DPSS ePolicy

Revision of existing policy and/or form(s)

What changed?

Effective January 1, 2026, the maximum resource limit will increase by 3.42 percent, based on the California Necessities Index (CNI) for the most recent fiscal year.

 Note: Changes are shown highlighted in grey throughout the document.

Under CalWORKs, applicants/participants may retain countable property within the following limits to be eligible for aid:

• $18,829 if at least one Assistance Unit (AU) member is age 60 or older or disabled; and
• $12,552 for all other families.

This limit is separate and apart from the amount in a restricted bank account or a California Achieving a Better Life Experience (CalABLE) account. 

All property must be reported by the applicant/participant to the County at the time of:

• Intake;
• Renewal (RE); and
• Semi-Annual Reporting (SAR) (SAR 7, Eligibility Status Report).

Staff are to submit a property inquiry to the Property Services Unit (PSU) via email when the assessed value of real property is not known or when the real or the personal property is over the limit and the ownership of the property is questionable.

Note: All staff must ensure the PSU’s contact information is not shared with the public.

Assembly Bill (AB) 1542 established the State’s Welfare Reform Program, CalWORKs. Limits on property holdings have been set high enough that a person does not need to be completely destitute to qualify for aid. These property limits ensure that persons who own sufficient property to provide the necessities of life for themselves do not receive aid intended for those in greater need. The property limits that applicants/participants can retain and remain eligible for aid are described in this release.

Effective January 1, 2016, applicants/participants can open a CalABLE account as a result of the federal ABLE Act of 2014, California Senate Bill (SB) 324, and AB 449 signed October 11, 2015. CalABLE accounts allow qualified individuals who became disabled prior to the age of 26 to open tax-advantaged savings accounts in California or in any state offering a national plan. The CalABLE Act Board has been established to create and administer an online portal where CalABLE accounts can be opened.

The following chart exhibits resource limits CalWORKs applicants/participants may retain as countable property to be eligible for aid:

Background information on vehicle equity values and allowable vehicle limits may be found within Administrative Release (AR) 42-215 Determining Value of Property – Vehicles.

California Kids Investment and Development Savings (CalKIDS)

CalKIDS is a college savings program for California children born on or after July 1, 2022, and low-income eligible students identified by the Local Control Funding Formula (LCFF) who are enrolled in grades 1 through 12. This program is subject to availability of funding. Additional details about this program are outlined within the CalKIDS Section below.

Property can be categorized as one or more of the following: 

• Real property; 
• Personal property; 
• Excluded property; 
• Jointly owned property; and
• Lump-sum income. 

Real Property: 

Real property is defined as land and improvements including immovable property attached to land, such as trees, fences, buildings, and/or property held for profit etc.

Real property is not cash, bonds, or similar assets.

Personal Property: 

Personal property consists of all property excluding real property.

Cash assets which are a form of personal property consist of cash on hand and cash equivalent items, such as money in checking or savings accounts, savings certificates, trust deeds, notes receivable, stock or bonds, non-recurring lump-sum payments, funds held in Individual Retirement Accounts (IRA), and funds held in Keogh Plans.

Other personal property includes personal effects, household equipment and furnishings, tools, and equipment.

Excluded Property: 

The following are excluded from determination of the AU’s property/resource:

• Real property held in a trust if the child or parent does not have control of the trust of which they are the beneficiary.
• Separate and community share of real property:
  • Of a parent who has surrendered full custody of a child due to a court order;
  • Of a parent who has relinquished their child for adoption;
  • Of a father of a child who is not married to the mother and the parents are not maintaining a home together; 
  • Of a stepfather; or
  • Of an absent parent which are unavailable to the CalWORKs family or child. 
• Native American Indians interest in land held in a trust by the United States (U.S.) government.
• Vehicle (mobile home, camper, car, etc.) - May be excluded, even during periods of temporary absence, if it is determined that the AU is occupying these as a residence.
• Survivors of Domestic Abuse - The personal property (e.g., vehicle, etc.) of an applicant with children who is temporarily residing in a Domestic Violence shelter is considered inaccessible if at the time of application, the personal property:
  • Is jointly owned by the applicant and a member of the former household from which the applicant/participant fled; and
  • The access to the resource/property requires the consent of both the applicant and the member of the former household.
• Household items - The following household items may be excluded:
  • Household goods (such as furniture); and
  • Personal effects (such as clothing).
• One burial plot per AU member;
• The cash value of:
  • Life insurance policies; and
  • Pension plans/funds.
• Home – The home that the AU resides in is excluded.
  
