the AFIA and must meet one of the same qualifying purposes as TANF IDAs. Any earnings, including EIC, deposited in an AFIA IDA must be excluded from resources. Any interest earned on the account must also be excluded from resources. Any deposits into an IDA not made with earnings, or withdrawals from an IDA that are not made for an allowable qualifying purpose, should count as a resource.

Other IDAs — These IDAs do not meet one of the qualifying purposes of paying for a college education, purchasing a home, or starting a business and should be counted as a resource. The interest earned on these accounts must be counted as unearned income.

For any type of IDA, matched funds are not counted as a resource, as they are not accessible to the household.

Exception: IDAs are exempted if Long Term Care certifies them as meeting the Social Security criteria for a Plan to Achieve Self-Sufficiency (PASS).

 

A—1231.4 Retirement Accounts

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

A retirement account is one in which an employee and/or the employer contributes money for retirement. There are several types of retirement plans.

Some of the most common plans authorized under Section 401(a) of the Internal Revenue Services (IRS) Code are the 401(k) plan, Keogh, Roth individual retirement account (IRA), and a pension or traditional benefit plan. Common plans under Section 408 of the IRS Code are the IRA, Simple IRA, and Simplified Employer Plan.

  • A 401(k) plan allows an employee to postpone receiving a portion of current income until retirement.
  • An IRA is an account in which an individual contributes money to supplement the individual’s retirement income (regardless of the individual’s participation in a group retirement plan).
  • A Keogh plan is an IRA for a self-employed individual.
  • A Simplified Employee Pension (SEP) plan is an IRA owned by an employee to which an employer makes contributions or an IRA owned by a self-employed individual who makes contributions for the individual’s self.
  • A pension or traditional defined benefit plan is employer-based and promises a certain benefit upon retirement regardless of investment performance.

The following retirement accounts or plans are excluded:

  • Accounts established under Internal Revenue Code of 1986, Sections 401(a), 403(a), 403(b), 408, 408A, 457(b), 501(c)(18);
  • Plans established under the Federal Thrift Savings Plan, Section 8439, Title 5, United States Code; and
  • Other retirement accounts determined to be tax exempt under the Internal Revenue Code of 1986.

Any other retirement accounts not established under plans or codes listed above are counted.

Related Policy
Lump-Sum Payments, A-1242

 

A—1231.5 Education Tuition Savings Plan

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Internal Revenue Service Code, Section 529 and 530, Coverdell Education Tuition Savings Plans, which provide special tax benefits for school tuition savings accounts, are exempt.

Section 529 qualified tuition programs allow owners to prepay a student's education expenses or contribute to an account to pay those expenses. Examples of Section 529 accounts are:

  • Texas College Savings Plan;
  • LoneStar 529 Plan; and
  • Texas Guaranteed Tuition Plan (formerly the Texas Tomorrow Fund).

A Coverdell Education Savings Account is a trust or custodial account set up in the U.S. for the sole purpose of paying qualified education expenses for the designated beneficiary of the account. There is no limit to the number of accounts that can be established for a beneficiary. The designated beneficiary must be under age 18 at the time the account is established. The plan may be for elementary school through college.

 

A—1231.6 Achieving a Better Life Experience (ABLE) Accounts

Revision 17-1; Effective January 1, 2017

Achieving a Better Life Experience (ABLE) programs allow individuals who become blind or disabled before age 26 to establish tax-free savings accounts for the designated beneficiary's disability-related expenses.

TANF, SNAP, Children on TP 32 and Children on TP 56

Funds held in an ABLE account are excluded from countable resources when determining eligibility.

Related Policy:

Achieving a Better Life Experience (ABLE) Accounts; A-1326.25  

 

A—1231.7 School-Based Savings Accounts

Revision 17-4; Effective October 1, 2017

 

All Programs

School-Based Savings Accounts are accounts set up by students or their parents at financial institutions that partner with school districts. The accounts are intended to help students save for higher education.

TANF, Children on TP 32 and Children on TP 56

Funds in School-Based Savings Accounts are exempt up to an amount set by the Texas Higher Education Coordinating Board (THECB) each year. The current exempt amount is $11,896. Count any excess over the exempt amount as a resource.

Note: This amount is updated annually.

SNAP

The total amount of funds in a School-Based Savings Account is exempt.

 

Related Policy

School-Based Savings Accounts, A-1326.26

 

A—1232 Government Payments

Revision 07-4; Effective October 1, 2007

 

 

 

A—1232.1 Crime Victim's Compensation Payments

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Crime victim's compensation payments are exempt from resources.

 

A—1232.2 Federal Tax Refunds and Earned Income Tax Credits (EIC)

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Federal tax refunds and EIC payments are exempt from resources for a period of 12 months after receipt.

Related Policy
Federal Tax Refunds and Earned Income Tax Credits (EIC), A-1323.5.1

 

A—1232.3 Energy Assistance Payments

Revision 15-4; Effective October 1, 2015

TANF, SNAP, Children on TP 32 and Children on TP 56

Payments or allowances made under any federal law for the purpose of energy assistance are exempt.

Related Policy
Energy Assistance, A-1326.3

 

A—1232.4 Government Disaster Payments

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Federal disaster payments and comparable disaster assistance provided by states, local governments, and disaster assistance organizations if the household is subject to legal penalties when the funds are not used as intended (including temporary employment of six months or less for disaster-related work, paid under the Workforce Innovation and Opportunity Act and funded by the National Emergency Grant) are exempt.

