N.D. Admin. Code 75-02-01.2-26

Current through Supplement No. 395, January, 2025

Section 75-02-01.2-26 - Disqualifying transfers

1. The transfer of an asset, without adequate consideration, disqualifies the household from receipt of benefits . For a participating household, the disqualification begins the first benefit month after notice of adverse action. For a nonparticipating household, the period of disqualification begins with the month of application.

2. Length of disqualification is as follows:

a. One month for a disqualifying transfer of more than zero dollars, but less than two hundred fifty dollars;

b. Three months for a disqualifying transfer of two hundred fifty dollars or more, but less than one thousand dollars;

c. Six months for a disqualifying transfer of one thousand dollars or more, but less than three thousand dollars;

d. Nine months for a disqualifying transfer of three thousand dollars or more, but less than five thousand dollars; and

e. Twelve months for a disqualifying transfer of five thousand dollars of more.

3. Notwithstanding subsection 1, a transfer is not disqualifying if it is made by an individual, who is not a responsible relative, by removing the name of a member of the household from a jointly owned account to which no member of the household contributed, provided that the name of the household member is removed:

a. If the existence of the account is discovered by the county agency while the household is in the process of applying for assistance, before the initial payment is certified; or

b. If the existence of the account is discovered by the county agency while the household is receiving benefits, within thirty days after that discovery.

4. If the household member who caused the household's ineligibility due to a disqualifying transfer leaves the household, the remaining household members are no longer subject to the disqualification penalty only if the transferred asset was owned solely by the departing household member. Effective the day following the day in which the individual left the household, the remaining members may apply for benefits. If the transferred asset was jointly owned with any remaining member of the household, the disqualification period must continue as initially calculated.

5. When an individual who caused a household's ineligibility due to a disqualifying transfer moves to a different household, the new household may be disqualified from the receipt of benefits for a period beginning with the month in which the individual became a member of the new household and continuing for the remainder of the period of disqualification.

N.D. Admin Code 75-02-01.2-26

Effective December 9, 1996; amended effective July 1, 1997; January 1, 2003.

Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.

General Authority: NDCC 50-09-02, 50-09-25

Law Implemented: NDCC 50-09-02