  Note: Only one home may be excluded from real property consideration, and if the property is not being used as the primary residence, the value must be included in the property limit.
  
  
• Home – The applicant/participant leaves the home due to marital separation.
  
  The home is excluded from the evaluation as real property as follows:
  
  
  • The usual home of an applicant is exempt when determining eligibility for three months following the end of the month in which aid begins;
  • The usual home of a participant is exempt during the month of separation and for three months following the month in which the separation occurs;
  • At the end of the three months, a determination as to the home’s availability to meet current needs must be made; and
  • At the time the exemption is given, the applicant/participant is informed verbally and in writing that the:
    • Home was not considered in determining eligibility;
    • Home will be evaluated in three months; and
    • Cash grant may be terminated if the home is treated as real property and the combined property exceeds the property limit.
• Home – During periods of temporary absence.

The home is excluded from the property evaluation even during periods of temporary absence for reasons such as illness, seasonal employment, visits, extreme climatic conditions, etc. For additional information regarding temporary absence rules, refer to AR 82-812 Temporary Absence.

Therefore, the home that the applicant/participant is not living in can be excluded from property evaluation as long as the applicant/participant plans to return to the home when such circumstances no longer exist.

Note: Only one home may be excluded from consideration as real property.

When the home is not occupied by the AU for reasons other than marital separation or temporary absence and is not used as the primary residence, the property cannot be excluded, and the home must be included in the property limit evaluation. 

Jointly Owned Property: 

Jointly owned property is property acquired by the husband or wife during marriage. It includes property purchased with community funds, which include earnings of the spouses while married and living together, income derived from community property, and funds received from the sale of community property.

• Each spouse is presumed to own one-half interest in community property.
• All property held in the name of the spouse of a married person is presumed community property unless established otherwise.
• When a child lives with their mother and stepparent, each spouse is recognized as owning one-half interest in the property held by either spouse.
  
  Note: Exceptions to community property are burial trusts and burial plots which are considered the separate property of a spouse or beneficiary. 

Lump-Sum Income: 

Lump-sum income (non-recurring) is treated as a resource in the month received. The SAWS 2 PLUS, Application for CalFresh, Cash Aid, and/or Medi-Cal Health Care Programs, RE, or SAR 7 are used to determine continuing resource eligibility for the family for the entire upcoming SAR or Annual Reporting/Child Only (AR/CO) Payment Period.

If the participant reports lump-sum income mid-period, the County cannot take any action to discontinue the case for exceeding the resource limit. Under SAR and AR/CO rules, resource eligibility is determined only once per Payment Period, based on the information reported on the application, SAR 7, or RE.

Some examples include:

• Income tax refunds;
  
  Note: Effective January 1, 2013, both State and federal Earned Income Tax Credit (EITC) payments and refund payments are exempt from resource consideration for CalWORKs applicants/participants for 12 months, starting with the month of receipt of the payment.
  
  
• Rebates or credits;
• Retroactive lump-sum social security;
• Railroad retirement benefits;
• Retroactive payments from the approval of any assistance program, even if it was due to a court order;
• Supplemental or corrective payments received for a previous month assistance program;
• Lump-sum insurance settlements;
• Refunds of security deposits, rental properties, or utilities;
• Lottery winnings received in single payments; and
• Disaster relief payments.

