TN 40 (01-24)

SI 01150.123 Exceptions — Non-Home Transfers to Certain Family Members

A. Policy — Exception for non-home transfers to certain family members

The period of ineligibility for transferring a non-home resource at less than fair market value does not apply if the resource was transferred to:

  • the transferor's spouse (including a separated spouse); or

  • another person for the sole benefit of the transferor's spouse; or

  • the transferor's child of any age who is blind or disabled.

NOTE: The period of ineligibility also does not apply if the resource is first transferred to the transferor's spouse and the spouse subsequently transfers it to another individual for the sole benefit of the spouse.

B. Procedure — Documenting the exception

Follow this procedure to develop whether one of the above exceptions applies.

1. Evidence

  • Verify that the resource was transferred, to whom, the amount of compensation if any, and the date of transfer using the individual's statement either signed or recorded on a Report of Contact page, and appropriate documents (e.g., sales agreement or any other document that verifies change of ownership).

  • Verify using any appropriate document the relationship of the transferor to the individual getting the resource (spouse, child). Information on the SSR, MBR, or Numident may be used.

  • As needed, verify that the transfer was for the sole benefit of the transferor's spouse by obtaining a copy of the legally binding written document per SI 01150.120C. Allegations on SSA-795s by both parties are not sufficient.

  • As needed, verify that the child to whom the resource was transferred meets the SSI requirements for blindness or disability. (See SI 01150.121D)

2. Making the Determination

  • Determine whether one of the exceptions apply.

  • If one of these exceptions applies, do not apply a period of ineligibility and process the case normally.

  • Document the file with the adjudicator's determination. For example “Parcel of land transferred on 2/5/00. Meets exception for transfer of non-home resource per SI 01150.123. Period of ineligibility does not apply.”

3. Systems Input

  • Record the evidence used to verify these issues on the EVID screen on the Shared Processes Menu (MSOM EVID 001.001 ).

  • Record the determination on systems using the File Documentation Notes section of the Property/Cash Given or Sold page or the Report of Contact page (MS 08122.010). On non-systems cases, use a Report of Contact.

4. Medicaid Notification

Notify the State Medicaid agency about the transferred resource unless the SSI claim is denied (SI 01150.012).

C. References

Sole benefit, SI 01150.120

Blind/disabled requirements for transfer exceptions, SI 01150.121

Notifying State Medicaid agency, SI 01150.012

Report of Contact, MS 08122.010

Evidence screen, MSOM EVID 001.001

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SI 01150.123 - Exceptions — Non-Home Transfers to Certain Family Members - 01/11/2024
Batch run: 01/11/2024