Examples:

  • Payments by the Individual and Family Grant Program or Small Business Administration to rebuild a home or replace personal possessions damaged in a disaster.
  • Payments from the Federal Emergency Management Agency (FEMA) to assist with rent.

Related Policy
Government Disaster Payments, A-1324.3

 

A—1232.5 Transitional Living Allowance

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Transitional living allowances are exempt.

Related Policy
Transitional Living Allowance, A-1324.5

 

A—1232.6 Native and Indian Claims

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The following payments resulting from Public Laws are exempt:

  • Payments to Grand River Band of Ottawa Indians (Public Law [PL] 94-540).
  • Payments to Passamaquoddy Tribe, the Penobscot Nation, and the Houlton Band of Maliseet Indians received according to the Maine Indian Claims Settlement Act of 1980 (PL 96-420, Section 9(c)).
  • Payments to members of the Seneca Nation (PL 101-503).
  • Payments to Confederated Tribes and Bands of the Yakima Indian Nation and the Apache Tribe of the Mescalero Reservation, received from the Indian Claims Commission (PL 95-433).
  • Payments made under the Sac and Fox Indian Claims Agreement (PL 94-189).
  • Payments received by certain Indian tribal members under PL 94-114, Section 6, regarding submarginal lands held in trust by the United States.
  • Payments from Indian lands held jointly with the tribe or land that can be sold only with approval of the Bureau of Indian Affairs.

SNAP and TANF

The following distributions and payments are exempt:

  • Distributions from native corporations made under the Alaska Native Claims Settlement Act (ANCSA) (PL 92-203 and Section 15 of PL 100-241), as follows:
    • cash up to $2,000 per person per calendar year;
    • stocks;
    • a partnership interest;
    • land or interest in land; or
    • an interest in a settlement trust.
  • Payments (and any initial purchases made with such funds) distributed by the Secretary of Interior to families or individual tribal members (PL 93-134) including:
    • tribal trust funds distributed to individual members of an Indian tribe (PL 98-64);
    • judgment funds granted to a tribe because of claims against the United States and held in trust or distributed per capita (PL 97-458); and
    • payments distributed per capita to or held in trust for members of any Indian tribe under PL 92-254.

SNAP

The following four types of property belonging to a member of a federally recognized Indian tribe are exempt:

  • Property, which may be real property and improvements, that is held in trust located on a reservation, including any federally recognized Indian tribe reservation, pueblo or colony. Property may be located on former reservations in Oklahoma, in Alaska native regions established by the Alaska Native Claims Settlement Act, and on Indian allotments on or near a reservation as designated and approved by the Bureau of Indian Affairs.
  • For any federally recognized tribe not listed in the previous item, property located on a past federally recognized reservation.
  • Ownership interests in rents, leases, royalties, or usage rights related to natural resources that are federally protected by the Bureau of Indian Affairs.
  • Ownership or usage rights to property not in the previous items that have unique religious, spiritual, traditional or cultural significance, or ownership or usage rights that allow the continuation of the Indian lifestyle according to tribal law or custom.

 

A—1232.7 Payments to Children of Vietnam Veterans

Revision 03-7; Effective October 1, 2003

 

 

 

A—1232.7.1 Payments to Children of Vietnam Veterans Who Are Born with Spina Bifida

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Exempt Veterans Affairs (VA) payments made under PL 104-204.

 

A—1232.7.2 Payments to Children of Women Vietnam Veterans Born with Certain Birth Defects (Public Law 106-419)

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Exempt VA payments made under PL 106-419.

 

A—1232.8 Payments to Civilians Relocated During Wartime

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Payments to civilians relocated during wartime made under Title I of PL 100-383 are exempt. These payments are made to Aleuts or individuals of Japanese ancestry (or their heirs) who were relocated during World War II.

 

A—1232.9 Payments to Victims of Nazi Persecution

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Payments made to individuals because of their status as victims of Nazi persecution are exempt.

 

A—1232.10 Radiation Exposure Compensation Act Payments

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Payments provided from the Radiation Exposure Compensation Act, PL 101-426, are exempt.

 

A—1232.11 Payments to World War II Filipino Veterans and Spouses

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Under the American Recovery and Reinvestment Act of 2009 (Division A, Title X, Section 1002), some World War II Filipino veterans who served in the military forces of the Government of Commonwealth of the Philippines, and their spouses, are authorized to receive one-time lump sum payments of up to $15,000.

These payments are exempt.

 

A—1232.12 Relocation Assistance

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Payments provided by the following are exempt:

  • The Uniform Relocation Assistance and Real Properties Acquisition Act of 1970.
  • PL 93-531 to members of the Navajo or Hopi tribes.

 

A—1232.13 DFPS Relative Caregiver Reimbursement Program Payments

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The remaining balance of the One-Time Integration Payment is considered as a resource in the month(s) after receipt.

The remaining balance of the Flexible Support Payments is considered as a resource in the month(s) after receipt.

Related Policy
DFPS Relative Caregiver Reimbursement Program Payments, A-1324.21

 

A—1233 Insurance

Revision 03-5; Effective July 1, 2003

 

 

 

A—1233.1 Life Insurance

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The cash value of life insurance policies is exempt.