Disability: 

Adults

Adults are considered disabled if the disability significantly impairs their ability to be employed on a regular basis or to participate in Welfare-to-Work (WtW) activities and receive:

• State Disability Insurance;
• Workers’ Compensation Temporary Disability Insurance;
• In-Home Supportive Services; or
• Supplemental Security Income (SSI)/State Supplementary Payment (SSP).

Refer to AR 41-400 Deprivation for policy and procedures on determining the Deprivation due to Incapacity.

Children

Children are considered disabled if they meet any of the following:

• Receive or have received SSI/SSP in the past;
• Receive or have received services in the past through a Regional Center Program pursuant to the Lanterman Act;
• Receive or have received services in the past at school in accordance with their Individual Education Plan (IEP) or Section 504 Accommodation Plan; or
• Provide verification of a current or past disability by a health care provider or a trained, qualified learning disabilities evaluation professional, or authorize the County to obtain information to verify the child’s disability.

Refer to AR 40-105.5 School Attendance Requirement for policy and procedures on how to identify disabled students.

CalABLE Account

CalABLE accounts are federally known as ABLE accounts. A CalABLE account is a tax-advantaged savings account that allows individuals with disabilities to save and invest money for disability-related expenses called Qualified Disability Expenses (QDEs) without losing eligibility for benefits to public programs, such as CalWORKs, CalFresh, and SSI.

Individuals can open a CalABLE account through the CalABLE online portal.

Eligibility

CalABLE accounts are not considered resources, and any interest earnings from fund performance are not subject to federal income tax when used as a QDE.

Eligibility to open a CalABLE account is determined by the financial institution at the time the applicant applies for an account. An account can be opened if an individual is:

• Eligible for, or currently receiving, SSI or Social Security Disability Insurance (SSDI) benefits as a result of their disability and the disability occurred before age 26;
• Able to verify that they have been living with their disability for at least one year or they must expect their disability to last for at least one year;
• Able to verify that their condition is listed on the Social Security Administration’s (SSA) List of Compassionate Allowances Conditions; or
• Able to provide “self-certification” of their disability and diagnosis when opening the account. Self-certification means that the individual has a written, signed diagnosis from a licensed physician, and one of the following conditions was met:
  • The individual is either blind, within the meaning of Section 1614(a)(2) of the Social Security Act; or
  • The individual has a medically determinable physical or mental impairment that results in “marked and severe functional limitations which can be expected to result in death or has lasted or expected to last for a continuous period of not less than 12 months.”

Limits

For CalWORKs purposes, the designated beneficiary of a CalABLE account is able to save up to $100,000 and a maximum yearly contribution of $15,000. Contributions can be made by the account owner, beneficiary, family member, or friends. The account owner/beneficiary can contribute more than $15,000 when the owner/beneficiary does not participate in an employer-sponsored retirement plan. The additional contribution must be whichever is lower between the following:

• An amount equal to the annual gross salary; or
• Federal Poverty Level of $15,650 in 2025.

Note: Each state determines the maximum contribution limits as well as the maximum annual contributions.

Reduction of Unearned Income

Participants can reduce their unearned income by making or increasing their contributions to a CalABLE account.

This decrease also applies to participants receiving SSDI and other disability benefits.

Examples of those disability benefits include:

• State Disability Insurance benefits;
• Private Disability Insurance benefits;
• Workers’ Compensation Temporary benefits;
• Social Security Disability benefits; and
• Veteran’s Disability Compensation benefits.

Withdrawals

Each time a QDE withdrawal is made, the applicant/participant must inform Eligibility staff of the intended usage of the withdrawal and provide verification of how the disbursements were used. Any withdrawals used toward QDEs are not counted as income.

The Internal Revenue Service receives monthly disbursement records to use for audit purposes and the SSA receives monthly account balances of beneficiaries receiving SSA benefits, including SSI.

