California Poverty Law

Poverty law covers matters such as food stamps, indigent relief, homeless shelters, aid to poor families with dependent children and general guidelines concerning the measurement of poverty.

In California, federal, state and county laws and regulations are all applicable.

Food Stamps

Unemployed people with few savings will likely be best served by first checking opportunities to receive unemployment benefits. These, by the way, are not always counted part of the specific matter of "poverty law." You don't have to be in poverty to be on unemployment.

If unemployment benefits are very low or non-existent for you, then you may want to look into food stamps. Food stamps are provided by the government and can be used to buy food and other eligible items. They are not only for unwed mothers, although special benefits may be available for people with children under the age of 18. The major factors for determining whether you can receive food stamps are your income and the worth of your household's assets.

Food Stamps

First, we can note that even if you have a low income and no savings, if you are receiving SSI/SSP payments, you are probably not eligible for food stamps. The SSI and SSP programs are for blind or disabled people over the age of 65.

Second, we can note that even if you have no children under the age of 18, if your household assets are worth less than $2001 and you have a low income, you may be eligible.

A standard of 130 percent of the federal poverty level provides a starting point in determining a qualifyiing "low" income. At over 130 percent of the federal poverty level for your state, you are not likely to receive many benefits as a non-disabled person under the age of 60 with no minor children. Your specific county will provide various adjustment to the income measure that might raise the 130 percent barrier. Also, there are other special rules that exist and may exist in the future.

It is difficult to provide a determination apart from actually contacting the government. If you have no or almost no monthly income (< $50), you will at least pass the income test. Be warned, though, that there are many other barriers to receiving benefits to consider besides that of the income test; we have already mentioned the need for low assets, and also there is the matter of your immigration status to consider.

Third, we should note that if you or a family member is over 60 or disabled, then standards change. You might be able to have more income and more household assets and still receive benefits.

Fourth, keep in mind that if there are children under the age of 18 in your household, we find another case where standards are adjusted in your favor.

There are many other rules to consider. The upshot is, if you feel that you have relatively low assets and income and you do not see a rule specifically ruling you out, you should go ahead and begin the application process online.

Check with MyFoodStamps.org for the latest regulations. The requirements can be complex.

Household Assets

Perhaps the most confusing question in applying for food stamps is determining what counts as part of your household assets. If you are under 60, you can typically have only $2000 in household assets, and that is not a lot. So you have to make sure you don't have too many assets before getting overly hopeful about the possibility of food stamps.

Your vehicle no longer counts. That is very significant news, because for many people who do not own a home, their vehicle is the most valuable material possession in their inventory. But now you do not have to worry about the worth of your vehicle when applying for food stamp benefits in California. Keep in mind, though, that the situation may be different in other states.

The money in your bank accounts counts, as does the worth of stocks and bonds you own. Thus, on the first level of analysis, you would have to worry that if you have more in than $2000 in the bank, minus the worth of your portfolio, you will not be eligible for food stamps. But there are special rules, and if you are over 60, the limit is $3000.

Homeless

If you are homeless, you might also be able to receive so-called "general relief." When you apply for food stamps, your eligibility for such a program might be discussed, if you indicate that you are indigent. You can also inquire at your county Department of Social Services office, or at the local homeless shelter.

MInor Children or Pregnant

If you have minor children or are pregnant, there are further programs available beyond food stamps. Again, when you apply for food stamps, there may be information available about these programs--if you indicate that you have children under the age of 18 in your household and/or that you are pregnant. You can also find information by searching on the CA.gov website for either the "CalWorks" program or the "Temporary Assistance to Needy Families" (TANF) program.

References

• Georgetown University Law Center: Poverty Law Research Guide
• California Department of Social Services: Supplemental Security Income--State Supplementary Payments
• California Guide to the Food Stamp Program: Net Monthly Eligibility Standards
• California Guide to the Food Stamp Program: Vehicles Don't Count for Food Stamps in California
• California Association of Food Banks: Are You Eligible?

Resources

• California Association of Food Banks
• California Indigent Relief
• CalWorks or Temporary Assistance to Needy Families