 

A—1233.2 Prepaid Burial Insurance

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Up to $7,500 cash value of a prepaid burial insurance policy, funeral plan, or funeral agreement for each certified household member is exempt. The cash value exceeding $7,500 is counted as a liquid resource.

The individual's statement of cash value should be accepted, unless the amount is questionable or close to the maximum allowable limits.

Related Policy
General Policy, A-1210
Limits, A-1220
Vehicles, A-1238
How to Determine Fair Market Value of Vehicles, A-1238.5
General Policy, A-1310
Categorically Eligible Households, B-470

 

A—1234 Noneducational Loans

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Financial assistance is considered as a loan if:

  • there is an understanding the money will be repaid, and
  • the individual can reasonably explain how the loan will be repaid.

These loans are exempt from resources, but assistance that is not considered a loan, such as a contribution, is counted as unearned income.

Related Policy
Cash Gifts and Contributions, A-1326.1
Loans (Noneducational), A-1326.7

 

A—1235 Personal Possessions

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Exempt personal possessions.

 

A—1236 Property

Revision 03-1; Effective January 1, 2003

 

 

 

A—1236.1 Burial Plots

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Exempt all burial plots.

Related Policy
Prepaid Burial Insurance, A-1233.2

 

A—1236.2 Homestead

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The usual residence and surrounding property not separated by property owned by others is exempt. The exemption remains in effect if public rights of way, such as roads, separate the surrounding property from the home. The homestead exemption applies to any structure the individual uses as a primary residence, including additional buildings on contiguous land, a houseboat, or a motor home, as long as the household lives in it. If the household does not live in the structure, the structure is counted it as a resource. Houseboats and motor homes count according to vehicle policy, if not considered the household's primary residence or otherwise exempt. The equity value of extra buildings counts unless the buildings are exempt for another reason.

For households that currently do not own a home, but own or are purchasing a lot on which they intend to build, the lot and partially completed home are exempt.

TANF

Households cannot claim real property outside Texas as a homestead. Exception: Migrants and itinerant workers who meet the residence requirements in A-710, General Policy, may claim an exemption for a homestead outside Texas.

SNAP

All homesteads and property are exempt.

 

A—1236.2.1 Homestead Temporarily Unoccupied

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

A homestead temporarily unoccupied because of employment, training for future employment, illness (including receiving medical treatment), casualty (fire, flood, state of disrepair, etc.), or natural disaster, if the household intends to return, is exempt.

 

A—1236.2.2 Sale of a Homestead

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Money remaining from the sale of a homestead is counted as a resource.

 

A—1236.3 Income-Producing Property

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Income-producing property is any real or personal property that generates income. Property is exempt if the property:

  • is essential to a household member's employment or self-employment, such as tools of a trade, farm machinery, stock, and inventory (this property continues to be exempt during temporary periods of unemployment if the individual expects to return to work);
  • annually produces income consistent with a fair market value comparable in the community, even if used only on a seasonal basis such as rental property (to determine that the income produced is comparable to the fair market value for similar usage of real property in the area, eligibility staff may contact local realtors, tax assessors, the Small Business Administration or similar sources); or
  • is necessary for the maintenance or use of a vehicle exempted as income-producing or as necessary for transporting a household member with a physical disability. The portion of the property used for this purpose is exempt.

Note: For farmers or fishermen, the value of land or equipment continues to be exempt for one year from the date that the self-employment ceases.

 

A—1236.4 Real Property

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Equity value of real property counts unless it is otherwise exempt.

Any portion of real property directly related to the maintenance or use of a vehicle is exempt if the vehicle is:

  • necessary for self-employment, or
  • to transport a household member with a physical disability.

The equity value of any remaining portion counts unless it is otherwise exempt.

SNAP

Real property is exempt.

 

A—1236.4.1 Exemption Based on Good Faith Effort to Sell

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Real property is exempt if the household is making a good faith effort to sell it.

 

A—1236.5 Jointly Owned Property

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Property jointly owned by the household applying and other individuals not applying for or receiving benefits is exempt if the:

  • household provides proof they cannot sell or divide the property without consent of the other owners; and
  • other owners will not sell or divide the property.

SNAP

Jointly owned property is exempt.

Related Policy
Solely Owned Vehicles, A-1238.1

 

A—1237 Trust Funds

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Trust funds are exempt if all of the following conditions are met:

  • The trust arrangement is unlikely to end during the certification period;
  • No household member can revoke the trust agreement or change the name of the beneficiary during the certification period;
  • The trustee of the fund is either a:
    • court, institution, corporation, or organization not under the direction or ownership of a household member; or
    • court-appointed individual who has court-imposed limitations placed on the use of the funds; and
  • The trust investments do not directly involve or help any business or corporation under the control, direction, or influence of a household member. Trusts established from the household's own funds are exempt if the trustee uses the funds:
    • only to make investments on behalf of the trust; or
    • to pay the education or medical expenses of the beneficiary.

 

A—1238 Vehicles

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The total value of all licensed vehicles used for income-producing purposes is exempt. A vehicle is considered income-producing if it:

  • is used as a taxi, a farm truck or fishing boat;
  • is used to make deliveries as part of the individual's employment;
  • is used to make calls on individuals or customers;
  • is required by the terms of employment; or
  • produces income consistent with its fair market value.

