• General resource limitations
• People on CalWORKs or General Assistance
• Sponsored non-citizens
• People who have too many resources

General resource limitations

Households that have too many resources cannot get food stamps. If a household’s resources are below the resource limits, the resource amount does not affect how many food stamps that a household receives. The county will only count the equity value of property, i.e., the fair market value minus any loans owed on the resource. [MPP § 63-501.1; 7 C.F.R. § 273.8(c)(2).] If the household presents evidence that a resource cannot readily be converted into cash, the county has the burden of showing that it can.

Households may have up to $2,000 in non-excluded resources. [MPP § 63-409.12; 7 C.F.R. § 273.8(b).] (This Guide includes a section with a full list of excluded resources.) There are different resource limits for households that include an “elderly” or “disabled” member. Households with someone over age 60 [MPP § 63-102(e)(1)(a)] and those with a disabled member may have up to $3,000 in non-excluded resources. [MPP § 63-409.122; 7 C.F.R. § 273.8(b).] Households with children are not subject to the resource limit, meaning that their resources will not be taken into account for purposes of eligibility.

“Disabled” is defined at MPP § 63-102(e)(1)(B through K), and includes people who receive:

• SSI (Supplemental Security Income).
• SSDI (Social Security Disability Insurance).
• a disability retirement benefit from a governmental agency because of a disability considered permanent under the Social Security Act.
• interim assistance benefits pending receipt of SSI.
• Medi-Cal, state or General Assistance disability or blindness payments based on SSI rules.
• Veteran’s or Railroad Retirement benefits.

The definition also includes certain veterans, their spouses and children. [See 7 C.F.R. § 273.2(j)(4).]

Some people are prohibited from receiving food stamps, but must be included as household members for purposes of food stamp household composition (see the list, below). However, SSI recipients (in California) and ineligible students cannot get food stamps, but do not have their resources count against the food stamps household of which they are a member. They are also excluded from the household for determining household size, eligibility or benefit level. [MPP § 63-409.122.]

In addition, if the following are not included in the food stamp household then their resources do not count against the household:

• roomers.
• boarders.
• foster children.
• others who do not customarily buy and share food together, although physically in the same house.

[MPP § 63-402.21 and .321-.322; 7 C.F.R. § 273.8(i).]

The following groups of people are not allowed to get food stamps, but their resources do count against the food stamp household:

• drug felons, as specified in MPP Section 63-402.229.
• people disqualified from food stamps for an intentional program violation (IPV).
• people found in noncompliance with work requirements.
• serving a sanction while participating as a member of a household disqualified for failure to comply with workfare requirements.
• fleeing felons and/or a probation/parole violators.
• people excluded for a failure to provide a social security number.
• ineligible non-citizens.
• people who fail to meet ABAWD work requirements.

[MPP § 63-402.226; 7 C.F.R. § 273.8(i).]

People on CalWORKs or General Assistance

If everyone in the household is eligible for food stamps and also receives CalWORKs or GA (general assistance or general relief), the household is categorically eligible. [7 U.S.C. § 2014(a); 7 C.F.R. § 273.2(j)(2)(i) and (j)(4); MPP §§ 63-301.7, 63-301.82.] (For related information, see the section abut people on CalWORKs, General Assistance (GA) and Supplemental Security Income (SSI).)

If the household is categorically eligible, it does not matter how many resources it has. [MPP § 63-501; 7 C.F.R. § 273.8(a).]

Sponsored non-citizens

If the household includes a sponsored non-citizen, the value of the sponsor’s resources less $1,500 is deemed towards the household’s resource limit. [MPP § 63-503.493(b)(1); 7 C.F.R. 273.4(c)(2)(iv).] If the sponsor has sponsored other non-citizens, then the deemed resource is prorated, by dividing the fair-market value of the resource by the number of sponsored non-citizens. [MPP §63-503.493(b) and (c); 7 C.F.R. §273.4(c)(3)(v).]

MPP § 63-503.492 and 7 C.F.R. § 273.4(c)(3) list the non-citizens exempt from sponsor deeming. These include:

• immigrants in the sponsor’s food stamp household;
• immigrants sponsored by organizations or groups;
• immigrants not required to have sponsors (e.g., refugees, parolees, asylees and/or a Cuban or Haitian entrants); and
• immigrants who meet the indigency definition (i.e., with income below 130% of poverty).

Deeming continues until the immigrant becomes a citizen or works 40 qualifying quarters. [MPP § 63-503-491; 7 C.F.R. § 273.4(c)(2).]

People who have too many resources

A household cannot get food stamps as long as it has too many resources. As soon as its resources are less than the resource limit, the household should apply for food stamps. The household may not be able to get food stamps if it gave away resources in order to meet the resource limit or if it sold resources for less than they were worth in order to meet the resource limit. [MPP § 63-501.6.] (See the section about selling or giving resources away for more details.)