603 Countable and Excluded Resources

ABLE accounts are savings accounts established to provide secure funding for disability- related expense on behalf of designated beneficiaries deemed disabled A member of a household who meets one of the following criteria: 1.Eligible to receive SSI benefits, including presumptive SSI payments, or is eligible as a 1619B under SSI criteria. 2.Is determined disabled by SSA and in receipt of disability payments. 3.Is a recipient of disability related medical assistance under Medicaid (Title XIX of the Social Security Act). Eligibility to receive these benefits must be based on disability or blindness criteria, which is at least as stringent as SSI regulations. 4.Is in receipt of disability retirement benefits from a government agency because of a disability considered permanent under Social Security disability criteria. 5.Is a veteran with a service connected or non-service connected disability. 6.Is a veteran considered by the VA in need of regular aid and attendance or permanently house bound under Title 38 of the United States Code. 7.Is a surviving spouse of a veteran and considered by the VA in need of regular aid and attendance or permanently house bound or a surviving child of a veteran and considered by the VA as permanently incapable of self-support under Title 38 of the United States Code. 8.Is a surviving spouse or surviving child of a veteran and considered by the VA entitled to compensation for a service-connected death or pension benefits for a non-service-connected death under Title 38 of the United States Code and has a disability considered permanent. Entitled refers to a surviving spouse and surviving children who are receiving the compensation or pension benefits stated or have been approved for such payments but are not yet receiving them. 9.Is in receipt of a Railroad Retirement disability annuity and has been determined to qualify for Medicare. 10.Is in receipt of SSI optional or mandatory supplementation. (North Dakota does not have SSI optional or mandatory supplementation. However, someone moving to North Dakota may have received this benefit from another state.) 11. Is in receipt of disability-based State general assistance benefits, provided that the eligibility to receive any of these benefits is based upon disability or blindness criteria established by the state they receive the benefit from, which are at least as stringent as those used under SSI regulations. (North Dakota does not have disability-based State general assistance benefits. However, someone moving to North Dakota may have received this benefit from another state.) before age 26. ABLE accounts are excluded both as income and resources. A transfer of funds into an ABLE account is subject to disqualifying transfer.

Agent Orange Compensation Exclusion Act payments or all payments from the Agency Orange Settlement fund which are distributed by the Aetna Insurance Company are excluded.

Exception:Payments from Veteran’s Administration for service-connected disabilities resulting from exposure to Agent Orange are not excluded.

Resources of the alien's sponsor and sponsor's spouse are deemed available to the sponsored alien A legal alien is a person lawfully residing in the United States of America who is not a citizen. A legal alien may not necessarily have permanent residence status. An illegal alien is a person present in the United States of America in violation of the Immigration and Nationality Act. reduced by $1500.00, until the alien:

1. Has obtained U.S. citizenship through naturalization; or

2. Has worked 40 qualifying quarters; or

3. Sponsor dies.

Exception:  An alien under the age of 18 is not subject to the deeming requirements.

Annuities are contracts or agreements providing for the payment of income at regular intervals and are excluded resources.

If a non-liquid resource is used as collateral for a business loan and cannot be sold because of the security or lien A charge against real or personal property for the satisfaction of a debt. agreement prohibition, the non-liquid resource is excluded. If a liquid resource is used as collateral for a business loan, the equity value is counted as a resource.

If an otherwise accessible resource, either liquid or non-liquid, is used as collateral on a personal loan, the equity value of that resource is counted as a resource.

Household People who buy and prepare food together. Spouses, parents, and children who live together are usually counted as the same household. or personal goods such as furniture, appliances, jewelry, clothing, antiques, collections etc. are excluded.

One bona fide Good Faith; without fraud or deceit; made with earnest intent., funeral agreement A bona fide funeral agreement is a pre-paid written agreement between a household member and the funeral home/director to provide burial services/merchandise. and financial instrument, including interest accrued per household member is excluded. A funeral agreement must be in the form of a written formal contract between a household member and the funeral home/director. Funds designated for burial services/merchandise must be identifiable, accessible to the household and not commingled with other funds.

This provision applies to only formal agreements for funeral and burial expenses such as burial contracts, burial trusts, or other funeral arrangements with licensed funeral directors and does not apply to other resources (e.g., passbook bank accounts, savings, and cash surrender value of life insurance policies).

If an individual dissolves the agreement with the funeral home, the resource becomes a countable resource for SNAP purposes.

The value of one burial space for each filing unit Required household members whose income and resources must be considered in eligibility determination. All members of the filing unit may not be included in the assistance unit and may not receive benefits. member is excluded.

Cash on hand is a countable liquid resource.