A vehicle necessary to transport a member with a physical disability on the EDG or a person with a physical disability living in the home is exempt even if the person is disqualified and regardless of the purpose of the trip. No more than one vehicle for each member with a physical disability may be exempt. There is no requirement that the vehicle be used primarily for the person with a physical disability. The SNAP work-registration criteria should be used to determine physical disability for this exclusion.

Note: These exemptions remain in effect when the vehicle is temporarily not in use.

SNAP

The following vehicles are exempt even when the vehicle is temporarily not in use:

  • vehicles necessary for long-distance travel for employment such as the vehicle of a traveling salesperson or of a migrant farm worker who is following the migrant stream (this does not include daily commuting);
  • vehicles used as the household's home;
  • vehicles necessary to carry fuel for heating or water when it is anticipated to be the primary source of fuel or water for the household during the certification period. Examples of situations in which a vehicle may be exempt because it is necessary to carry the household's primary source of water or fuel for heating include the following:
    • the home does not have any connected utilities; or
    • the home is connected to utilities but the utilities cannot be used for some reason, such as:
      • a verifiable health risk exists if the household drinks the water, or
      • the utilities are disconnected because the household failed to pay its bills.

The vehicle exemption remains in effect until the above criteria no longer exist. The vehicle exemption also remains in effect for:

  • any licensed vehicle with equity value less than or equal to $1,500;
  • one vehicle with an FMV less than $4,650 for each adult household member, regardless of how the vehicle is used*;
  • any other licensed vehicle with an FMV less than $4,650 that a
    minor (under age 18) drives to work, training, school, or to seek
    employment*; and
  • for all other licensed and unlicensed vehicles, the FMV in excess of $4,650 is counted as a resource.

* This also applies to any person who is an ineligible alien or disqualified member of the SNAP household. The FMV of each vehicle in excess of $4,650 is counted as a resource.

Up to $15,000 of the FMV for the highest valued countable vehicle is exempt. The FMV in excess of $15,000 is counted as a resource.

TANF, Children on TP 32 and Children on TP 56

Vehicles with an FMV of less than $4,650 are excluded, regardless of the number of vehicles owned by a TANF-certified or disqualified household member. The FMV in excess of $4,650 counts toward the household's resource limit.

 

A—1238.1 Solely Owned Vehicles

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

A vehicle with a title registered solely in one person's name is considered an accessible resource for that person. This includes:

  • vehicles involved in community property issues when one person's name is on the title; and
  • a vehicle registered solely in the individual's name that the individual claims to have purchased for someone else.

Exceptions: The vehicle is inaccessible if the title holder verifies that:

  • the vehicle was sold but the name on the title has not been transferred to the buyer (in this situation, the vehicle belongs to the buyer);

Note: Any payments made by the buyer to the individual or the individual's creditors (directly) count as self-employment income (see A-1323.4, Self-Employment).

  • the vehicle was sold but the buyer has not transferred the title into the buyer's name;
  • the vehicle was repossessed;
  • the vehicle was stolen; or
  • the title holder filed for bankruptcy (Title 7, 11 or 13), and the individual is not claiming the vehicle as exempt from the bankruptcy estate. Note: In most bankruptcy petitions, the court will allow each adult individual to keep one vehicle as exempt for the bankruptcy estate. This vehicle is a countable resource.

A vehicle is accessible to an individual even though the title is not in the individual's name if the individual:

  • purchased or is purchasing the vehicle from the person who is the title holder; or
  • is legally entitled to the vehicle through an inheritance or divorce settlement.

 

A—1238.2 Jointly Owned Vehicles

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Vehicles jointly owned with another person not applying for or receiving benefits are considered inaccessible if the other owner is not willing to sell the vehicle.

Exception: See A-1247, Resources of Stepparents.

 

A—1238.3 Vehicles Over 20 Years Old

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The value of a vehicle over 20 years old is exempt if the value is not available. If the applicant provides the value for a vehicle older than 20 years, the amount provided should be accepted. Note: A vehicle’s age during any month of that year should be considered.

 

A—1238.4 Leased Vehicles

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

A person leasing a vehicle is not generally considered the owner of the vehicle because the:

  • vehicle does not have any equity value,
  • person cannot sell the vehicle, and
  • title remains in the leasing company's name.

A leased vehicle is exempt until the individual exercises the option to purchase the vehicle. Once the individual becomes the owner of the vehicle, the vehicle counts as a resource.

The individual is the owner of the vehicle if the title is in the individual's name, even if the individual and the dealer refer to the vehicle as leased, and the vehicle counts as a resource.

 

A—1238.5 How to Determine Fair Market Value of Vehicles

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The FMV of licensed vehicles is determined using the average wholesale value listed in the Vehicles Registered at Address report from the Data Broker System. After the vehicle value is verified, it does not have to be re-verified unless resources are close to the resource limit and a change in the vehicle value results in a change in eligibility status. Note: If the household claims the listed value does not apply because the vehicle is in less-than-average condition, the household must provide proof of the true value from a reliable source, such as a bank loan officer or a local licensed car dealer.

The basic value of a vehicle is not increased because of low mileage, optional equipment, or special equipment for a person with a disability.

