ULS Asset Guidelines

The ULS asset guidelines are set forth below.  To the extent that they do not conflict with these specific guidelines, the rules for assessing asset eligibility contained in the federal SSI and Medicaid regulations shall control. 

 1.  Asset Limits

     ULS asset limits are based on the formula of multiplying the applicable income amount (125% of the federal poverty level) for the respective household size by a factor of 4.  As the income amount raises annually, so will the asset limit. The asset limits are currently as follows (but again, will adjust automatically with the income levels):

     If an applicant is participating in a governmental program for low-income individuals, including but not limited to SSI, TANF, GA, and Medicaid; ULS asset guidelines are satisfied and questions regarding further assets are unnecessary. 

 3.  Exempt Assets

     The primary residence of the applicant is exempt.  All household goods exempt from attachment under state or federal law are exempt from consideration under ULS asset policies.  Up to $10,000 of the fair market value of work-related tools and equipment are exempt.

 4.  Vehicles

     ULS exempts one vehicle for each driver in the household who has earned income, regardless of age.  In the event there is no household income, ULS will still exempt one vehicle. 

 5.  Loans/Grants

     Monies obtained through written loan agreements and that must be repaid are exempt.  Any other monies such as grants are not exempt unless specifically restricted to payments such as college tuition, etc.

  6.  Assets Readily Convertible to Cash

       Assets that are readily convertible to cash count toward the asset limit.  Examples of readily convertible assets include, but are not limited to: retirement accounts, the cash value of a life insurance policy, and a certificate of deposit.  Real property separate from the primary residence will be counted, unless it can be shown that the property is not marketable.  Unmarketability may be established by showing that a good faith, six-month effort has been made to sell the property but without success. 

 7.  Self-Employment Considerations

     If an applicant is self-employed, assets owned and used solely for the purposes of the business (other than tools, described above) are exempt.  All other assets will be included.  Any monies in a business checking or savings account will be included as an asset unless said monies are already “marked” for an expenditure related solely to the business.

 8.  Domestic Violence Exception

      In assessing the assets of an applicant for legal assistance who is a victim of domestic violence, ULS considers only the assets of the applicant and members of the applicant’s household, other than those of the alleged perpetrator.  ULS does not include any assets held by the alleged perpetrator of the domestic violence that are held jointly by the applicant, or any members of the applicant’s household, and the alleged perpetrator of the domestic violence.

 9.  Household composition

      ULS will apply to the same asset standards for households regardless of marital status.  Generally, for ULS purposes, the members of a household share expenses and any income earned supports everyone in the household.  Usually, but not always, members of a household reside together.  Here are some examples to consider:

• “Roommates”, in the true sense of the word, are not part of the same household;
• Spouses, partners, or significant others, if living together and/or supporting one another, will generally be part of the same household;
• An income earner who works in a location away from the rest of his/her household would be considered one household if the income earner supports the household, intends to return there, and considers it to be their primary residence.  In this case, the household would include persons who may be living away from the income earner and the income and assets of all of the persons in the household would be included. 
• A person who is getting a divorce and the couple is “separated”, would generally not have his/her spouse as part of the household. 
• An adult child living with parents will typically be considered a separate household, as will parents living with an adult child. 
• A person paying child support cannot count those children as part of his/her household. 

EXCEPTION:  As noted above, for victims of domestic violence, the perpetrator of the violence is PER SE not a part of the household even if still living in the residence.   

10.  Waiver by Director

       Rare exceptions to the asset guidelines may be made by the ULS executive director, or designee, in writing on a case-by-case basis where there is demonstrated medical need or other hardship.