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When it is established that the a/r has a sanction period due to a non-allowable transfer, notify the a/r of the sanction period. The a/r may rebut the value of the transferred resource or that the transfer was made exclusively to qualify for SA. This may be done at application, redetermination, change in situation, or through the fair hearing process.
A. Applications
1. Use the DMA-5097, Request for Information, to notify the applicant:
a. He is ineligible for SA due to transfer of resources without receiving adequate compensation.
b. The transfers considered, the sanction period, and the right to rebut the presumption and provide evidence to prove the transfer was made exclusively for a purpose other than establishing eligibility. Refer to SA-3200, Resources, for rebuttal requirements.
2. Pend the application to allow the applicant an opportunity for rebuttal. If the a/r states he does not rebut the sanction, or if the evidence does not establish an allowable transfer, deny the SA application.
B. Ongoing Cases
Upon learning of a non-allowable transfer and determining the sanction period, send a timely notice to propose termination for transfer of assets. Advise the recipient of the sanction period. Refer the case to the local dss Program Integrity staff if it is determined an overpayment has occurred due to unreported resources or transfer of resources.
C. Hearing Process
The a/r has the right to a hearing if he disagrees with the transfer sanction. Refer to SA-3340, Hearings, regarding the hearing process.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office.
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