The household's estimate of the value of vehicles no longer listed in the Data Broker System should be accepted, unless it is questionable and would affect the household's eligibility. In this case, the household must provide an appraisal from a licensed car dealer or other evidence of the car's value, such as a tax assessment or a newspaper advertisement indicating the sale value of similar vehicles.

The value of new vehicles not yet listed in the Data Broker System may be determined by asking the household to provide an estimate of the average wholesale value from a new car dealer or bank loan officer. If this cannot be done, the individual's estimate should be accepted unless it is questionable and would affect eligibility. The car's loan value should be used only if other sources are unavailable. Advisors must request proof of the value of licensed antiques and custom made or classic vehicles from the household if an accurate appraisal cannot be made.

Determining Vehicle Resource Values
Type of Vehicles SNAP TANF, Children on TP 32 and Children on TP 56
Income-producing Exempt Exempt
Vehicle for a person with a physical disability living in the home Exempt Exempt
Equity value less than or equal to $1,500 Exempt Not applicable
Long distance travel for employment Exempt Exempt up to $4,650 of FMV. Count excess.
Household's home Exempt Exempt up to $4,650 of FMV. Count excess.
Carry fuel or water Exempt Exempt up to $4,650 of FMV. Count excess.
Primary vehicle/Highest valued countable vehicle Exempt up to $15,000 of FMV. Count excess. Exempt up to $4,650 of FMV. Count excess.
One vehicle for each adult household member, regardless of use Exempt up to $4,650 of FMV. Count excess. Exempt up to $4,650 of FMV. Count excess.
Any vehicle used by a household member under age 18 for employment, training, education or to seek employment Exempt up to $4,650 of FMV. Count excess. Exempt up to $4,650 of FMV. Count excess.
Other licensed vehicles Exempt up to $4,650 of FMV. Count excess Exempt up to $4,650 of FMV. Count excess.
Unlicensed vehicles Exempt up to $4,650 of FMV. Count excess. Exempt up to $4,650 of FMV. Count excess.

 

See A-1238, Vehicles, for the specific policy for determining the countable value of a vehicle.

 

A—1239 Educational Assistance

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Educational assistance (including education loans, regardless of the source) is exempt during the period it is intended to cover. If the individual combines the educational assistance with other countable funds, such as a bank account, the educational assistance is exempt during the period that it is intended to cover. For example, educational assistance intended for the months of January through May is an exempt resource during the same months.

Related Policy
Educational Assistance, A-1322.1

 

A—1240 Determining Countable Resources in Special Situations

Revision 06-4; Effective October 1, 2006

 

 

A—1241 Inaccessible Resources

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

The equity value of resources that are not legally available (inaccessible) to the household are exempt.

Examples: Irrevocable trust funds, property in probate, security deposits on rental property and utilities, and the balance of a note from the sale of property.

Money received from a nonmember is inaccessible if:

  • it is intended and used only for a nonmember's benefit, and
  • the individual can provide verification of the intent and use of the money.

This includes any bank account that a household member has access to. A bank account is considered inaccessible if the money in the account is used solely for the nonmember's benefit.

The household must provide verification that the bank account is used solely for the nonmember's benefit and that no household members use the money in the account for their benefit. If household members use any of the money for their benefit, the bank account must be considered accessible to the household.

A temporarily inaccessible resource is exempt until the resource is accessible. Government savings bonds are an example of a temporarily inaccessible resource. These types of savings plans are usually inaccessible for a definite time from the date the individual makes a withdrawal request. The date the household applies is used as the date of the withdrawal request, unless the household has a withdrawal request pending at the time of application. For these pending withdrawals, the date of the actual withdrawal request is used to determine the length of time the resource is inaccessible.

Related Policy
Solely Owned Vehicles,A-1238.1
Jointly Owned Vehicles, A-1238.2
Bank Accounts, A-1231.1

 

A—1241.1 Nonliquid Resources

Revision 17-1; Effective January 1, 2017

 

SNAP

Nonliquid resources, except vehicles, are exempt. Vehicle policy in A-1238, Vehicles, applies.

TANF, Children on TP 32 and Children on TP 56

Count the equity value of nonliquid resources.

 

A—1242 Lump-Sum Payments

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Countable lump-sum payments include, but are not limited to, retroactive lump-sum RSDI, public assistance, retirement benefits, lump-sum insurance settlements, refunds of security deposits on rental property or utilities, and lump-sum payments on child support.

Lump-sum payments received once a year or less frequently are counted as resources in the month received (unless specifically excluded by other policies).

Lump-sum payments received or anticipated to be received more often than once a year are counted as unearned income in the month received.

If a portion of a lump sum will be received as ongoing income, that ongoing portion is counted as income for that month.

Example: An individual receives a lump-sum payment in the amount of $4,950 from the Social Security Administration in the month of March. Effective that same month, the individual receives his first monthly RSDI payment of $950, which is included in the $4,950 lump-sum payment. Staff must budget the $950 RSDI payment beginning with the month of March as an ongoing payment and consider the $4,000 as a lump-sum payment.

Exceptions:

  • Federal tax refunds and EICs are exempt from resources for a period of 12 months after receipt.
  • If an individual is scheduled to receive retroactive SSI benefits
    in installment payments (up to three payments, paid every six months):
    • the payments count as a resource in the month received if the individual is not a current SSI recipient, or
    • the payments are excluded if the individual is a current SSI recipient.

