Updates on Asset Limit Reform
Accumulating savings and building assets is the precursor to going from just getting by to getting ahead. Unfortunately federal and state public benefit programs actually discourage and penalize applicants and recipients who try to save and become economically mobile.
Most states impose both income and asset or resource tests to ensure that benefit programs serve only those who truly need them. Income and asset tests vary from program to program and from state to state, and few caseworkers, not to mention applicants or recipients, completely understand what is allowed and what is not.
In terms of public policy, asset tests send the wrong message—that having assets is a bad thing. Specifically, asset limits lower the net worth of potentially eligible low-income individuals and families and discourage savings, thus serving as a barrier to financial security and upward mobility. Imposing and administering asset tests to a group largely without assets is also a waste of state resources that could be better spent on expanding benefit amounts. Finally, asset tests are unfair in that they often treat similar types of assets differently. All states, for instance, exclude defined benefit retirement savings, but most do not exclude 401(k) plans or individual retirement accounts (IRAs), even though all are retirement savings. For these reasons, there is a growing push, through legislation or administrative rule changes, on both the federal and state level, to eliminate asset tests completely, raise the amount of permissible assets, and/or expand the categories of excluded assets.
On the federal level, the United States Department of Agriculture recently issued proposed rules to exclude retirement and education accounts from countable resources under the Supplemental Nutrition Assistance (SNAP) program. Asset tests under the federal Supplemental Security Income (SSI) program have also been targeted for reform. Like most public benefit programs, SSI is limited to those who have no more than $2,000 in assets for an individual and $3,000 for a couple. All resources deemed accessible to an individual, including defined-contribution retirement accounts, such as 401(k)s and IRAs are counted. To address this situation, the proposed federal SSI Savers Act of 2011 would increase asset limits from $2,000 (single) and $3,000 (married) to $5,000 and $7,500 respectively, index those limits to inflation and for recipients younger than 65, and exclude retirement accounts, education savings, and individual development accounts from counting against the limit.
In terms of state initiatives, states have the authority to reform asset rules in state-administered assistance programs, including Temporary Assistance for Needy Families (TANF), SNAP, Medicaid, and the state’s children’s health insurance program (SCHIP), to make the rules simple, efficient, and fair, and to encourage saving and asset building. Thus, states may set their own asset limits, exempt categories of assets, or eliminate asset limits altogether, and an increasing number of states have utilized this authority.
At least three states, Ohio, Louisiana, and Virginia, have eliminated asset tests entirely in their TANF programs. Ohio was the first state to abolish asset limits in TANF; it did so in 1997. Although Ohio budget analysts predicted a small increase in the TANF caseload as a result of eliminating the asset test, no caseload increase or political fallout occurred. In 2003, Virginia adopted administrative rules that eliminated asset limits in the TANF and family and child medical programs, evaluated only liquid assets in the Food Stamp Program, and eliminated the TANF lump-sum rule, which made recipients ineligible for cash assistance after receiving a lump-sum payment such as retroactive SSI benefits or a personal injury settlement. Even more states have eliminated asset limits in their SNAP and Medicaid programs.
Several states that have not eliminated asset tests have nonetheless reformed their asset rules by increasing the amount of cash resources that recipients are permitted to have and by exempting certain forms of assets entirely. In 2005, Illinois excluded retirement accounts from asset tests in TANF and General Assistance. In 2006, Colorado passed legislation that raised TANF asset limits from $2,000 to $15,000 and exempted retirement, education, and health savings accounts and one vehicle per household. California passed a law exempting retirement and educational accounts from consideration as assets for recipients (but not applicants) in CalWORKs (California Work Opportunity and Responsibility to Kids, the state’s TANF program) and recently introduced a bill to exclude the value of a licensed motor vehicle from consideration when determining or re-determining CalWORKs eligibility.
Abolishing asset limits sends a clear message that saving and building assets are encouraged. While complete elimination of asset rules may not always be politically feasible, advocates can pursue substantially raising asset ceilings and exempting additional categories of assets, with the ultimate goal of removing them entirely at a later date.
For more information about reforming asset limits read the Shriver Center’s article on “Reforming State Rules on Asset Limits: How to Remove Barriers to Saving and Asset Accumulation in Public Benefit Programs,” in the March-April 2007 issue of Clearinghouse Review.