Note:

• In California, the CalABLE online portal www.CalABLE.ca.gov was officially launched December 18, 2018, which allows individuals to open a CalABLE account.
• California residents can open CalABLE equivalent accounts in any state offering a national plan. CalABLE equivalent accounts opened in other states must abide by ABLE requirements set in that state.
• Staff can review the ABLE National Resource Center website to identify states where disabled individuals can open a CalABLE account or its state equivalent. Staff can also visit the California State Treasurer CalABLE website: www.treasurer.ca.gov/able/ for more information on the CalABLE Program.

Participant Outreach 

The purpose of a CalABLE account is to help individuals with disabilities maintain or improve their health, independence, and quality of life.  As such, staff must inform disabled participants that they can open a CalABLE account and save up to $100,000.  Staff should refer disabled participants to the California State Treasurer CalABLE website: www.treasurer.ca.gov/able/ or the ABLE National Resource Center website: http://www.ablenrc.org/.

CalKIDS Account

It is a college savings program for California children born on or after July 1, 2022, and low-income eligible students identified by LCFF who are enrolled in grades 1 through 12 as of July 1, 2022; this program is subject to availability of funding.

Households do not have direct access to the funds in the account. Instead, the funds are distributed directly to the higher education institutions on behalf of the participants to pay for qualifying higher education expenses.

The following two populations will benefit from CalKIDS:

• Newborns
  
  SB 77 (2019): CalKIDS was created in 2019 which opens a college savings account for every newborn child in California as of July 1, 2022, regardless of income and provides an initial seed deposit of at least $25 in each account.  Additional financial incentives are provided as follows:
  
  
  • $25 for registering on the CalKIDS Parent Portal; and
  • $50 when linking an existing or new ScholarShare 529 college savings account to a CalKIDS account.
• Low Income Public School "or" State Special School Students:
  
  AB 132 and the passage of the American Rescue Plan Act (2021): Established CalKIDS as an ongoing program to include low-income public school students in grades 1 through 12 who qualify for free or reduced lunch, are homeless, or are in foster care who will receive an initial seed deposit of $500 as long as they are identified by LCFF.
  
  
  • If the child is identified as foster youth and/or homeless, an additional $500 for each circumstance is deposited in their account for a maximum deposit amount of $1,500 ($500 initial seed deposit, $500 if foster youth, and $500 if homeless).

SB 169 (2021): Expanded eligibility for CalKIDS to include students attending State special schools.

Additional information on the program can be found on the CalKIDS Website.

Treatment of Income

Since the assets and money in these accounts are owned by the State, the funds are not counted as income or resources as the income is not available to the AU. Funds deposited and investment returns originating from a CalKIDS account are also not considered in the eligibility determination or grant calculation for CalWORKs applicants and participants.

Note: The same rules apply to all CalWORKs State and County Homeless Assistance Programs, and the CalWORKs Housing Support Program.

Owner of Real Property

The person(s) who has the right to possess, use, control, and dispose of the real property is considered the owner. The ownership of the property may be one individual or shared with others.

Fair Market Value (FMV)

The amount for which property (real or personal) would sell on the open market if put up for sale.

For purposes of real property addressed in this release, FMV is the applicant’s/participant’s choice of:

• The assessed value; or
• A valuation of the market value obtained by the applicant/participant from a licensed real estate broker.

Net Market Value – For Real Property Only

The net market value is the highest price that real property, less encumbrances, will bring in a sale by a willing seller to a willing buyer in the ordinary course of business.

Liquidated Sum

The amount of money that can be gained from the sale or disposition of real property.

Transfer of Property

A transfer of property is a change of ownership whereby an applicant/participant through such transfer has rid themselves in whole or part of a resource actually available to them.

Period of Ineligibility (POI)

A POI is applied when:

• The participant/AU gives away or transfers, for less than the FMV, non-excluded property (including cash) to become eligible to receive cash aid.  The POI is computed based on the amount that is added to other countable property and exceeds the property limit if the property was transferred at FMV.
• There is an unallowable restricted account withdrawal.