Related Policy
Cash Gifts and Contributions, A-1326.1
Lump-Sum Payments, A-1331

TANF, Children on TP 32 and Children on TP 56

The One-Time Temporary Assistance for Needy Families (OTTANF) payment is exempt from resources for the month of receipt because the household is a TANF recipient that month. The remaining OTTANF benefits are considered a resource the month after receipt.

A One-Time Grandparent payment is a resource of the TANF-certified grandchild(ren) and is exempt from resources as explained in A-1248, Resources of TANF and SSI Recipients.

Related Policy
When Receipt of TANF Is Uncertain, A-161

 

A—1243 Payments Exempt as a Resource While Being Considered Income

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

If a payment or benefit counts as income for a particular month, it is not counted as a resource in the same month. If you prorate a payment as income over several months, no portion of the payment is considered a resource during that time.

Example: Income of students or self-employed persons that is prorated over several months.

If the individual combines this money with countable funds, such as a bank account, the prorated amounts are exempt for the time prorated.

 

A—1244 Reimbursements

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Reimbursements are counted as a resource in the month after receipt.

Reimbursements earmarked and used for replacing or repairing an exempt resource are exempt indefinitely.  

Related Policy
Reimbursements, A-1332

 

A—1245 Resources of an Alien's Sponsor

Revision 16-4; Effective October 1, 2016

 

TANF, SNAP and Children on TP 56

Resources of an alien's sponsor and spouse (if the spouse also signed an affidavit of support) must be evaluated. The sponsor's countable resources must be determined when determining the applicant's resources. The total value of these resources must be reduced by $1,500. See the Glossary for the definition of an alien sponsor.

The remainder must be added to the alien's countable resources. If someone sponsors more than one alien, the amount of countable resources is prorated evenly among all the aliens who apply for or get benefits.

This policy does not apply to sponsored aliens who:

  • are under age 18;
  • are ineligible for benefits (examples include those who are
    disqualified from getting benefits or those considered non-members, such
    as students who do not meet SNAP student eligibility criteria);
  • have become naturalized U.S. citizens;
  • have worked or can receive credit for 40 quarters of work;
  • have a deceased sponsor;
  • have a sponsor who is a member of the alien’s household/Modified Adjusted Gross Income (MAGI) household composition;
  • are refugees, parolees, asylum grantees, Amerasians, victims of severe trafficking or Cuban/Haitian entrants;
  • are battered alien spouses of U.S. citizens or of legal permanent residents, children of battered aliens, or parents of battered children, if (1) HHSC determines the battery is substantially related to the need for benefits, and (2) the battered person does not live with the batterer; or
  • are indigent.

    Notes:
    • The criterion for indigent aliens applies only if the alien does not meet one of the other exceptions noted in this list. Only the amount the sponsor will give the alien for a 12-month period starting the date HHSC makes the indigence determination should be deemed. Each determination is renewable for additional 12-month periods.

      Each time a determination of indigence is made, a memo must be sent with the name, address, Social Security number and date of birth, of both the indigent alien and the indigent alien’s sponsor, to Texas Works Policy Section, Austin, Mail Code 2115. Before sending the memo, tell the alien that the state office must report the sponsor to the OAG for failure to give support as required on the sponsor affidavit. The alien may choose to have the sponsor's resources deemed if the alien does not want the state office to send this report.

    • The sponsor's resources must not be deemed for 12 months for battered aliens, starting the month the alien is certified for any benefit. A new 12-month period must not be assigned if the alien reapplies after denial of benefits. After the first 12 months, the sponsor's resources continue to be exempt from deeming if (1) a court or the U.S. Citizenship and Immigration Services recognize the battery, (2) HHSC determines the battery has a substantial connection to the need for benefits, and (3) the alien does not live with the batterer.
    • The following list of circumstances may be used as a guide in making the substantial connection between the battery and the need for benefits. Staff may determine whether the battered alien needs the benefits:
      • to become self-sufficient after leaving the abuser;
      • to escape the abuser and/or the community in which the abuser lives;
      • to ensure the battered alien’s safety;
      • to replace financial support lost as a result of the separation from the abuser;
      • because of the loss of a job or reduced earnings resulting from the battery or cruelty;
      • because the battered alien needs medical attention or mental health counseling or now has a disability due to the battery;
      • because the battered alien lost the home, and the separation from the abuser jeopardizes the battered alien's ability to care for the children;
      • to reduce nutritional risks;
      • to get medical care for a pregnancy resulting from sexual assault or abuse; or
      • to replace medical coverage or health care services.

TANF and Children on TP 56

This policy does not apply to:

  • sponsored aliens whose sponsors get TANF or SSI; or
  • the dependent child of a sponsor or sponsor's spouse.

SNAP

This policy does not apply to:

  • sponsored aliens whose sponsors get SNAP as a member of the same household; or
  • organizations or groups that sponsor aliens.

 

A—1246 Resources of Residents in Shelters for Battered Persons

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Resources of residents in shelters for battered persons are exempt if:

  • the resources are jointly owned by the household in the shelter and members of the former household; and
  • the shelter resident's access to the value of the resource depends on the agreement of a joint owner who still lives in the resident's former household.

 

A—1247 Resources of Stepparents

Revision 15-4; Effective October 1, 2015

 

TANF

All resources of a stepparent must be counted if the stepparent is included in the certified group. When the stepparent is not included in the certified group, only the legal parent's half of a jointly owned resource should be counted.

