If a household transfers a resource within three months before the application date or after certification, the CAO will determine if the transfer was made purposely to qualify for SNAP. 7 CFR § 273.8(h)
The CAO will not count the value of a transferred resource if:
The resource was transferred more than three months before the application date;
The transferred resource plus other countable resources does not exceed the resource limit;
The sale or trade of the resource was made at or near fair market value;
The resource was transferred between members of the same household, including ineligible noncitizens or disqualified individuals whose resources are considered available to the household; or
The resource was transferred for reasons other than to qualify for SNAP, such as funds put in an educational trust fund by a parent.
The CAO will disqualify a household for transferring a resource if the transfer was made: 7 CFR § 273.8
For less than the approximate fair market value;
Within three months before the application date or any time after certification; and
To qualify for SNAP.
The CAO will:
Disqualify a household from participation in the program for up to one year from the discovery date of the transfer; and
Base the disqualification period on the amount by which the transferred resource exceeds the resource limit when added to other countable resources.
The periods of disqualification are:
|
Amount in Excess of Resource Limit |
Period of Denial |
|
$0.01 to $249.99 |
1 month |
|
$250.00 to $999.99 |
3 months |
|
$1,000.00 to $2,999.99 |
6 months |
|
$3,000.00 to $4,999.99 |
9 months |
|
$5,000.00 or more |
12 months |
The CAO must begin the disqualification period in the application month, unless the household is already certified when the transfer is discovered. 7 CFR § 273.8
If the household is already certified, the CAO must send an Advance Notice of Adverse Action to close the case. The CAO must start the disqualification period with the first benefit after the notice expires, unless the household requests a fair hearing and continued benefits.
If the household has not been certified, the CAO must send a Notice of Ineligibility showing the period of disqualification.
Reissued June1, 2012, replacing March 1, 2012