7 CFR § 273.8(e)(1)-(19)


ABLE Accounts - 7 CFR § 273.8(e)(11) - Achieving a Better Life Experience savings accounts that provide secure funding for disability-related expenses on behalf of designated beneficiaries deemed disabled before age 26. Section 529A of the Internal Revenue Code of 1986.


Assets Under a Lien - 7 CFR § 273.8(e)(15) - The value of assets under a lien or security agreement placed as a condition for a business loan.  The security or lien agreement must prohibit the EDG from selling the assets.


Assets Without a Significant Return - 7 CFR § 273.8(e)(18) -  Assets that, if sold, will not net more than $1,500 after deducting the costs to sell the asset and any amounts owed.

Exception:  Does not include:

  • Stocks
  • Bonds
  • Negotiable financial instruments


Bonds - 7 CFR § 273.8(e)(8) and (19) - The value of US Savings Bonds that cannot be cashed in. Count the amount of bonds that can be cashed in based on the bond’s worth at the time of the determination, not on the bond’s face value.


Burial Plot - 7 CFR § 273.8(e)(2) - One burial plot for each EDG member.  


Cafeteria / Flexible Benefit Plans - 7 CFR § 273.8(e)(2) and (8) - The value of a cafeteria or flexible benefit plan if the EDG cannot withdraw funds from the plan.


Crime Victim's Payments - 7 CFR § 273.8(e)(11) - Payments from a crime victim compensation program funded under the Victims of Crime Act of 1984.


Current Month's Income - 7 CFR § 273.8(e)(9) and (g) & 7 CFR § 273.10(c)(2)(i) - Income for the current month, even if deposited into a checking or savings account. This includes prorated income during the months it is intended to cover. See Determining Income, Expenses and Deductions.


When determining assets at application, subtract all income received in the current month, up to and including the date of interview.


For an example see Current Income.


Deferred Compensation Plans - 7 CFR § 273.8(e)(2) - Plans with funds contributed by the employer or the employee. Exclude as long as the funds remain in a deferred compensation plan, regardless of whether:

  • the funds are accessible, or
  • the individual is still employed.


See Pension Plans/Retirement Accounts.


Disaster and Emergency Assistance Payments - 7 CFR § 273.8(e)(7) - Disaster and emergency assistance payments as provided under the Disaster Relief Act of 1974, and as amended by Public Law 100-707, the Disaster Relief and Emergency Assistance Amendments of 1988, including but not limited to:

  • HUD individual and family grant program payments, or
  • Small Business Administration disaster loans or grants.  


See Disaster Assistance.


Earned Income Tax Credit (EITC) - 7 CFR § 273.8(e)(12)(i)-(ii) - EITC payments are excluded as follows:

  • Federal EITC payments under section 3507 of the Internal Revenue Code for the month of receipt and the following month.
  • Federal, State or local EITC for 12 months if the EDG:
    • participated in SNAP when the EITC was received, and
    • continues to participate during the 12-month period.  Breaks of one month or less continue to count as participation.


Education Accounts - 7 CFR § 273.8(e)(8)(iv)(A) - Money in qualified tuition programs under Internal Revenue Code, Sections:


Count money deposited in non-tax exempt accounts.


Educational Income - 7 CFR § 273.8(e)(9) & 7 CFR § 273.9(c)(3)(i) & (ii)(A)-(B)(iv) - Exclude as an asset educational income excluded as income.

Exclude countable educational income which has been prorated as income.


Energy Assistance Payments - 7 CFR § 273.8(e)(14) - Energy Assistance Program payments.


Federal Income Tax Credits and Refunds - 7 CFR § 273.8(e)(11) - Exclude as an asset for 12 months after receipt under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Public Law 111-312.


Federal Payments - 7 CFR § 273.8(e)(2) and (11)


Federal payments excluded by law include but are not limited to:

  • Children of Women Vietnam Veterans Born with Certain Birth Defects payments, Public Law 106-419
  • Japanese and Aleuts Wartime Relocation of Civilians payments, Public Law 100-383
  • Nazi Persecution, Public Law 103-286
  • Radiation Exposure Compensation Act payments, Public Law 101-425
  • Special Supplemental Food Program for Women, Infants, and Children (WIC) benefits, Public Law 92-433
  • Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 reimbursements, Public Law 91-646, Section 216


For more information, see Income Excluded by Federal Statute.


Funeral Agreement - 7 CFR § 273.8(e)(2) - One funeral agreement for each EDG member. 


Home Equity Conversion Plan - 7 CFR § 273.8(c)(1) - See Life Use/Reverse Mortgage.


Homestead - 7 CFR § 273.8(e)(1) and (3)(i)(D) - Exclude the following homestead property:

  • The home the EDG lives in and all other property not separated by property owned by someone else.  The exclusion includes homestead property separated by a public road or other right-of-way.

Exception: Count any part of the EDG’s equity value of property separated from the home and lot by another individual’s property.

  • A partially completed home, unless the EDG:
    • owns a home elsewhere, or
    • is buying a home elsewhere.
  • A lot the EDG plans to build a home on, unless the EDG:
    • owns a home elsewhere, or
    • is buying a home elsewhere.
  • Buildings on the property, other than additional homes.

Note: Exclude the home where the EDG lives if the homestead contains 2 or more homes.  Exclude only one home at a time, unless the home meets another exclusion.

  • Vehicles used as the home.


Exclude a homestead the EDG intends to return to after being temporarily away from home due to:

  • Employment
  • Training for future employment
  • Illness
  • The home being unlivable due to a man-made or natural disaster such as, but not limited to a fire or flood. 