Children on TP 32 and Children on TP 56

When a stepparent is included in the child's household composition, all resources of a stepparent are counted.

Related Policy
Earnings of a New TANF Spouse, A-1249.2

 

A—1248 Resources of TANF and SSI Recipients

Revision 15-4; Effective October 1, 2015

 

TANF, Children on TP 32 and Children on TP 56

Resources of an SSI recipient living in the home (even when the resources are available to the TANF-certified member or Medical Programs household member) are exempt if:

  • the SSI recipient would otherwise be a certified member in the TANF or Medical Programs EDG;
  • the SSI recipient would otherwise be someone whose income is:
    • "applied" to the TANF budget; or
    • included in the Medical Programs household composition; or
  • a TANF-certified or disqualified person or member of the Medical Programs household composition is the SSI recipient's payee.

Note: This policy applies to:

  • persons whose SSI financial assistance is denied because of earnings who continue to receive SSI Medicaid; and
  • children who receive SSI Medicaid (TP 19) whom the individual chooses not to include in the TANF-certified group.

If other SSI recipients live in the home and contribute to a member of the TANF-certified/disqualified group or Medical Programs household composition, policy for contributions in A-1326.1, Cash Gifts and Contributions, should be followed.

SNAP

Resources of TANF and SSI recipients are exempt unless the recipient owns them with another member of the same SNAP household who does not receive TANF or SSI.

Note: A household member is a TANF or SSI recipient even if the benefit:

  • has not yet been received,
  • is suspended, or
  • is being recouped.

When a TANF or SSI recipient owns a resource with a member of the same SNAP household who does not receive TANF or SSI, countable resources are determined as follows:

  • Nonliquid resources — The TANF or SSI recipient's portion of a nonliquid resource is exempt if the recipient jointly owns it with another member of the SNAP household.
  • Liquid resourcesLiquid resources are determined to be exempt or countable according to the following guidelines:
    • Commingled resources — The TANF or SSI recipient's portion of commingled resources are exempt for six months from the month the individual combined them. After six months, the total amount of commingled resources is counted as an available resource to the non-TANF/SSI recipient if it continues to be accessible.
    • Jointly owned resources (not commingled) — These resources are exempt if all the money is contributed only by the TANF or SSI recipient and the resource is used solely for:
      • expenses of the TANF or SSI recipient; or
      • common household expenses.

 

A—1249 Resources Resulting from Earnings

Revision 04-1; Effective January 1, 2004

 

 

 

A—1249.1 Earnings of a Child

Revision 15-4; Effective October 1, 2015

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Staff must exempt any liquid resources resulting from the earnings of a child (certified child for TANF or eligible child for Medical Programs) who is attending school:

  • full time, or
  • less than full time and employed less than 30 hours a week.

Note: A child who is home schooled or attends general equivalency diploma (GED) classes is eligible for the resource exclusion.

Resources of a child that are commingled with resources of other household or non-household members are excluded. The child's liquid resources are exempt for six months from the month the resources were combined. After six months, the amounts previously earned as a resource are counted.

 

A—1249.2 Earnings of a New TANF Spouse

Revision 15-4; Effective October 1, 2015

 

TANF

The liquid resources of a TANF recipient's new spouse are excluded for six months beginning the month after the date of the marriage if the:

  • resource results from the new spouse's earnings, and
  • total gross income of the budget group does not exceed 200 percent FPIL for the family size.

Note: This applies to both ceremonial and common law marriages. The following are included in the budget group:

  • the caretaker or payee of the TANF-certified group;
  • the new spouse of the TANF caretaker or payee;
  • each dependent of the TANF caretaker or payee and the new spouse
    who meets the TANF age and relationship requirements and lives in the
    household; and
  • anyone who would be a required member if not disqualified or ineligible such as an SSI recipient or ineligible alien.

If the household fails to provide verification of the marriage, the exclusion is not allowed. After six months, the amount previously earned is counted as a resource.

 

A—1250 Verification Requirements

Revision 16-2; Effective April 1, 2016

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Staff must verify:

  • resources if:
    • they are questionable,
    • the value is within $300 of the maximum allowable limit, or
    • it is a regional requirement.
  • all checking or savings accounts at application or when a household reports a new account (except SNAP, see below).
  • that inaccessible resources, including bank accounts:
    • are used solely for the non-member's benefit, and
    • that no household members use the money for their benefit.
  • a person’s statement about the inaccessibility of a vehicle if it is within $300 of the resource limit.
  • the fair market value of licensed vehicles as explained in A-1238.5, How to Determine Fair Market Value of Vehicles.
  • an exempt trust fund that meets conditions in A-1237, Trust Funds.
  • the exempt or countable status of an education and/or retirement plan or account at application or when a household reports a new account.
  • the death of an alien's sponsor (does not apply to children on TP 32).

TANF, Children on TP 32 and Children on TP 56

Staff must verify a good faith effort to sell by verifying that the:

  • property is for sale, and
  • household has not refused a reasonable offer.

SNAP

Staff must verify:

  • the equity value of a licensed vehicle if exempting the vehicle because the equity value is less than or equal to $1,500.
  • a bank account if verification can be obtained during the interview. If verification cannot be obtained during the interview, the person’s statement may be accepted without verification if:
    • the person states that the household's total combined balance for all accounts does not exceed $1,000; and
    • the person’s statement is not questionable.

