Disqualifying Transfer of Assets 415-25-10-35

(Revised 11/02 ML #2829)

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Any household member who knowingly transfers a counted asset after the June 1 preceding the current heating season, for the purpose of qualifying, attempting to qualify, or continuing to qualify for heating assistance benefits shall be denied heating assistance benefits for the heating season.

 

It is important to distinguish between a legitimate "spend-down" of assets and actual transfer of ownership. Using assets to purchase needed items or to pay off bills would NOT be considered a disqualifying transfer. However, transferring ownership of the resource to another party in order to qualify for heating assistance would be a disqualifying transfer.

 

It must be established that the household member "knowingly" transferred assets with the "intent" of qualifying for heating assistance. Comparing the date of the transfer with the date of application may be some help in establishing "intent." However, there are no absolute time frames which can be used to clearly identify "intent" to qualify. For example, if a household requests information about the eligibility requirements of the program, then transfers ownership of assets to another party, and applies for heating assistance within a few months from the date of the transfer, "intent" is much more likely to exist. However, if a transfer was made two or three years before application was made or if a transfer had been made to provide funds for a special purpose such as education of a child or grandchild, "intent" clearly does not exist.