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CalWORKs Policy - Department of Public Social Services

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property/resource limit.<br />

See FS 63-501.1 Resource Determination for<br />

more information.<br />

CW 42-221 – Transferring<br />

Property<br />

Is there a period <strong>of</strong> ineligibility when an<br />

applicant transfers property to qualify for<br />

aid?<br />

No, the transfer <strong>of</strong> property rules does not apply<br />

to applicant families.<br />

Can a participant sell or give away property?<br />

Yes, the receipt <strong>of</strong> <strong>CalWORKs</strong> does not limit or<br />

restrict a participant’s right to give, receive, sell,<br />

exchange or change the form <strong>of</strong> property.<br />

See Sanctions/Penalties/POI for LEADER<br />

procedures.<br />

Does a Period <strong>of</strong> Ineligibility (POI) exist<br />

when property is sold, transferred or given<br />

away for less than fair market value (FMV)?<br />

Yes, a POI is applied when the participant/AU<br />

gives away or transfers, for less than FMV,<br />

nonexcluded property (including cash) to<br />

become eligible for cash aid.<br />

How is the POI determined when the<br />

participant sold the property for less than<br />

the FMV?<br />

The POI is computed based on the amount that<br />

is added to other countable property and<br />

exceeds the property limit if the property had<br />

been transferred at the FMV.<br />

EXAMPLE<br />

While on aid, a participant/AU <strong>of</strong> two persons<br />

inherits a parcel <strong>of</strong> real property with a FMV <strong>of</strong><br />

$1,400. The value <strong>of</strong> this inherited property,<br />

when added to other ($l,400) countable<br />

property held by the AU, causes the AU to<br />

exceed the allowable property limit. The AU<br />

sells the parcel for $100 ($1,300 less than the<br />

FMV).<br />

FMV <strong>of</strong> the parcel <strong>of</strong> real property $1,400

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