See the Procedures Section for detailed information on how to compute a POI.

Minimum Basic Standard of Adequate Care (MBSAC)

The POI can be shortened when there has been an increase in the MBSAC (cost-of-living increase) or the participant/AU is eligible for a special need. 

Conversion of Property

When an applicant/participant changes an existing resource from one form to another.

Separate Property – General

Separate property includes:

• Property acquired by the husband or wife prior to marriage.
• If either spouse acquires property by gift or inheritance, after marriage, the property is the separate property of that spouse.
• Property acquired during marriage remains separate property if purchased with funds which are the separate property of the owner, such as funds received from the sale of separate property or property received by gift or inheritance.

Separate Property – Derived from Income

If the spouses are living apart from each other, the income of each spouse is the separate income of that spouse in the month of receipt and separate property if retained past the month of receipt.

Marital Separation

Spouses are considered separated if they:

• Have obtained a temporary court order;
• Have a final judgment of marriage dissolution;
• Are legally separated; or
• Are living separate and apart from each other, and they consider their marital relationship to have ended.

Restoration (Reapplication) of Aid

A restoration (reapplication) of aid is when a former participant who was a participant of the same category of aid in the same county reapplies for aid. This is also referred to as a “reapplication” of aid.

Aid is considered restored only if CalWORKs has been discontinued for 12 months or less at the time of the current application.

The reapplication is still considered a new application as long as there has been a valid break-in-aid of at least one day and is subject to the Applicant Test.

The applicant should not be required to furnish any documentation previously provided to the County except under the following conditions:

• The documentation is missing from the case record; and
• The documentation affects eligibility or amount of aid for the month of restoration.

Note: For purposes of this AR the term “restoration” is different than the restoration of aid following discontinuance due to non-receipt or incomplete SAR 7.

Property that is Actually Available

Non-exempt real property must be considered available unless the applicant/participant can obtain and provide verification that their property is currently unavailable.

The applicant/participant must be given a reasonable period to obtain such verification.

• The property is excluded from consideration during this period. The exclusion period must be determined on a case-by-case basis.

The extent to which an applicant/participant must obtain such verification should be a determining factor in establishing the exclusion period.

Whose Resources to Count

The resources of the following family members are included when determining resource eligibility:

• AU Members
  • All AU members including those who are penalized due to:
    • Immunizations; or
    • Intentional Program Violation (IPV) after 1/1/98.
• Non-AU Members
  • Ineligible noncitizen parents;
  • Ineligible noncitizen siblings; and
  • Excluded father in a Pregnant Person Only case.
• Excluded People
  • Failure to:
    • Assign child support rights; or
    • Verify citizen/and noncitizen status.
  • WtW sanctioned;
  • Social Security Number disqualified;
  • Time expired parent(s);
  • Fleeing felons;
  • Probation and parole violators; and
  • IPV prior to 1/1/98.

Whose Resources to Exclude

The resources of the following family members are excluded when determining resource eligibility:

• AU Members
  •  Adults or children temporarily residing in a shelter for battered persons.
• Non-AU Members
  • Unaided stepparent and stepsiblings;
  • Unaided senior parent(s) and their other children; and
  • Unaided halfsiblings excluded for no deprivation.
• Excluded People
  • SSI/SSP and Cash Assistance Program for Immigrants participants;
  • Children receiving Foster Care, Approved Relative Caregiver, Kin-GAP, Emergency Caregiver, or AB 110 payments;
  • Non-needy caretaker relative and their spouse;
  • Spouse of a needy caretaker relative;
  • Siblings ineligible due to age; and
  • Unaided, unmarried parent of a child in common for whom there is no deprivation.

Real Property Exceeds the Resource Limit

When the real property (other than a home) exceeds the resource limit, the AU must make a “good faith” effort to sell the real property, not otherwise excluded, even if the property is producing income.  

