Ariz. Admin. Code § 6-12-405

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-12-405 - Resource Transfers; Limitations

A. An assistance unit member or the parent of a dependent child in the assistance unit shall not transfer a resource with the intent to qualify or attempt to qualify for CA within one year prior to application or while receiving assistance, unless fair consideration was received.

B. Except as otherwise provided in this Section, when an assistance unit member or the parent of a dependent child in the assistance unit does not receive fair consideration for a transferred resource (an improper transfer), the assistance unit shall be ineligible for CA.

1. The period of ineligibility shall begin in the month in which the transaction occurred.

2. The Department shall compute the duration of ineligibility by subtracting the consideration actually received, from the equity value of the transferred resource, and dividing that sum by the monthly need standard for the assistance unit. The resulting number shall be the number of months the unit is ineligible.

C. An improper transfer shall not affect eligibility when the equity value of the transferred resource, plus the value of the unit's other available resources, does not exceed the resource limitation.

D. The improper transfer of homestead property shall not affect eligibility if the property was transferred because the person cannot continue residing in the home for health reasons, as determined by a competent medical authority.

E. If an assistance unit member or the parent of a dependent child in the assistance unit disposes of homestead property, the Department shall count, as a resource, all proceeds of the sale not reinvested in homestead property, when the assistance unit member:

1. Invests the proceeds in a resource other than homestead property,

2. Advises the Department that such proceeds will not be reinvested in other homestead property, or

3. Fails to purchase new homestead property within 90 days of the date of sale.

Ariz. Admin. Code § R6-12-405

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).