5101:4-4-09 Food assistance: transfer of resources.

 

5101:4-4-09                 Food stamps: Transfers of resources.

 

 

 

(A)  Transfers resulting in disqualification

 

At the time of application, the EW county agency shall ask the AG to provide information regarding any resources any AG member (or ineligible alien or disqualified person whose resources are being considered available to the AG) has transferred within the three-month period immediately preceding the date of application. AGs which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for food stamp benefits are shall be disqualified from participation in the 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 transferred knowingly in the three-month period prior to application or if they are transferred knowingly after the AG is determined eligible for benefits. An example of the latter would be assets which the AG acquires after being certified for benefits which are then transferred to prevent the AG from exceeding the maximum resource limit.

 

(B)  Transfers not resulting in disqualification

 

Eligibility for the program will not be affected by the following transfers of resources which:

 

(1)    Would not otherwise affect eligibility, for example, resources consisting of excluded personal property such as furniture or money that, when added to other nonexempt AG resources, totaled less than the allowable resource limits at the time of the transfer;

 

(2)   Are sold or traded at or near fair market value;

 

(3)   Are transferred between members of the same AG (including ineligible aliens or disqualified persons whose resources are being considered available to the AG); and

 

(4)    Are transferred for reasons other than qualifying or attempting to qualify for food stamp benefits.

 

(C)  Period of disqualification

 

The length of the disqualification period isshall be based on the countable amount

 

 

of the by which nonexempt transferred resourceresources, when added to other countable resources, exceeds the allowable resource limit. The following chart is used to determine the period of disqualification:

Amount in Excess of the Resource Limit         Period of Disqualification

$ 0.01 - 249.99                              1 month

$ 250 - 999.99                              3 months

$ 1,000 - 2,999.99                           6 months

$ 3,000 - 4,999.99                           9 months

$ 5,000 - and up                             12 months

(D)  Disqualifying an AG

In the event the EWcounty agency establishes that an applicant AG knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the county agency shall send the AG a notice of denial explaining the reason for and the length of the disqualification. The period of disqualification shall begin in the month of application. If the AG has been participating 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 sent. The period of disqualification shall be sent effective with the first allotment issued after the adverse notice period has expired, unless the AG requested a fair hearing and continued benefits.

Effective:                                10/1/2002

CERTIFIED ELECTRONICALLY

Certification

09/24/2002 11:25 AM

Date

Promulgated Under:   111.15

Statutory Authority:   5101.54

Rule Amplifies:           329.04, 329.042, 5101.54 Prior Effective Dates: 6/2/80, 9/27/82, 4/10/87

(EMER.), 6/22/87, 9/1/94, 9/28/98