The property may be exempt from consideration in the resource limit for no more than nine consecutive months.

Note:  If within nine consecutive months, the applicant/participant decides not to sell the property, the property is counted toward the resource limit.

Before aid is approved/authorized, the applicant/participant must complete/sign (in duplicate), the following:

• CW 81, Lien Agreement – The agreement grants a lien against the property which is payable to the County when the property is sold.
• CW 82, Agreement to Sell Property – The applicant/participant agrees to immediately make a “good faith” effort to sell the property.

In order to make a “good faith” effort to sell property, the applicant/participant, at minimum, must:

• List the property for sale with a licensed real estate broker and be willing to negotiate the terms of the sale with potential buyers;
• Make an effort to sell property, which must include all of the following:
  • Advertise once a week, in at least one newspaper, that the property is for sale;
  • Place a “for sale” sign that is visible from the street; and
  • Be willing to negotiate the price/terms of the sale with potential buyers.

Immediate Need (IN)

An applicant with excess real property, who is otherwise eligible for IN, may be issued IN payment as long as they sign the CW 81 or CW 82.

Retirement and Education Accounts

Retirement and education accounts are exempt from consideration in the property/resource.  

The following accounts are exempt when evaluating property for both CalWORKs applicants and participants:

• 401(k);
• 403(b);
• 457; and
• CalKIDS.

The following accounts are exempt when evaluating property for CalWORKs participants only:

• 529, College Savings Plan;
• IRA; and
• Educational savings accounts. 
  
  Exception: CalKIDS is exempt for both applicants and participants.
  

Transfer of Property

The receipt of aid does not limit or restrict the right of applicants/participants to give, receive, sell, exchange, or change the form of property. 

While transfer of property rules do not apply to applicant families, a POI is applied when a participant in the AU gives away or transfers, for less than the FMV, non-excluded property, including cash. 

See the Procedures Section for detailed information on how to determine a POI.

Restricted Accounts

In addition to the $12,552 ($18,829 if an individual is 60 years of age or older or disabled) property limit, a participant can maintain funds in a restricted account. There is not a limit to the amount of funds held in a restricted account. The account can be held at any financial institution, such as a bank, credit union, savings, and loan, etc.

The money in a restricted account is exempt provided the following requirements are met:

• The money saved in a restricted account can only be spent for one or more of the following allowable purposes:
  • Purchase of a home;
  • Education or training;
  • Startup of a new business; or
  • Homeless prevention.
• Before an account can be designated as “restricted,” the parent/caretaker relative must sign an agreement which sets forth the requirements, restrictions, and penalties:
  • A CW 86 LA Agreement – Restricted Account, must be completed and signed which outlines the requirements, restrictions, and penalties;
• Verification of the account must be provided within 30 calendar days from the date the CW 86 LA was signed and dated, which must include:
  • Name of persons on the account;
  • Institution;
  • Account number;
  • Balance and activity; and
  • Specific purpose (purchase of a home, education or training, startup of a new business, or homeless prevention).
• The applicant/participant must establish and maintain a separate account from the restricted account.

Interest Exemption

Interest earned on a restricted account is exempt as income. The interest must be deposited to the restricted account by the financial institution.

• Direct Deposit:  Interest that is not directly deposited into the account is a non-qualifying withdrawal.
• Erroneous Receipt:  When the interest is not deposited directly into the account due to a financial institution error, known as erroneous receipt, the AU is allowed 30 calendar days from the date of receipt to deposit the interest into the restricted account.

Restricted/CalABLE Account Withdrawals

• Qualifying Withdrawal: 
   
  The AU is allowed 30 calendar days from the date of withdrawal to spend funds and provide verification for one of the allowable purposes. Verification such as a receipt, cancelled check, or signed statement from the provider who provided goods and services, must reflect the withdrawal date and amount.
  .
  
