Section 363.150 - Transfer of AssetsThe 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 |
Amended by Mass Register Issue 1330, eff. 1/13/2017.Amended by Mass Register Issue 1522, eff. 5/24/2024.