Installment contracts for the sale of land or buildings if the contract or agreement is producing income consistent with its fair market value The value established by the current market.. This exclusion also applies to property sold under an installment contract or held as security in exchange for a purchase price consistent with the fair market value of that property.

The value of a contract in which payments are current is equal to the total of all outstanding payments of principal required to be made by the contract, unless evidence is furnished that establishes a lower value.

The value of a contract in which payments are not current is an amount equal to the current fair market value of the property subject to the contract. If the contract is not secured by property, the value of the contract is the total of all outstanding payments of principal and past due interest required to be made by the contract.

In situations where the contractual right to receive money payments is not collectable and is not secured, the debt has no collectable value, and thus no countable resource value. An applicant An individual who submits an application for assistance under the SNAP program. or participant A person who is eligible for benefits under SNAP, even if that person is not currently receiving benefits because the amount is too low, or the person is under a sanction or disqualification. can establish that a note has no collectable value if:

1. The debtor is judgment proof. A debtor is judgment proof when money judgments have been secured, an execution has been served against the debtor which has been returned as wholly unsatisfied, and the debtor’s affidavit and claims for exemptions exempt all of the debtor’s property; or

2. The applicant or participant verifies the debt is uncollectible due to a statute of limitations. A satisfactory verification Third-party information or documentation used to establish the accuracy of statements. includes an attorney’s letter identifying the statute and facts that make a debt uncollectible due to a statute of limitations.

participants should be encouraged not to forgive debts that have been determined to be uncollectible. Such debts could have a future value if the debtor ever accrues resources. At each review Filing a signed Application for Review via paper review form or through the self-service portal of the eligibility system for SNAP eligibility with the human service zone to determine continuing eligibility and establish a new review period. the worker must determine whether the judgments are still on file or whether the debtor has any change Information that is different from what is currently used to determine eligibility and/or benefits. in resources.

Crime Victim Compensation Act payments (P.L. 103-322) are excluded.

GoFundMe, Kickstarter, and Indiegogo and other similar accounts are on-line platforms that allow donors to fund specific campaigns for charity, individuals in need, project, and business ventures. The account holders can access funds in two ways, either at any point throughout the campaign or only after the funding goal is met. The account meets the definition of liquid resource. The actual value of the funds that are accessible by the household are countable as a resource.

Cryptocurrencies such as Bitcoin, Ethereum, Litecoin, and other blockchain-based resources are becoming increasingly prevalent forms of value and currency storage mechanisms. Cryptocurrencies are considered liquid resources for SNAP under 7 CFR 273.8(c)(1).

For the purposes of determining SNAP eligibility, the value of available resources is determined at the time of interview per 7 CFR 273.10(b). The value of digital currencies should be determined at the time the household is interviewed. If the virtual currency is listed on an exchange, the value should be determined by converting the currency into USD in a reasonable and consistent manner. FNS recommends that the State value the currency using the exchange rate listed on the exchange that the currency is stored in. For example, if a Bitcoin is purchased or held on the “Coinbase” exchange, the State agency should use the rate listed on that exchange. If the digital currency is not held on an exchange, the eligibility worker will need to assess the value of the resource and case note how the value was obtained. Additionally, the eligibility worker should document Used as a noun, as in documentary evidence indicates a written record of the circumstances of an event or fact. Used as a verb, indicates the act of entering the case file actual proof or statement of proof that the contents of the record are accurate. the website URL, the exact exchange rate at the time of interview, the amount of digital currency the household owns and a screenshot of the exchange site the participant is using.

Many benefit programs deposit an individual’s monthly benefit onto a debit card. Any balance remaining on these debit cards is considered a liquid resource beginning the month following the month it was deposited on the card and counted as income.

Examples: 

• Unemployment Insurance Benefits (UIB)

• Child Support Voluntary or court ordered payment by an absent parent for the purpose of meeting the needs of his/her child(ren). Benefits

• Workforce Safety and Insurance (WSI)

• Social Security Administration Benefit (SSA)

   

Funds issued because of a Presidential declared disaster (P.L. 100-707) or a result of a major disaster or emergency under the Disaster Relief and Emergency Assistance Amendments of 1988 are excluded.

Exclude governmental disaster payments designated for restoration of a home damaged in a disaster if the household is subject to legal sanction if funds are not used as intended. This includes some, but not all, Federal Emergency Management Agency (FEMA) payments.

Payments under Title I & II of the Domestic Volunteer Services Act of 1973 are excluded resources.

Title I. AmeriCorps (Vista) for those individuals receiving SNAP or TANF at the time they joined

Title II:

Foster Grandparent Program

Retired Senior Volunteer Program (RSVP)

Senior Companion Program

EITC and Child Tax Credit, received as an advance payment or as a refund, are excluded in the month received and the month following receipt. EXCEPTION: Any federal, state, or local EITC and/or Child Tax Credit received by any household member is excluded for 12 months provided the household:

1. Was participating in SNAP at the time of EITC and/or Child Tax Credit receipt; and,

2. articipates continuously during that 12-month period.

   Note: Breaks in participation of one month or less due to administrative reasons are not considered as non-participation in determining the 12-month exclusion.

    

Student financial aid and educational funds commingled with any other funds are excluded for an unlimited period of time.

529 education savings plans, and 530 Coverdell education savings accounts are excluded.

Note: 529 education savings plan through the Bank of North Dakota is called College Save.

Energy assistance payments or allowances made for the purpose of providing energy assistance under any federal law including utility reimbursements made by Department of Housing and Urban Development and the Farmers Home Administration are excluded. Low Income Home Energy Assistance Program (LIHEAP) and tribal LIHEAP payments or allowances are excluded.

Funds held in an escrow account during the household's participation in a Department of Housing and Urban Development (HUD) Family Self- Sufficiency Program (FSS) are excluded.

Federal income tax refunds are excluded as income in the month of receipt and as a resource for a period of 12 months following the month of receipt.

Proceeds from a private insurance company are counted as a resource. If counted as income in the month received, the funds are counted as a resource the month following receipt. See 'Disaster and Emergency Assistance' in this section.

Payments for the children of women Vietnam veterans who suffer from certain birth defects are excluded from income and resources.

Home and surrounding property that is not separated by property owned by others is excluded. Public rights of way, such as roads running through the surrounding property, do not affect the exclusion of the property. An exclusion for a vacated home continues if the household has intent to return, and the home is temporarily unoccupied due to:

1. Employment.

2. Training for future employment.

3. Illness; or,

4. Unlivable conditions caused by casualty or natural disaster.

Households currently not owning a home but own or are purchasing a lot they intend to build or are building a permanent home, receive an exclusion for the value of the lot and the partially completed home.

Property/equipment necessary to produce income is excluded regardless of if it is considered self-employment The act of engaging in a trade or business. A trade or business is generally an activity carried on for a livelihood or in good faith to make a profit. An individual does not have to make a profit to be in a trade or business as long as a profit motive exists or unearned income.

Income producing property Property that is in and of itself, producing income. For example, rental property is considered income-producing./equipment may include:

1. Tools/equipment such as those needed by a carpenter, mechanic, cosmetologist.

2. Stock such as office supplies or raw materials.

3. Property essential for income production.

4. Office equipment such as furniture, typewriters, calculators, etc.

5. Inventory.

6. Machinery, equipment and trailers; and,

7. Other items needed to produce income.

Self-employment Income producing property (e.g., rental properties, vacation homes, land leases, etc.) regardless of if the income is considered self-employment or unearned income is excluded if the property produces income consistent with its fair market value. The exclusion also applies to property used on a seasonal basis. Some things to consider when determining fair market value: the property location and condition of the property.

If the property and equipment is no longer income producing, the property and equipment is countable unless the individual intends to return to self-employment within a reasonable period of tim

Exception: Property and equipment essential to self-employment for a household member engaged in farming is excluded for one year after the date the household member terminates his or her employment from farming.

Funds received through a grant made available under Section 403 of the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA – Public Law 104-193) to enable individuals to acquire a lasting resource after saving for an extended period of time. Currently, this grant is being administered by Community Action Programs. This is an excluded resource.

Life estates are excluded as the home while the individual is living in the property.

If an individual has a remainder interest in a life estate, the individual must contact a local real estate agent/company. The real estate agent/company must establish if the remainder interest can be sold (is there a willing buyer).

If there is no willing buyer, the remainder interest has no cash value For resources: the amount that would be paid if the resource were sold or converted to cash. For income: the amount of the income or the value assigned to the service rendered for in-kind income. and is not counted as a resource. If there is a willing buyer, then the real estate agent/company must establish the fair market value, and the remainder interest is a countable resource. SNAP does not follow TANF or Medicaid policy regarding life estates.

The face and cash value of all whole life insurance policies and term life insurance policies are excluded.

The value of livestock used to produce income necessary for employment or raised for home consumption is excluded. Livestock that are pets are also excluded.

Loans, including self-employment business loans and home equity loans, are counted as a resource in the month received, even if the household anticipates spending some or all of it in the same month. Any amount remaining after the month of receipt is counted as a resource until the money is spent.

Exception: Student financial aid and educational funds are excluded for an unlimited amount of time.

Lump Sum payments are countable liquid resources in the month in which they are received unless excluded by Federal law.

The money is counted as a resource in the month it is received.

