7 AAC 45.307. Disqualification based on transfer of resources

(a) If an adult in an assistance unit transfers an asset at less than fair market value within three months before an application for assistance is submitted or while the unit is receiving assistance, there is a rebuttable presumption that the transfer was made intentionally and for the purpose of qualifying for assistance. The individual who made the transfer may rebut the presumed intent and purpose of the transfer by providing evidence that the transfer was made unintentionally or for a different purpose. Evidence to support a determination that the individual made the transfer unintentionally or for a different purpose may include

(1) documents or testimony establishing that the transfer was made to settle a legally enforceable debt approximately equal to the equity value of the resource;

(2) documents establishing that the transfer was required by a court or an administrative agency empowered to require the transfer of property;

(3) documents establishing that the individual was a victim of theft, fraud, or coercion; the transfer was made as a result of the theft, fraud, or coercion; and the individual has taken appropriate steps to recover the resource or the equity value of the resource;

(4) evidence that the individual did not believe the transfer would affect the eligibility of the assistance unit;

(5) evidence that the individual believed the compensation received was approximately equal to the equity value of the resource;

(6) evidence that the individual received property or services approximately equal to the equity value of the resource in exchange for the resource, regardless of whether the property received in exchange would be considered an available nonexempt resource under 7 AAC 45.310;

(7) evidence that, if the transfer had not occurred, the transferred resource would not have caused the assistance unit's countable resources as determined under 7 AAC 45.310 to exceed the resource limit under 7 AAC 45.280 in the month following the transfer; or

(8) evidence that the individual was not receiving assistance at the time of the transfer and did not anticipate applying for assistance within the potential period of disqualification under AS 47.27.015 (d).

(b) For purposes of this section and AS 47.27.015 (d), "fair market value" of a resource means the equity value that would be assigned to the resource under 7 AAC 45.310 if the resource were available to the assistance unit in the month following the transfer of the resource.

History: Eff. 2/27/97, Register 141; am 10/1/97, Register 143

Authority: AS 47.05.010

AS 47.27.005

AS 47.27.015

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