Tenn. Comp. R. & Regs. 1240-01-04-.11 - TRANSFER OF RESOURCES - FOOD STAMPS ONLY

(1) Transfer of Resources - Food Stamps Only. At the time of application, household shall be asked to provide information regarding any resources which any household member (or ineligible alien or disqualified person whose resources are being considered available to the household) had transferred within the 3 month period immediately preceding the date of application. This includes 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). Households which have transferred resources knowingly for the purpose of qualifying or attempting to qualify for food stamp benefits are 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 household is determined eligible for benefits.

(2) Transfers Not Resulting in Disqualification. Eligibility for the program will not be affected by transfers of resources:

(a) Which would not otherwise affect eligibility;

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

(c) Which are transferred between members of the same household; and

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

(3) Period of Disqualification. The length of the disqualification period is based on the amount by which the transferred resource, when added to other countable resources, exceeded the allowable resource limits.

(4) Disqualifying a Household. In the event the worker establishes that an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for food stamp benefits, the worker sends the household a notice of denial explaining the reason for and length of disqualification. The period of disqualification shall begin in the month of application. If the household is participating at the time of the discovery of the transfer, HS-0751, Notice of Disposition, explaining the reason for and length of the disqualification is sent. The period of disqualification is effective with the first allotment issued after the adverse notice period has expired, unless the household requested a fair hearing and continued benefits.

Notes

Tenn. Comp. R. & Regs. 1240-01-04-.11

Original rule filed August 15, 1980; effective September 29, 1980. Repeal and new rule filed December 10, 1981; effective January 25, 1982. Amendment filed August 17, 1982; effective September 16, 1982.

Authority: T.C.A. § 14-27-104; 7 CFR 173.8; PL 97-35.