415 TRANSFER OF PROPERTY (FAM)

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Assets include all types of income and resources from applicants or recipients of financial assistance. The policy on the transfer of property differs based on the type of assistance requested.

Evaluate asset transfers to determine if the individual received fair market value and if the resources were transferred for the purposes of qualifying for assistance.

Exception: Transfers by an applicant or recipient from a personal resource such as a checking or savings, in to an ABLE/STABLE-NH account to qualify for benefits are exempt from the evaluation process and penalty period. There is, however, no special treatment for contributions made to another person’s ABLE/STABLE-NH account. When an applicant or recipient contributes to another individual’s ABLE/STABLE-NH account and then applies for benefits for themselves, the contribution is considered an asset transfer.

Example: Debra transfers $5,000 from her personal checking account into her ABLE/STABLE-NH account. Debra’s personal countable resources are now reduced when determining her eligibility. An ABLE/STABLE-NH account is an excluded resource and excluded from the Transfer of Assets review. 

Example 2: Florence transfers $5,000 from her personal checking account into David’s ABLE/STABLE-NH account. Then applies for assistance. This transfer of assets must be accounted for when determining Florence’s eligibility.

References: He-W 601.05; He-W 620.01; RSA 167:4,I(a)-(b); RSA 167:7, IV; 42 USC 1382b