Note:  See Life Use/Reverse Mortgage, if appropriate.


Household Goods / Personal Effects - 7 CFR § 273.8(e)(2) - Household goods and personal effects, regardless of their value.


HUD Family Self-Sufficiency Program - 7 CFR § 273.8(e)(7) - Money held in a family self-sufficiency account as long as the money is not withdrawn for anything other than the goal of the program. 


Inaccessible Assets - 7 CFR § 273.8(d)(1)-(2) and (e)(8)(i)-(iv)(A) and (15) and (18) - Assets the EDG cannot access, such as, but not limited to:


Income Producing Property - 7 CFR § 273.8(e)(4) - Property annually producing income consistent with the property’s fair market value, even if used only on a seasonal basis.  Income producing property includes but is not limited to:

  • Rental homes
  • Vacation homes


Installment Sales Contracts - 7 CFR § 273.8(e)(6) - The value of installment contracts for any property, including but not limited to land, buildings, or personal property if the contract:

  • produces income consistent with the fair market value of the property, or
  • is held as security in exchange for a purchase price consistent with the fair market value of the property. 

The EDG no longer owns the property when sold under an installment contract.


7 CFR § 273.8(e)(6)


The value of installment contracts for any property, including but not limited to land, buildings, or personal property if the contract:

  • produces income consistent with the fair market value of the property, or
  • is held as security in exchange for a purchase price consistent with the fair market value of the property. 

The EDG no longer owns the property when sold under an installment contract.


Life Insurance Policy Cash Value - 7 CFR § 273.8(e)(2) - The cash value of a life insurance policy.


Life Use / Reverse Mortgage - 7 CFR § 273.8(c)(1) - Households may

  • borrow money against the value of their home, 
  • sell their home under a contract that allows them to remain in the home, or
  • sell their home with a provision that allows them to leaseback the home.


The home remains excluded when meeting homestead policy.  


Note: If a down payment is received by the household for the sale of the home, count it as an asset in the month received. See Lump Sums (Non-recurring).


Livestock - 7 CFR § 273.8(e)(2) and (4)-(5) - Livestock are excluded as: 


Loans - 7 CFR § 273.8(e)(15) - Loans using non-liquid assets as collateral for a business loan that legally bans the EDG from selling the asset. 


For an example see Loans.


Native American Gambling Operations - 7 CFR § 273.8(e)(8)(i)-(iv)(A) - Native American gambling payments made to children that are placed in an inaccessible trust. 


Native American Tribal Judgment Funds - 7 CFR § 273.8(e)(11) - Funds from judgment awards due to breaches of treaty provisions, and funds held in trusts by the Secretary of the Interior.  Native American tribal judgment funds are not from Native American gambling operations.  The funds come from the sale or lease of:

  • oil,
  • gas, and 
  • other tribal assets, such as land. 


Click here for the list of public laws and the treatment of the funds.


Exclude payments of:

  • $2,000 or less for each EDG member, per payment, per calendar year, and
  • any amount placed in an inaccessible trust.


Native American Tribal Land - 7 CFR § 273.8(e)(10) - Land that:

  • is held jointly with the tribe, or
  • can only be sold with the approval of the Bureau of Indian Affairs.


Pension Plans / Retirement Accounts - 7 CFR § 273.8(e)(2) - Pension plans or retirement accounts with funds contributed by the employer or the employee. Exclude the funds

  • as long as they remain in the plan or account, even if accessible, and
  • whether or not the individual is still employed. 


See also Deferred Compensation Plans.


Click here for a list of pension plans/retirement accounts excluded as assets. 


Plan for Achieving Self-Support (PASS) Support - 7 CFR § 273.8(a) - Money deposited in a special PASS account.


Property Essential to Employment of Self-Employment - 7 CFR § 273.8(e)(5) - Property essential to the employment or self-employment of an EDG member including but not limited to:

  • Farm land
  • Work-related equipment, such as but not limited to: 
    • Machinery 
    • Supplies
    • Tools


Exclude self-employment farming property for one year after the EDG stops farming, beginning the month after the individual stops farming.


Property to Maintain Income-Producing Vehicles - 7 CFR § 273.8(e)(16) - Property needed to maintain an income-producing vehicle.  Exclude only the piece of the land used for storage or repair of the vehicle.  The vehicle must be used for one of the following reasons:

  • Produce income more than 50 percent of the time it is used; or
  • Produce income consistent with its fair market value, even if used only on a seasonal basis.


Trust Funds - 7 CFR § 273.8(e)(8)(i)-(iv)(A) -  Trust funds and income from inaccessible trust funds.  To be inaccessible, all of the following rules must be met:

  • During the benefit period:
    • the trust arrangement is not likely to end, and
    • no EDG member has the authority to end the trust arrangement or change the beneficiary.
  • The trustee handling the trust must be:
    • a court appointee with court-imposed limits placed on the use of funds, or
    • an institution, court, corporation, or organization not owned by or under the control of an EDG member.
  • Trust investments must not directly involve or help any business or corporation under the control, direction or influence of an EDG member.
  • The irrevocable trust must be established from:
    • non-EDG funds by a non-EDG member, or
    • the EDG’s funds, if the trustee uses the funds solely to:
      • make investments on behalf of the trust; 
      • pay the educational expenses of any individual named by the EDG creating the trust; or
      • pay the medical expenses of any individual named by the EDG creating the trust.


Types of trusts include, but are not limited to:

  • Educational trust
  • Medical expense trust  


Vehicles - 7 CFR § 273.8(f)(4)(i)-(v) - All licensed and unlicensed vehicles.