1110.035.05 Transfers Not Affecting Eligibility – DSS Manuals

IM-14 February 23, 2007

Program eligibility is not affected by the following transfers.

Resources not otherwise affecting eligibility (for example, resources consisting of excluded personal property such as furniture or money), that when added to other EU resources, totaled less at the time of the transfer than allowable resource limits. EXAMPLE: Mrs. Green moved from her apartment into a house and purchased new living room furniture. She gave much of her old furniture to her daughter-in-law. This is not considered a transfer as EU furniture is an exempt resource. EXAMPLE: Mr. O’Connor owns available resources totaling $1,250. His son, John, is attending college and Mr. O’Connor gave him $300 to help pay tuition and fees. Mr. O’Connor applies for foods stamps and when discussing transfer of property with the caseworker, he states the money is not a loan. Although Mr. O’Connor has not placed the money into an educational trust fund and states it is not a loan, this is not considered a transfer of resources to qualify for FS benefits as Mr. O’Connor is under the resource maximum even if he had not given the money to his son ($1,250 + $300 = $1,550).

Resources sold or traded at or near fair market value. EXAMPLE: Ms. Jones owns a house for which she received an offer of $5,000 from a real estate agency. She sells the house to her brother for $4,700. To pay for the house, he gives her a car valued at $2,300 and $2,400 in cash. This is considered fair and valuable consideration.

Resources transferred between members of the same food stamp EU.

Resources transferred for reasons other than qualifying or attempting to qualify for food stamps; for example, a parent placing funds into an educational trust fund, money, or other resources given away to repay a bona fide loan. Accept the applicant’s statement that a bona fide loan was repaid unless it contradicts other statements made on the application or previous applications, or other information known to FSD. If further verification is required, it may be established by a simple statement signed by both parties indicating payment was a loan requiring repayment. EXAMPLE (Reasonable): Ms. Jones’ son has been paying for her needs for over a year. She receives an insurance settlement of $2,000. She gives her son $1,000. Two months later, she applies for FS. The caseworker discusses transfer of property with Ms. Jones. Ms. Jones insists that she had promised to repay her son for helping her if she ever got any money. A written statement signed by both parties is sufficient verification.