Code of Colorado Regulations
2500 - Department of Human Services
2506 - Supplemental Nutrition Assistance Program (SNAP)
10 CCR 2506-1 - RULE MANUAL VOLUME 4, SNAP
Section 10 CCR 2506-1-4.408 - RESOURCE ELIGIBILITY STANDARDS

Universal Citation: 10 CO Code Regs 2506-1, ยง 4.408

Current through Register Vol. 47, No. 17, September 10, 2024

A. The local office shall consider households eligible under either expanded or basic categorical eligibility exempt from the resource eligibility criteria of this section.

B. Households that do not meet expanded or basic categorical eligibility criteria shall have their nonexempt resources, as anticipated to be available in the issuance month, used to determine household eligibility.

The resources of a sponsor and spouse considered toward a non-citizen household shall be the sponsor's total resources less two thousand dollars ($2,000).

C. The value of liquid resources, as declared by the household, shall be utilized in the determination of expedited eligibility for all applicant households.

D. As a result of the Food, Conservation and Energy Act of 2008, adjustments to the SNAP resource limit will be subject to change annually according to the Consumer Price Index. There are currently two (2) resource limits:

1. One established for households that do contain a member who is aged sixty (60) and older and/or a person with a disability; and,

2. Another established for households that do not contain a member who is aged sixty (60) and older and/or a person with a disability.

E. The resource limits are as follows:

Effective October 1, 2023, the resource limit for households that do contain a member who is aged sixty (60) and older and/or a person with a disability is four thousand two hundred and fifty dollars ($4,250). The resource limit for households that do not contain a member who is aged sixty (60) and older and/or a person with a disability is two thousand seven hundred and fifty dollars ($2,750).

4.408.1 Determining the Value of Resources

The value of nonexempt household resources at the application filing date must be determined from applicant statements, documents, and/or from collateral contacts when household assessment is uncertain or questionable.

A. Valuation of Liquid Resources

The value of liquid resources is the current redemption rate less encumbrances.

B. Valuation of Non-Liquid Resources

Except for real property, non-exempt non-liquid resources shall have a fair market value as determined from the best source available (such as, but not limited to, blue book, local dealer, or equivalent verifiable Internet web site) less verified encumbrances. If warranted, the eligibility technician worker should adjust the market value for poor or unusable condition of the property before assigning a resource value. The eligibility technician worker shall annotate the case record to show source and computation used to determine resource value.

The value of real property, such as buildings, land, or vacation property, unless exempt as income producing, may be obtained by using the actual value reported by a county assessor or, if not reported, the current assessed valuation, accomplished in accordance with state law, and dividing the value by the appropriate percentage rate of assessment for real property to derive fair market value and subtracting the amount the household currently owes on the property.

4.408.2 Transfer of Resources

At the time of application, households not eligible under expanded or basic categorical eligibility rules shall be asked to provide information regarding any resources which any household member, ineligible non-citizen, or disqualified person whose resources are being considered available to the household has transferred within the three (3) month period immediately preceding the date of application. Households that have transferred resources knowingly for the purpose of qualifying or attempting to qualify for SNAP benefits shall be disqualified from participation in the program for up to one (1) year from the date of discovery of the transfer. This disqualification period shall be applied if the resources are transferred knowingly in the three (3) month period prior to application, or if they are transferred knowingly after the household is determined eligible for benefits.

A. Eligibility for the program shall not be affected by the following transfers:
1. Resources that would not otherwise affect eligibility, such as resources consisting of excluded person property such as furniture, or of money that when added to other household resources, totaled less at the time of the transfer than the allowable resource limits.

2. Resources that are sold or traded at, or near, fair market value.

3. Resources that are transferred between members of the same household including ineligible non-citizens or disqualified individuals whose resources are being considered available to the household.

4. Resources that are transferred for reasons other than qualifying or attempting to qualify for SNAP benefits, for example a parent placing funds into an educational trust fund.

B. In the event the local office establishes that an applicant household knowingly transferred resources for the purpose of qualifying or attempting to qualify for SNAP, the household shall be sent 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, a notice of adverse action explaining the reason for and the length of disqualification shall be sent. The period of disqualification shall be made effective with the first allotment to be issued after the notice of adverse action has expired unless the household has requested a fair hearing and continued benefits.

The length of the disqualification period shall be based on the amount by which nonexempt transferred resources, when added to other countable resources, exceed the allowable resource limits.

C. The following chart shall be used to determine the period of disqualification for transfer of resources.

Amount in Excess of the Resource Limit

Period of Disqualification

$1 to $249

1 month

$250 to $999

3 months

$1,000 to $2,999

6 months

$3,000 to $4,999

9 months

$5,000

12 months

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