Transfer of resources.

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Transfer of resources.

(6) Transfer of resources. Households which have transferred resources as defined in subdivision (b) of this section knowingly for the purpose of qualifying or attempting to qualify for food stamp benefits shall be disqualified from participation in the food stamp program for up to one year from the date of the discovery of the transfer. This disqualification period shall be applied if the resources are knowingly transferred in the three-month period prior to application or after the household is determined eligible for benefits.

(i)Eligibility will not be affected by the transfers of the following:#

(i) Eligibility will not be affected by the transfers of the following:

(a) resources which would not otherwise affect eligibility;

(b) resources sold or traded at or near fair market value;

(c) 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); and

(d) resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.

(i)(a)resources which would not otherwise affect eligibility;#

(a) resources which would not otherwise affect eligibility;

(i)(b)resources sold or traded at or near fair market value;#

(b) resources sold or traded at or near fair market value;

(i)(c)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); and#

(c) 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); and

(i)(d)resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.#

(d) resources which are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.

(ii)If an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the household shall be sent a notice of denial explaining the reason for and length of the disqualific#

(ii) If an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the household shall be sent a notice of denial explaining the reason for and length of the disqualification. The period of disqualification shall begin in the month of application. If the household is participating in the food stamp program at the time of the discovery of the transfer, a notice of adverse action explaining the reason for and length of the disqualification shall be made effective with the first allotment to be issued after the notice of adverse action period has expired.

(iii)The length of the disqualification period shall be based on the amount by which nonexempt transferred resources, when added to other countable resources, exceeds the allowable resource limits.#

(iii) The length of the disqualification period shall be based on the amount by which nonexempt transferred resources, when added to other countable resources, exceeds the allowable resource limits. The following chart will be used to determine the period of disqualification: