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Chapter: 1600 Assets Program: CIC 17 1650.0603 Transfer of Assets Affecting Eligibility (CIC) The assistance group (AG) must not have made an intentional assignment, sale, gift, or transfer of assets in order to qualify for or maintain eligibility. When these transactions are made, the AG is ineligible for two years from the date of the transfer.

The determination of ineligibility must be based on the intent of the transfer rather than the value of the transfer. The statement of the individual is usually sufficient to establish the intent of the transfer. When the intent is unclear, the eligibility specialist must obtain information from other sources including but not limited to:

1. the person to whom the asset is transferred, 2. property records, and 3. collateral sources.

An investigation must also be conducted any time the eligibility specialist has reason to believe a transfer has been made with the sole intent of affecting eligibility. The Department must bear the burden of proof. The following details of the investigation and decision must be recorded:

1. type of asset transferred, 2. date of the transfer, 3. to whom the asset was transferred, and 4. the reason for transfer.

Clearance with the Circuit Legal Counsel must be obtained if further guidance is needed to make a decision on intent. 1650.0604 Net Value from Disposition (CIC) The individual has the right to dispose of assets without penalty if assets:

1. are below the asset limit, or 2. do not affect eligibility for any reason.

The net value received from the disposition of assets must be assessed to determine if the value will cause the total assets to exceed the asset maximum at any time.

The eligibility specialist must document or verify the loss of an asset. The individual's statement is accepted without verification or documentation when the asset is a:

1. car, truck, or van, and it is the only vehicle owned, with a net value of less than $1,500; 2. life insurance policy less than five years old with a face value of $5,000 or less; or 3. savings or checking account with a balance of less than $200.

If any other asset, the eligibility specialist must verify or document:

1. that the individual no longer owns the asset, 2. what happened to the asset, and 3. if sold, what happened to the proceeds.

The individual always has the right to spend money from a converted asset for any reason.