• Non-Qualifying Withdrawal:
   
  The County determines that a non-qualifying withdrawal has occurred when it is found that:
  
  
  • Non-cooperation exists;
  • Non-allowable purpose exists; or
  • There is a receipt of interest income that is not deposited directly into the restricted account.

Note:  Before starting a restricted account, the participant should have cash and other resources to pay for unexpected expenses. The money cannot be used to pay for emergencies, not even when the emergency is due to a death or life-threatening situation. 

• Good Cause:
   
  The County will determine that “Good Cause” exists for exceeding the 30 calendar-day time limit to provide verification when:
  
  
  • Circumstances beyond the AU’s control exist; or
  • The AU complies before the effective date of the Notice of Action (NOA).
     
• POI:
  
  When the County determines that a non-qualifying withdrawal exists, the County must:
  
  
  • Calculate the POI to determine how many months the participant is ineligible to receive CalWORKs benefits; and
  • Apply the POI – The POI begins on the first day of the month of the next SAR or AR/CO Payment Period following the reported non-qualifying withdrawal on the SAR 7 or SAWS 2 PLUS and will continue for the determined number of months.

Termination of a Restricted Account

A restricted account is terminated when:

• CalWORKs is terminated;
• The restricted account is closed;
• The participant does not provide timely verification/proof of the account information; and/or
• State or federal law changes the conditions or no longer permits these restricted accounts.

CalABLE QDE Withdrawal

A QDE can be used for a medical expense as well as for basic living costs, such as:

• Education;
• Housing;
• Transportation;
• Employment training and support;
• Assistive technology and personal support services;
• Health;
• Financial management and administrative services;
• Legal services; and
• Funeral and burial expense, and other expenses.

Note:  In California, the CalABLE online portal was officially launched on December 18, 2018.

Vehicles

See AR 42-215 Determining Value of Property - Vehicles  

Sponsored Noncitizens

Sponsored Noncitizens: 

The property of the noncitizen’s sponsor and those of the sponsor’s spouse who lives with the sponsor are treated as the sponsored noncitizens resources.

Multiple Sponsored Noncitizens: 

When there are multiple sponsored noncitizens, the deemed resources from the sponsor must be divided by the total number of sponsored noncitizens receiving CalWORKs, including the number of sponsored noncitizens in the applicant’s AU.

Trust Funds

Resources which have a cash value that are not accessible to the AU may include irrevocable trust funds.  

Any funds in a trust and income produced by the trust are considered inaccessible to the AU if all of the following are met:

• The trustee administering the funds is a court, institution, corporation, or organization which is not under the direction/ownership of an AU member or an individual appointed by the court who has imposed limitations;
• The funds held in an irrevocable trust are:
  • Established from the AU’s own funds (funds must be used to make investments on behalf of the trust or pay educational/medical expenses) of any AU member named by the AU who created the trust; or
  • Established from a non-AU member funds by a non-AU member regardless of how funds will be used.
• The trust investments do not involve/assist any business/corporation under the control/direction/influence of an AU member;
• The trust arrangement will not end during the RE period; and
• An AU member does not have the power to revoke the trust arrangements/change the name of the beneficiary during the RE period.

PSU

Real Property: 

Eligibility staff can initiate a referral to the PSU via email when the assessed value of real property is not known, or when the property is over the limit and the ownership of the property is questionable. This includes situations in which records are complex or unclear.

For additional information regarding the PSU referral process and support services provided by the PSU, refer to the Office Operations: DPSS Property Services Unit.

Real property can include a home or land, and can also include property that is:

• Outside of the U.S.;
• In another state when the assessment rate is unknown;
• Located in military occupied areas; or
• Jointly owned by parents who are separate.

Personal Property

A referral to the PSU should be initiated when the ownership of personal property is questionable. Personal property can include vehicles, bank accounts, or stock. 

The PSU can verify ownership; however, the PSU is not able to verify account balances or confirm motor vehicle value.

