Before payment, aid provided pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code or similar aid provided by a charitable organization or a fraternal benefit society as defined in Section 10990 of the Insurance Code, is exempt without making a claim. After payment, the aid is exempt.
§ 704.170.Aid Provided to Charitable Organization Or Fraternal Organization Society
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 3. Exempt Property · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 704.170 exempts, without a claim, welfare aid provided under the Welfare and Institutions Code and similar aid provided by a charitable organization or fraternal benefit society, both before and after the aid is paid.
Full Text of § 704.170
Plain-English Summary
Public and private charitable aid is treated the same way disability and unemployment benefits are treated elsewhere in this article. Before payment, aid provided under Division 9 of the Welfare and Institutions Code — the state's general public assistance provisions — is exempt without any claim. Similar aid provided by a charitable organization or a fraternal benefit society, as the Insurance Code defines that term, gets the same protection.
Once the aid is paid to the debtor, it stays exempt. The point of this section is to make sure a debtor relying on public assistance or charitable support isn't left worse off than before receiving that help, at either stage of the process.
Frequently Asked Questions
Is public assistance protected from a judgment creditor?
Yes. Section 704.170 exempts welfare aid under the Welfare and Institutions Code both before and after it's paid, without filing a claim.
Does this exemption cover aid from a charity or fraternal organization too?
Yes, similar aid provided by a charitable organization or a fraternal benefit society defined in the Insurance Code gets the same protection.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: public assistance exemption californiawelfare aid exempt from creditors