§ 177.25. Disposition of property.
(a) General. The disposal of exempt or nonexempt property by its owner, whether or not the owner is an applicant or recipient, may affect the eligibility of the owner’s spouse and his minor children when they are living with the owner. Disposal may be accomplished by a transfer of title, sale or exchange of property, by diminishing the value of an interest through the placing of an encumbrance or by adding a person to the title. The proceeds from the sale or exchange of exempt or nonexempt property during the month of application or following authorization of assistance are counted against the resource limits found in § 177.31 (relating to resource limit).
(b) Exempt personal property. The sale or transfer of exempt personal property shall be reported, and the value received is used to determine eligibility under § 177.31.
(c) Real property and nonexempt personal property. The intended sale or transfer of real property or nonexempt personal property shall be reported prior to the sale or transfer. Even though there may be an acknowledgement of liability for reimbursement, the rights of the Commonwealth may be affected if ownership of the property is transferred. The value received for nonresident real property and nonexempt personal property is used to determine eligibility under § 177.31.
(d) Conversion of excess resources into exempt resources. Excess resources within a budget month result in ineligibility for assistance for that month even if the excess resources are converted to an exempt type of resource during the same month.
Authority The provisions of this § 177.25 issued under section 403(b) of the Public Welfare Code (62 P. S. § 403(b)).
Source The provisions of this § 177.25 adopted August 26, 1988, effective November 1, 1988, 18 Pa.B. 3893.
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