As a result, the PSU should only be contacted for personal property when:

Ownership of the property is questionable and 

• The value of the property is over the limit or
• The value is not known but is believed to be over the property limit (once ownership is confirmed by the PSU, acceptable verification to verify the value would be requested from the applicant/participant).

For additional information regarding the PSU referral process and support services provided by the PSU, refer to the Office Operations: DPSS Property Services Unit.  

Property Verification

Examples of property and resource verification include, but are not limited to the following:

• Vehicle registration;
• Proof of loans or debts/liens on property;
• Statement of joint ownership;
• Mortgage bill(s);
• Property deed;
• Bank statements, bank deposits, bank withdrawals;
• Life insurance policy, stocks, bonds, IRAs;
• Most recent retirement account statement(s);
• Sponsor statement form;
• Settlements, such as lawsuits and insurance claims;
• Burial plots/crypts; and
• Affidavits.

Affidavit 

When no verification exists or cannot be obtained, a sworn statement shall be considered adequate, except for verification of citizenship or alienage status and/or medical verification of pregnancy. 

Although the SAWS 2 PLUS and SAR 7 reports do not normally suffice as an affidavit, if those documents indicate that verification does not exist or cannot be obtained but does not impact eligibility (for example, a declaration of no property or property within the resource limit), Eligibility staff must consider these signed forms as a complete affidavit.

Good Faith

“Good faith” effort is defined as when the applicant/participant has attempted to comply within the limits of their resources. 

The applicant/participant must be notified in writing of the requirement that they must make a “good faith” effort to obtain the necessary verifications and that the County may assist the applicant/participant if they so choose. 

The CW 2200 Request for Verification, informs applicants/participants of their responsibilities, requirements, and rights regarding verifying their eligibility for benefits.

If the applicant/participant asks for help getting proof and an authorization to release is needed, there are different release of information forms required for different types of information, including, but not limited to the ABCDM 228 Applicant’s Authorization for Release of Information, the CW 60 Release of Information – Financial Institution, and the CW 61 Authorization to Release Medical Information. 

A current ABCDM 228, Applicant’s Authorization for Release of Information, must be on file to submit an inquiry to the PSU. 

See Examples Section for additional information. 

Reapplication/Restoration 

When a participant reapplies for aid within one year from the effective date of discontinuance, and the required verification is either not easily accessible, has a cost, or may delay the processing of the application. Eligibility staff must review the prior case record to determine if the required verifications in the possession of the County. If the required verification is in the case file, Eligibility staff may not require the participant to resubmit. Applicants must be informed of these provisions in writing at the time of the application.

Restricted Account Withdrawal

Withdrawals must be spent within 30 calendar days from the date of the withdrawal. If the amount withdrawn is less than the expense, the participant must redeposit the money to the restricted account within 30 calendar days of withdrawal.

Within 30 calendar days of spending the withdrawn funds, the participant must provide:

• The account balance before the withdrawal;
• The date and amount of the withdrawal; and
• The receipt (check or provider’s signed statement) verifying the amount withdrawn and the type of goods provided.

If the participant does not spend the withdrawn money for the appropriate purpose within the 30 calendar-day period, or provide verification of the expenditure, the withdrawal is NOT allowed unless “Good Cause” exists. See the Good Cause Section for further information.

Examples of Proof

QDEs

Examples of acceptable documents.

Verification of Disability

Adults

The following types of verifications can be received:

• An award letter or pay stubs that the participant receives Old Age Survivors and Disability Insurance, SSI/SSP, Workers’ Compensation, or State Disability Income benefits based on the parent’s disability (physical/mental) or blindness; or

• CW 61, Medical Report or other written statement from a physician, licensed/certified psychologist, or an authorized member of their staff with access to the patient’s medical records.

Children

The following types of verification can be received:

• An SSI/SSP award letter;
• A statement from the Regional Center;
• An approved copy of the child’s IEP or Section 504 Plan; or
• An independent verification of a current or past disability by a health care provider or a trained, qualified learning disabilities evaluation professional.