9052 Transfer of Resources

[273.8(i)] At the time of application, households will be asked to provide information regarding any resources which any household member (or ineligible alien or disqualified person whose resources are being considered available to the household) had transferred within the three- month period immediately preceding the date of application. Households which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for food stamp benefits will be disqualified from participation in the program for up to one (1) year from the date of the discovery of the transfer. This disqualification period will be applied if the resources are transferred knowingly in the three-month period prior to application or if they are transferred knowingly after the household is determined eligible for benefits. An example of the latter would be assets which the household acquires after being certified and which are then transferred to prevent the household from exceeding the maximum resource limit. Eligibility for the program will not be affected by the following transfers: 1. Resources which would not otherwise affect eligibility. For example, resources consisting of excluded personal property such as furniture, or of money that, when added to other non-exempt household resources, totaled less at the time of the transfer than the allowable resource limits. 2. Resources which are sold, or traded at, or near, fair market value. 3. Resources which are transferred between members of the same household (including ineligible aliens or disqualified persons whose resources are being considered available to the household). 4. Resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits. For example, a parent placing funds into an educational trust fund described in DSSM 9049 (8). In the event that DSS establishes that an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the household will be sent a notice of denial explaining the reason for, and length of, the disqualification. The period of disqualification will begin in the month of application. If the household is participating at the time of the discovery of the transfer, a notice of adverse action explaining the reason for, and length of, the disqualification will be sent. The period of disqualification will be made effective with first allotment to be issued after the notice of adverse action period has expired, unless the household has requested a fair hearing and continued benefits. The length of the disqualification period will be based on the amount by which non-exempt transferred resources, when added to other countable resources, exceeds the allowable resource limits. For example, if a one-person household with $1,750 in a bank transferred ownership of a car worth $5,000, $100 of that transfer would be considered because the first $4,650 of the car's value was exempt and an additional $250 of the transferred asset would have been applied toward the $2,000 resource limit. The following chart will be used to determine the period of disqualification: AMOUNT IN EXCESS OF RESOURCE LIMIT PERIOD OF DISQUALIFICATION 0 to $ 249.99 1 month $ 250 to $ 999.99 3 months $1,000 to $2,999.99 6 months $3,000 to $4,999.99 9 months $5,000 and over 12 months