Disqualifying Transfers of Assets 400-19-55-05-35

(Revised 1/1/17 ML #3482)

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(N.D.A.C. 75-02-01.2-26)

 

The transfer of any property without adequate consideration is disqualifying if the transfer was for the purpose of becoming eligible or to remain eligible for TANF. The household’s intent, lapse of time between such transfer, and the date of TANF application are among the factors which must be evaluated. The 3 month period prior to the date of application must be reviewed for the occurrence of a transfer of assets. On-going cases must be periodically reviewed for a disqualifying transfer of assets.  

Note #1: A transfer of an exempt asset (See Section 400-19-55-05-30, Exempt Assets) is not considered a Disqualifying Transfer.

Note #2: Disqualifying Transfer of assets by individuals with participation codes of 'OU' (other than due to Pay After Performance), 'SS' and 'MP' are not considered disqualifying transfers.

 

If a transfer is determined to be disqualifying at time of application, the TANF household will be ineligible from receiving TANF benefits for a period beginning with the month of application. For on-going cases, the disqualification periods begins the month the transfer took place. The length of disqualification is as follows:

Amount in Excess of Asset Limit	Period of Disqualification
$ 0 through $249.99	1 month
$250 through $999.99	3 months
$1000 through $2999.99	6 months
$3000 through $4999.99	12 months

 

If the TANF 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 period if the transferred asset was owned solely by the departing household member. Effective the day following the day in which the individual left the TANF household, the disqualifying transfer will no longer affect the remaining household members.

 

If the transferred asset was jointly owned with any remaining member of the household, the disqualification period will continue as initially calculated.

 

If the household member who caused a disqualification moves to another TANF household, a new disqualification period must be calculated for the new household based on the remaining period of disqualification. The disqualification period for the new TANF household is effective the month following the month in which the individual entered the new household.

 

Household members who leave a disqualified household are no longer subject to the disqualification penalty if the departing member did not own the transferred asset.

 

Contact State TANF policy for assistance in processing disqualifying transfers for applications received on and after January 1, 2017.