Current through August 30, 2024
(a) The division
may deny assistance for a maximum of 36 months to an applicant who, within 36
months before applying for assistance, makes a voluntary assignment or transfer
of a resource in order to qualify for assistance. If the transfer is made for
less than fair market value, it is presumed that the transfer was made
intentionally and for the purpose of qualifying for assistance. The individual
who made the transfer may rebut the presumed intent and purpose of the transfer
by providing evidence satisfactory to the division that the transfer was made
unintentionally or for a different purpose. Evidence to support a determination
that the individual made the transfer unintentionally or for a different
purpose may include any of the following:
(1)
documents or testimony establishing that the transfer was made to settle a
legally enforceable debt approximately equal to the equity value of the
resource;
(2) documents
establishing that the transfer was required by a court or an administrative
agency empowered to require the transfer of property;
(3) documents establishing that the
individual was a victim of theft, fraud, or coercion; the transfer was made as
a result of the theft, fraud, or coercion; and the individual has taken
appropriate steps to recover the resource or the equity value of the
resource;
(4) evidence that the
individual did not believe the transfer would affect the eligibility of the
assistance unit;
(5) evidence that
the individual believed that the compensation received was approximately equal
to the equity value of the resource;
(6) evidence that the individual received
property or services approximately equal to the equity value of the resource in
exchange for the resource, regardless of whether the property received in
exchange would be considered an excludable resource under
7 AAC 40.280;
(7) evidence that, if the transfer had not
occurred, the transferred resource would not have caused the assistance unit's
countable resources as determined under
7 AAC 45.270 -
7 AAC 40.290 to exceed the resource limit under
7 AAC 45.270 in the month following the
transfer;
(8) evidence that the
individual was not receiving assistance at the time of the transfer and did not
anticipate applying for assistance within the potential period of
disqualification under this section.
(b) A transfer is grounds for denial of
assistance under (a) of this section if the transfer is
(1) not one approved by the Social Security
Administration (SSA), or by the division under
7 AAC 40.290; and
(2) one that would make an applicant
ineligible for SSI benefits under
42 U.S.C.
1382 b(c), as revised as of December 14,
1999, which is adopted by reference.
(c) A transfer is not grounds for denial of
assistance under (a) of this section if the transfer is one that
(1) has been approved by the SSA or the
division; and
(2) as provided in
42 U.S.C.
1382 b(c), as revised as of December 14,
1999, would not make the applicant ineligible for assistance.
(d) The division will establish
the period for which assistance is denied under (a) of this section by
determining the uncompensated value of the resource disposed of and dividing
that amount by the amount of maximum monthly assistance payable under
7 AAC 40.370(c). The resulting
quotient, rounded, in case of a fraction, to the nearest whole number,
represents the number of months for which the applicant is ineligible for
assistance, up to a maximum of 36 months.
(e) For purposes of this section,
(1) "fair market value" of a resource means
the equity value that would be assigned to the resource if the resource were
available to the applicant in the month following the transfer of the
resource;
(2) "transfer" includes
assignment.
Authority:AS
47.05.010
AS 47.25.430
AS
47.25.460
