5000 Resources

5725 Hardship - A transfer of property penalty period may be waived if denial of Food Assistance creates an undue hardship on the individual. Undue hardship is only applicable to financially needy individuals with no possible means of recovering the transferred property. Both financial and basic needs (including medical) must be demonstrated in each hardship claim. Undue hardship exists only if the individual can demonstrate actual, not merely probable hardship

Undue hardship does not exist when application of the transfer penalty causes the individual inconvenience or might restrict his or her lifestyle. It must put the individual in serious risk of deprivation. Undue hardship exists in instances where an individual who would otherwise be eligible for Food Assistance has demonstrated financial hardship through a suitable recovery effort and application of the transfer penalty period would deprive the individual of food.

5725.1 Evidence to Support a Claim of Undue Hardship - The individual must supply evidence to support the claim of undue hardship. The evidence should be directly related to the claim of undue hardship and may be of any form (e.g. legal documents, medical reports, etc). The circumstances surrounding the transfer shall also be considered.

Financial Hardship - The individual must demonstrate that an effort has been made to make resources available to pay for his or her care. Hardship may be demonstrated by documentation of one or more events in the following list. Comparable reasons may also be considered, but considerable documentation is necessary. The individual has demonstrated that all reasonable efforts to meet his or her needs from other available sources have been exhausted. Such efforts include using available exempt and non-exempt assets in which the individual currently has access, unless such use would put the individual or another blind, disabled or deprived individual at serious risk. For example, the individual would not be expected to sell a modest home in which he and his disabled son lived. He would also not be expected to sell necessary medical equipment or a vehicle required for employment. All reasonable means have been made by the individual to regain ownership of the transferred property or to receive full compensation for the property, or the individual demonstrates that efforts to do so would likely be unsuccessful or would not be cost effective. If funds can be made available only by selling assets which would deprive the individual, or another individual of a significant income source, which would put such individual at risk of receiving public benefits. Such risk must be demonstrated by the individual and must be substantiated by an individual certified to determine benefits for such public benefits. This does not apply if the asset being excepted is the asset transferred. The individual cannot recover the assets due to loss, destruction or other extraordinary circumstances.

Deprivation Hardship - The individual must demonstrate that he or she would be deprived of food. Hardship may be demonstrated by documentation. Comparable reasons may also be considered, but considerable documentation is necessary.

5725.2 Notification and Request for Undue Hardship - The individual shall be notified of the right to request an undue hardship exception upon notification of the transfer disqualification. The claim of undue hardship must be made in writing to the agency and may be made anytime during the penalty period. The claim must identify the circumstances surrounding the transfer with an explanation as to why an undue hardship exception should be granted.

5725.3 Decision Regarding Undue Hardship - The EES Program Administrator or designee are responsible for rendering the decision regarding undue hardship. The agency shall respond to the individual in writing with a decision within 30 calendar days from the date of receipt of the request.

If the undue hardship claim is granted, the transfer of property penalty shall be waived only to the extent necessary to prevent the potential or continued deprivation of benefits. A complete determination of Food Assistance would then be completed.

If the undue hardship claim is denied, the individual retains fair hearing rights (see 1610 ).