Rule 37.76.122 - FOOD STAMPS, TRANSFER OF RESOURCES(1) Households which have knowingly transferred resources for less than fair market value for the purpose of qualifying or attempting to qualify for food stamps shall be disqualified from receiving food stamps for a period of time determined in accordance with (4). (a) This disqualification period shall apply only to transfers made in the 3-month period immediately preceding application or after the household is determined eligible for food stamps.(b) There shall be no disqualification period if a transfer was made for a reason other than to qualify for food stamps, even if qualifying for food stamps was also one reason or the primary reason for the transfer.(c) This transfer rule shall apply to transfers by any household member or by any ineligible alien or disqualified person whose resources are considered available to the household.(2) Households applying for food stamps must provide to the department information regarding any resource which any household member or ineligible alien or disqualified person whose resources are considered available to the household has transferred within the 3-month period immediately preceding application. A household which has already been certified to receive food stamps must provide to the department information regarding any such transfer which occurs during their certification period.(3) Eligibility for food stamps shall not be affected by the following transfers: (a) transfers where fair market value or value near fair market value is received for the property; (i) value within 5% of the fair market value shall be considered to be near fair market value;(b) transfers which would not affect eligibility, including: (i) transfers of excluded resources;(ii) transfers of non-excluded resources that, when added to other non-excluded resources of the household, had a value at the time of transfer of less than the allowable resource limit; and(iii) transfers between members of the household, including ineligible aliens or disqualified persons whose resources are considered available to the household.(4) The length of the disqualification period shall be based on the amount by which the transferred resource, when added to the other non-excluded resources of the household, exceeds the allowable resource limit, in accordance with the following table: Amount in Excess of | Period of Disqualification |
Resource Limit | (months) |
$0 to 249.99......................................................................................... | 1 |
$250 to 999.99..................................................................................... | 3 |
$1,000 to 2,999.99.............................................................................. | 6 |
$3,000 to 4,999.99.............................................................................. | 9 |
$5,000 or more................................................................................... | 12 |
(5) Any transfer for less than fair market value or a value near fair market value which is not exempted by (3) (b) (i) through (iii) and which is made within the 3-month period immediately preceding application or after a determination of eligibility has been made shall raise a rebuttable presumption that the transfer was made for the purpose of qualifying for food stamps; provided, however, that this presumption shall not apply if the food stamp applicant or recipient states a reason for the transfer other than to qualify or continue to qualify for food stamps and supports the statement with clear and convincing evidence. (a) Whenever the department determines that such a transfer has occurred, it shall send a written notice to the applicant or recipient prior to making a determination of eligibility or ineligibility explaining the household's right to rebut the presumption.(b) The household shall have 10 days from the date of mailing of the written notice required by (5) (a) to provide the department with clear and convincing evidence that the transfer was for a reason other than to qualify or attempt to qualify for food stamps.(c) The determination of whether a disqualifying transfer has occurred shall be based on all facts and circumstances known to the department, including: (i) the reason stated by the applicant or recipient for the transfer;(ii) the household's attempts, if any, to transfer the property at or near fair market value and/or the reason the household accepted less than fair market value;(iii) evidence that the household did receive an amount of compensation equal to or near fair market value;(d) The presence of one or more of the following factors, while not necessarily conclusive, may indicate that the property was transferred for some purpose other than to qualify or continue to qualify for food stamps: (i) the occurrence or onset of an unexpected event or condition after the transfer which necessitates application for food stamps;(ii) the transfer was ordered by a court of law based upon statute, regulation, a bona fide condition of settlement or other legal requirement;(iii) the transfer occurred as a result of fraud, misrepresentation, or coercion perpetrated upon the person who transferred the property, provided that person has taken all reasonable steps, including legal action, to recover such property or obtain fair compensation for it.(e) If the household fails to rebut the presumption as required in (5) (b), the household shall be disqualified for a period of time in accordance with (4).(6) If the department determines that a disqualifying transfer has occurred, it shall send a written notice to the household as follows: (a) A household already receiving food stamps at the time the transfer is discovered shall be sent a notice of adverse action explaining the reason for the disqualification and its length. The disqualification shall be effective with the first allotment to be issued after the notice of adverse action period has expired, unless the household has requested continuation of benefits pending a fair hearing.(b) An applicant household shall be sent a denial of eligibility explaining the reason for the denial and the length of the disqualification. The disqualification shall begin in the month of application.Mont. Admin. r. 37.76.122
NEW, 1991 MAR p. 1020, Eff. 6/28/91; TRANS, from SRS, 2000 MAR p. 3555.Sec. 53-2-201, MCA; IMP, Sec. 53-2-201, MCA;