Page 212
G. Transfer of Resources. (1) A budget group member that has transferred a countable resource(s) may be sanctioned for up to one year if: (a) The resource(s) was transferred within the three-month period immediately preceding the application filing date; and (b) The resource(s) was transferred for the purpose of qualifying for benefits; or (c) The resource(s) was transferred at any time after approval for benefits. (2) The length of the disqualification period is based on the amount by which the transferred resource(s) when added to other countable resources exceeds the allowable resource limit. For applicant households, the disqualification period begins with the month of application; for recipient households, the month after the timely notice is received. (3) Disqualification Periods: $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 to and up 12 months (4) Transfer of resources will not result in disqualification when: (a) The resource would have been excluded; or (b) The resource was sold or traded at the approximate fair market value; or (c) The resource was transferred to another eligible or sanctioned budget group member; or (d) The resource was transferred for a reason other than qualifying for benefits. H. Irrevocable Trusts. The funds in an irrevocable trust are considered inaccessible to the budget group; however, any income paid from the trust to the budget group is counted as unearned income. I. Individual Development Accounts. (1) A savings account owned by a recipient and designated by the recipient as an Individual Development Account (IDA) which has a value of ten thousand dollars or less is excluded from the FI resource limit. (2) A savings account owned by an FI recipient prior to application, with a value of two thousand five hundred dollars or less, may be converted to an IDA. (3) A lump sum payment of ten thousand dollars or less deposited in an IDA within thirty days will not be counted as income. (4) Funds in an IDA in excess of ten thousand dollars are counted against the two thousand five hundred dollar resource limit. J. Requirement to Apply for Available Benefits. The Department will establish and carry out policies with reference to applicants’ and recipients’ potential sources of income which provide for their being developed to a state of availability. K. JTPA Income of Adults and Children. (1) Earned or unearned income received by minor children from Job Training Partnership Act (JTPA) Programs is disregarded in eligibility and benefit computations. (2) Earned income received by adults, after appropriate disregards are granted, is counted in the budget. (3) Unearned income received by adults, designated by JTPA as being for training expenses is excluded. L. Disregard of Child Support Payments Made by a Budget Group Member to a Non-Budget Group Member. Child support payments made by a budget group member to legal dependents who are not budget group members may be deducted from the income of the payor. M. Garnished Wages. A garnishment from wages is not excludable income.