A-1240, Determining Countable Resources in Special Situations

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 22-3; Effective July 1, 2022

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 child support payments.

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 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, the ongoing portion is counted as income in the month received.

Example: A person 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 person receives their first monthly RSDI payment of $950, which is included in the $4,950 lump-sum payment. 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 EITCs are exempt from resources for a period of 12 months after receipt.
If a person is scheduled to receive retroactive SSI benefits in installment payments of up to three payments, paid every six months:
- the payments count as a resource in the month received if the person is not a current SSI recipient; and
- the payments are excluded if the person 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. Any remaining OTTANF benefits are considered a resource the month after receipt.

A One-Time TANF for Relatives payment is a resource of the TANF-certified child or children and is exempt from resources.

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 19-1; Effective January 1, 2019

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 or Modified Adjusted Gross Income (MAGI) household composition;
are refugees, parolees, asylum grantees, Amerasians, victims of severe trafficking or Cuban or 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
- HHSC determines the battery is substantially related to the need for benefits; and
- 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, 909 W. 45th St., Bldg. 2, Mail Code 2115, Austin , TX 78751.
  - Before sending the memo, explain to the sponsored alien that regulations require the state to report the sponsor to the United States Citizenship and Immigration Services (USCIS) 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:
  - a court or the U.S. Citizenship and Immigration Services recognize the battery;
  - HHSC determines the battery has a substantial connection to the need for benefits; and
  - 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, the community where the abuser lives, or both;
  - 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 22-1; Effective January 1, 2022

TANF, Children on TP 32 and Children on TP 56

The 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.

This policy applies to:

people who continue to receive SSI Medicaid when their SSI financial assistance is denied because of earnings; and
children who receive SSI Medicaid that the person 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 group, disqualified group or Medical Programs household composition, follow policy for cash gifts and contributions.

SNAP

Exempt the resources of TANF and SSI recipients unless the recipient owns them with another member of the same SNAP household and that other member does not receive TANF or SSI.

Note: Consider a household member 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, determine countable resources as follows:

Nonliquid resources — Exempt the TANF or SSI recipient's portion of a nonliquid resource if the recipient jointly owns it with another member of the SNAP household.
Liquid resources — Exempt or count liquid resources according to the following guidelines:
- Commingled resources — Exempt the TANF or SSI recipient's portion of commingled resources for six months from the month the person combined them. After six months, count the total amount of commingled resources as an available resource to the non-TANF or SSI recipient if it remains accessible.
- Jointly owned resources (not commingled) — Exempt these resources if all the contributed money is from a TANF or SSI recipient and the resource is solely for:
  - expenses of the TANF or SSI recipient; or
  - common household expenses.

Related Policy

Cash Gifts and Contributions, A-1326.1

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.