The mineral rights are excluded as a resource if they are producing income consistent with the fair market value. The fair market value is determined by what similar mineral rights in the area are earning. If mineral rights are producing income under a lease agreement, the owner may be constrained from selling or otherwise disposing of the rights. Some acceptable forms of verification of mineral rights are deeds, lease agreements, titles, and homestead documents. If surface rights of the same property are excluded (e.g., homestead) so are the mineral rights excluded.

Native American Income which is excluded for SNAP purposes by express provision of Federal statute is also an excluded resource beginning in month following receipt.

NOTE: Excluded funds commingled with non-excluded funds retain their exemption for six months from the date they are commingled (deposited). After six months from the date of commingling, all funds in the account are counted as a resource.

Indian (Native American) land held jointly with the Tribe or land that can only be sold with the approval of the Bureau of Indian Affairs is excluded.

The first $2,000 received from Individual Interests in Indian Trust A property interest held by one person for the benefit of another. or Restricted Lands per calendar year is excluded.

IIM Accounts are countable unless otherwise excluded in the sections noted above.

Funds received by individuals aged 55 and over under the Senior Community Services Employment Program payments P.L. 100-175, Section 166, Title V of Older Americans Act are excluded resources. Programs funded under this Act include:

1. Experience Works (Green Thumb)

2. National Council on Aging

3. National Council of Senior Citizens

4. American Association of Retired Persons

5. US Forest Service

6. National Association for Spanish Speaking Elderly

7. National Urban League

8. National Council on Black Aging

Personal checking accounts are a countable liquid resource.

Money in a checking or savings account must not be counted as income and as a resource in the same month. Workers must exclude any current month's income deposited in a checking account.

If a check has been written and sent to the payee, even if it has not yet been cashed, the money is not available for other purposes and is deducted from the account balance. The check register is used as verification of outstanding checks.

Exception: Excluded monies commingled with any other funds remain exempt for six months from the date they are commingled. After six months from the date of commingling, all funds in the account are counted as a resource.

Any income an SSI recipient places in an approved PASS account as well as the PASS account is an excluded resource.

Property in probate is inaccessible and is excluded.

Radiation Exposure Compensation Act payments (P.L. 101-426) are excluded.

Non-home real property when a good faith effort to sell the property is being made or there is a current contract for deed is excluded. A good faith effort to sell could be:

1. Offering the property for sale through a general circulation newspaper or a real estate broker; and,

2. Advertised at a reasonable price.

Recreational properties such as boats, campers, pick up toppers or lake cabins are countable resources. Exception: A camper used as a primary residence is excluded.

If a resource is sold and payment is received in a lump sum, it remains a resource. If installment payments are made, the payments are income in the month received and are not counted as a resource until the month following receipt.

Savings accounts are a countable liquid resource.

Money in a savings account must not be counted as income and as a resource in the same month. Workers must exclude any current month's income deposited in a savings account.

If the current month's income is deposited into the account, the income is excluded as a resource the month received when determining the current value of the savings account.

Exception: Excluded monies commingled with any other funds remain exempt for six months from the date they are commingled. After six months from the date of commingling, all funds in the account are counted as a resource.

Security deposits on rental property or utilities are excluded. The exclusion applies to both landlords and tenants.

Payments to children of Vietnam veterans for disabilities resulting from spina bifida (P.L. 104-204) are excluded.

Stocks and bonds are countable liquid resources.

To arrive at the countable cash value for any account or plan that applies penalties for early withdrawals, subtract the amount of the penalty (if any) from the value of the account or plan.

If the account or plan has been used as collateral or if a lien has been placed on the account or plan, only the equity value available is counted.

Any funds in a trust or transferred to a trust, and the income produced by that trust if it is not available to the household and if all four items listed below are met:

1. The trust arrangement is not likely to cease during the review period The period of time a household is approved to participate in SNAP. and no household member has the power to revoke the trust arrangement or change the name of the beneficiary during the review period, and

2. The trustee The person(s) given authority, by a written contract, to manage money set up in a trust. administering the funds is either

   1. A court, or an institution A facility which provides an individual with the majority of their meals (over 50% of three meals daily) as part of the facility’s normal services., corporation, or organization which is not under the direction or ownership of any household member.

   2. An individual appointed by the court who has court-imposed limitations placed on their use of the funds which meet the requirements of this subsection, and

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:

   1. 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 any person named by the household creating the trust, or

   2. Established from non-household funds by a non-household member An individual residing with a SNAP household who is not included in determining the household size..

Complete copies of all trust agreements must be submitted to the Legal Advisory Unit of the Department of Human Services for review along with the following information:

1. Who is applying for benefits and what benefits they are applying for.

2. Verification of all asset(s) owned by the trust including the value of each asset, when the asset was transferred to the trust, and who transferred the asset to the trust.

3. Any other documents or information that you think may be relevant.

    

If a household has an asset that they are unaware of, the asset is not considered available until it becomes known to the household.