The transfer of asset rules do not apply to categorically
eligible households as defined in
106
CMR 365.180: Categorically Eligible
Assistance Units.
The transfer of asset rules will be applied to any household
which contains a member disqualified from receiving SNAP benefits. Non-SSI
elder and/or disabled households with income above the Categorical Eligibility
Gross Income standards at
106
CMR 364.976: Gross Monthly
Categorical Eligibility Income Standards will also be subject to
transfer of asset rules.
(A)
Transfers Resulting in Disqualification. At the time
of application, households shall be asked to provide information regarding any
assets that a household member has transferred within the three-month period
before the date of application. Households that have transferred assets
knowingly for the purpose of qualifying for, attempting to qualify for, or to
remain eligible for SNAP benefits shall be disqualified from participation in
the Program for up to one year from the date of the discovery of the transfer.
When action is taken to disqualify a certified household, an advance notice of
adverse action and the right to continued benefits pending a hearing decision
shall be provided to the household. The notice shall also include the reasons
for and length of the disqualification.
(B)
Transfers Not Resulting in
Disqualification. Eligibility for SNAP shall not be affected by a
transfer of assets in the following cases:
(1)
the asset would not otherwise affect eligibility because the total countable
household assets was less than the allowable limits at the time of the
transfer;
(2) the assets are sold
or traded at or near fair market value;
(3) the assets are transferred between
members of the same household; and
(4) the assets are transferred for reasons
other than qualifying or attempting to qualify for SNAP benefits, for example,
a parent placing funds in an educational trust fund.
(C)
Determination of
Intent. The Department must demonstrate that the household
transferred the asset for the purpose of obtaining or maintaining eligibility
for SNAP.
The Department shall base its determination on whether the
household had knowledge of the SNAP program, and retained sufficient assets
after the transfer was completed to provide for its care and support
considering such factors as the household size, living arrangement, and age and
health of the members of the household.
(D)
Period of
Disqualification. The length of the disqualification period is
based on the amount by which the countable transferred asset, when added to
other countable assets, exceeds the allowable asset limit. The following chart
will be used to determine the period of disqualification:
|
Amount in Excess of the Asset
Limit
|
Period of
Disqualification
|
|
$ 0 - 249.99
|
One Month
|
|
250 - 999.99
|
Two Months
|
|
1,000 - 2,999.99
|
Six Months
|
|
3,000 - 4,999.99
|
Nine Months
|
|
5,000 - and up
|
12 Months
|