The EDG is pended only if the reported account balance exceeds $1,000 or the person’s statement is questionable.

TANF

Staff must verify:

  • the date of marriage between a TANF recipient and new spouse. The date of marriage is used to determine the six-month period in which the new spouse's earnings can be excluded as a resource.
  • the amount of liquid resources resulting from the earnings of a new TANF spouse.

 

A—1251 Verification Sources

Revision 16-2; Effective April 1, 2016

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Vehicles

  • Data Broker System;
  • Statements from:
    • Finance company or bank,
    • Insurance agent,
    • Car dealers, or
    • Texas Motor Vehicle Commission;
  • City or county government records; and
  • Newspapers.

Real Property

  • Data Broker System;
  • Statements from:
    • Tax appraisal/collector office,
    • County courthouse official,
    • Real estate company,
    • Bank or financial institution,
    • Local land owners (nonrelative), or
    • County agent.

Alien Sponsor's Death

  • Copy of death certificate
  • Birth Verification System record
  • Doctor's statement
  • Social Security claim number or evidence of receipt of widow's or
    survivor's benefits from the deceased person's Social Security number
  • U.S. Department of Veterans Affairs or military service records
  • Indian census record
  • Statement from funeral director
  • Records from the hospital or other institution where the person died
  • Insurance company records

Note: Does not apply to children on TP 32.

Alternate Sources for Alien Sponsor's Death

  • Newspaper death notice/obituary
  • State or local public assistance records (including burial payment records)
  • Lodge, club or other organization records
  • Police records
  • Statement from clergy
  • "In Memoriam" card

Note: Does not apply to children on TP 32.

TANF, SNAP, Children on TP 32 and Children on TP 56

Bank Account

  • Current bank statements (within last three months), or
  • Statement from bank official.

Debit Account

  • EBT cash accounts via the:
    • Administrative Terminal (AT); or
    • Lone Star Help Desk automated voice response system at
      1-800-777-7328, if the advisor has the cardholder's 19-digit personal
      account number (PAN);
  • UIB debit accounts via:
  • Texas (OAG) child support debit accounts online at www.EPPICard.com;
  • Social Security Direct Express card (RSDI or SSI) debit accounts via:
    • Online at www.USDirectExpress.com;
    • Calling the Direct Express card help desk automated voice response
      system at 1-888-741-1115, if the advisor has the cardholder's 16-digit
      card number; or
    • Receipt (free of charge) from any ATM that displays the MasterCard® logo.

Other Liquid Assets/Personal Property

  • Recent sales slips;
  • Insurance or tax appraisals;
  • Catalogs or newspaper;
  • Statements from:
    • Experts or other collectors,
    • Bank,
    • Brokers, or
    • Local merchants;
  • Retirement benefit letters; and
  • Education plan/account benefits summary letters.

Life Insurance

  • Insurance policy; or
  • Statements from:
    • Insurance company;
    • Insurance agent; or
    • Union, employer, funeral director, organization or agency that provides insurance.

Nonrecurring Lump-sum Payments

  • Statements from the company, agency or organization that provided payment;
  • Checks, award letters or check stubs; and
  • Bank statements/deposit slips.

TANF

Ceremonial Marriage

  • Marriage license or certificate,
  • Church records,
  • Statement from clergy, and
  • Family Bible records.

Common Law Marriage

  • Declaration of Informal Marriage filed with the county clerk; or
  • Sworn statement signed by both spouses.

Related Policy
Questionable Information, C-920
Providing Verification, C-930

 

A—1260 Documentation Requirements

Revision 16-2; Effective April 1, 2016

 

TANF, SNAP, Children on TP 32 and Children on TP 56

Staff must document:

  • that a resource is countable or exempt and explain if questionable;
    Note: For SNAP, this requirement only applies to vehicles, prepaid burial insurance and liquid resources.
  • calculations to show equity value for those resources with allowable deductions;
  • the total value of countable resources;
  • the dates and amounts of any resources received while the EDG is active;
  • the facts surrounding a transfer of resources;
  • how resources were verified and the date of verification;
  • that an indigent alien who is exempt from deeming requirements was
    told that state office must report the alien’s sponsor to the OAG (if
    the alien does not want the report sent, staff must document that the
    alien chose to deem the sponsor's resources). Note: Does not apply to children on TP 32;
  • the type of any retirement account/plan and/or education tuition
    savings plan and the Internal Revenue Code under which the plan was
    established; and
  • the source used to verify the death of an alien's sponsor.

TANF, Children on TP 32 and Children on TP 56

Staff must document a good faith effort to sell and the:

  • reason for exempting the property, and
  • household's efforts to sell it.

TANF

Staff must document:

  • the months of the six-month period in which the earnings of a new
    spouse of a TANF recipient will be excluded as a liquid resource;
  • the amount of the earnings of the new spouse of a TANF recipient that will be excluded as a liquid resource; and
  • the reason for not pursuing a legally entitled resource per policy in A-1211, Requirement to Pursue Resources.

TANF and SNAP

Staff must document the facts surrounding a transfer of resources per policy in A-1212, Transferring Resources.

Related Policy
Documentation, C-940
The Texas Works Documentation Guide