10 Colo. Code Regs. § 2506-1-4.408
Current through Register Vol. 47, No. 22, November 25, 2024
Section 10 CCR 2506-1-4.408 - [Effective until 1/4/2025] RESOURCE ELIGIBILITY STANDARDSA. 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, 2024, the resource limit for households that include a member who is aged sixty (60) and older and/or a person with a disability is four thousand and five hundred dollars ($4,500). The resource limit for households that do not include a member who is aged sixty (60) and older and/or a person with a disability is three thousand dollars ($3,000).
4.408.1Determining the Value of ResourcesThe 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.
4.408.2Transfer of ResourcesAt 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 |
37 CR 15, August 10, 2014, effective 9/1/201437 CR 21, November 10,2014, effective 12/1/201438 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 05, March 10, 2016, effective 4/1/201639 CR 07, April 10, 2016, effective 5/1/201639 CR 15, August 10, 2016, effective 9/1/201639 CR 17, September 10, 2016, effective 10/1/201639 CR 19, October 10, 2016, effective 11/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 11, June 10, 2017, effective 7/1/201740 CR 17, September 10, 2017, effective 10/1/201741 CR 15, August 10, 2018, effective 9/1/201840 CR 23, December 10, 2017, effective 12/30/201842 CR 01, January 10, 2019, effective 2/1/201942 CR 03, February 10, 2019, effective 3/15/201942 CR 17, September 10, 2019, effective 10/1/201942 CR 18, October 10, 2019, effective 10/1/201942 CR 23, December 10, 2019, effective 12/30/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 05, March 10, 2020, effective 2/7/202043 CR 07, April 10, 2020, effective 4/30/202043 CR 21, November 10, 2020, effective 11/30/202044 CR 21, November 10, 2021, effective 11/30/202145 CR 05, March 10, 2022, effective 3/30/202245 CR 19, October 10, 2022, effective 10/1/202245 CR 19, October 10, 2022, effective 11/1/202245 CR 21, November 10, 2022, effective 11/30/202246 CR 17, September 10, 2023, effective 9/30/202346 CR 19, October 10, 2023, effective 10/1/2023 exp. 1/6/2024 (Emergency)46 CR 21, November 10, 2023, effective 11/30/202347 CR 19, October 10, 2024, effective 10/1/2024, exp. 1/4/2025 (Emergency)