03.04.335 Totally Excluded Licensed Vehicles

The Department determines if a vehicle is totally excluded as a resource. If a vehicle is totally excluded, the resource value is not counted against the household's resource limit. Totally excluded licensed vehicles are listed in Subsections 03.04.335.01 through 335.07. (3-15-02)

Table03.04.335Licensed Vehicles Not Counted As A Resource

 

Licensed Vehicle Use

Description

01.

Licensed Vehicle Used To Produce Income

The vehicle must produce annual income consistent with the vehicle's fair market value (FMV).  The exclusion applies during temporary unemployment.

Examples: Taxi, produce truck, or fishing boat.

Licensed vehicles used in self-employed farming by a household member will continue to be excluded as a resource for one (1) year after the farming self-employment stops. (3-15-02)

Note: Individuals are not considered self-employed when they have an ownership interest in an S-Corp or LLC.

Any vehicles titled to individual household members (with S-Corp or LLC ownership interest) are considered a resource to the household and cannot be excluded for self-employment, even if used to produce income for the S-Corp or LLC.

Any vehicles titled to an S-Corp or LLC are considered to be the property of the business entity and are not a resource to the household.  

02.

Licensed Vehicle Used For Job-related Long Distance Travel

Used for job-related long distance travel by household member, ineligible legal noncitizen, or disqualified person. This does not include commuting to work or training. The exclusion applies during temporary unemployment.   (7-1-98)

03.

Licensed Vehicle Used As Client 's Home

The vehicle is used as the household's home.    (6-1-94)

04.

Licensed Vehicle Used To Transport A Disabled  Household  Member

Needed to transport any physically disabled household member, physically disabled disqualified person whose resources are counted as available to the household, or physically disabled ineligible alien living in the household. The vehicle is excluded regardless of the purpose of the transportation.  This exclusion is limited to one (1) vehicle per physically disabled person. The physical disability may be permanent or temporary. The disability must be verified.      (3-15-02)

If a vehicle is excluded for the transport of a disabled person, use the HA code. [1/1/06]

05.

Licensed Vehicle Used To Travel From Job To Job

Used by migrant farm worker to go from job to job.   (6-1-94)

06.

Vehicle Used To Carry Fuel or Water

Used to carry the primary source of fuel for heating or water for home use during the certification period.    (7-1-98)

07.

Licensed Vehicles With No Significant Return

Proceeds from the sale of the vehicle, minus loans, would be less than one thousand five hundred dollars ($1,500). (3-15-02)

Note:  Any individual receiving SSD or SSI can be considered to have a physical disability.  No distinction is made between a "physical" disability and any other temporary or permanent disability.  Narrate the nature of the disability when excluding resource as a vehicle needed to transport a disabled person. If the participant has a temporary disability, record the date the disability is expected to end. If the vehicle is fully excluded for a disability, resources must be evaluated again when disability ends.  

Note: Vehicle Information From Household. When the participant reports ownership of a motor vehicle, record the following information:

  • Registered owner

  • Make

  • Model

  • Style

  • Year

  • Fair Market Value

 

Example 1:
Mary owns a 1990 Dodge Diplomat. She uses the vehicle to take orders and deliver products in her home cosmetic business. The car is valued at $7400. The business nets $1500 annually. The vehicle is fully excluded as a resource. The vehicle produces income consistent with its fair market value. It produces more than 10% of the fair market value of the vehicle ($740).

Example 2:
Mr. Jones owns a taxi and operates his own taxi service during the week. He drives the taxi to church on Sunday. He drives the taxi to Florida each year on his two-week vacation. The taxi is excluded as a resource. If Mr. Jones gets sick and cannot drive the taxi, it is still excluded during this temporary unemployment.

Example 3:
Mr. Buck owns a 4-wheel drive pickup with a $9500 FMV. He uses it for transportation all year. During the winter months he attaches a snow plow and clears driveways and parking lots. Mr. Buck's 4-wheel drive pickup can be fully excluded as a resource. The pickup must annually produce income consistent with its FMV, even if used only on a seasonal basis. Mr. Buck made $1,000 snow plowing this winter. The $1,000 income from winter snow plowing with the pickup is greater than 10% of the pickup's FMV ($950). The pickup can be fully excluded. If there was no snow during the winter, zero income could be consistent with market trends for that year. The case file must be carefully documented to support this decision.

Example 4:
Mr. Baxter is an engineering consultant. He lives in Boise and travels to temporary jobs in Salt Lake City, San Francisco, Atlanta, and other out-of-State cities. He uses a 1991 Mercury Capri with an FMV of $9500. His jobs last from two weeks to six months. The Mercury is used for long distance work-related travel. The Mercury is fully excluded as a resource.

If Mr. Baxter typically took jobs, either full-time or temporary, under a 2-hour commute each way from home, and where he did not need to get temporary lodging, the vehicle would not be fully excluded.

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