TN 9 (10-18)

PS 01820.053 Washington

A. PS 18-087 Age of Majority for the Uniform Transfers to Minors Act in Washington

DATE: May 15, 2018

1. SYLLABUS

This Regional Chief Counsel (RCC) opinion examines the following question: Under the Washington Uniform Transfers to Minors Act (UTMA), at what age will the claimant’s UTMA investment account (Vanguard Account) be countable as either income or a resource for Supplemental Security Income (SSI) purposes? The RCC concludes that under Washington law, UTMA property transferred by irrevocable gift is held by a custodian until the minor reaches age 21. Thus, the agency should not count the Vanguard Account as income or as a resource for SSI eligibility until the claimant reaches age 21.

2. OPINION

QUESTION PRESENTED

Under the Washington Uniform Transfers to Minors Act (UTMA), at what age will the claimant’s UTMA investment account (Vanguard Account) be countable as either income or a resource for Supplemental Security Income (SSI) purposes?

BRIEF ANSWER

Once the claimant turns 21. Claimant’s Vanguard Account was transferred by irrevocable gift under the UTMA. Under Washington law, UTMA property transferred by irrevocable gift is held by a custodian until the minor reaches age 21. Thus, the agency should not count the Vanguard Account as income or as a resource for SSI eligibility until the claimant reaches age 21.

SUMMARY OF FACTS

The claimant received an irrevocable gift of the Vanguard Account from a living individual in 1998. Shortly after the claimant turned 18, she applied for, and SSA granted, SSI. Claimant received SSI benefits for nearly two years, until SSA became aware of the Vanguard Account.

Soon thereafter, SSA suspended claimant’s benefits and demanded a return of the prior benefits. The agency reasoned that the Vanguard Account was a countable resource. SSA based that determination on POMS SI SEA 01120.205, which identifies the age of majority for UTMA property in Washington, and thus the age at which it could count as income or as a resource, as 18.[1] Claimant sought reconsideration.

ANALYSIS

  1. a. 

    Relevant Authority

    The Uniform Transfers to Minors Act (UTMA) permits the property of a minor to be held by a custodian until that minor reaches a designated age of majority. 39 Am. Jur. 2d Guardian and Ward § 104 (2018). When such a transfer occurs, the minor lacks ownership rights over the property. Id. Once the minor reaches the age of majority, the minor assumes ownership rights. Id.

    To be eligible for SSI, the dollar value of a claimant’s countable resources or income cannot exceed certain statutory limits. 42 U.S.C. § 1382(a)(1)(A), (B) & (3)(B); 20 C.F.R. §§ 416.202(d), 416.1201, 416.1205; accord POMS SI 01110.003(A). Under agency policy, property transferred to a minor pursuant to the UTMA is neither income nor a resource until the minor reaches the age of majority as defined by state law. See POMS SI 01120.205C, D.

    In Washington, the age of majority for property transferred under the UTMA depends on how the property was transferred to the minor. Wash. Rev. Code § 11.114.200. For property transferred by irrevocable gift or by will or trust, the age of majority is 21. Id., §§ 11.114.040, 11.114.50, 11.114.200(1)(a). For property transferred without a will or trust, the age of majority is 18. Id., §§ 11.114.060, 11.114.200(1)(b). The age of majority is also 18 for property transferred by a person who holds property for, or owes a debt to, a minor without a guardian. Id., §§ 11.114.070, 11.114.200(1)(b). Notably, the age of majority may be extended up to 25 years of age in Washington, if certain criteria are met, including that the transfer creating the custodianship occurred on or after July 1, 2007. Id., § 11.114.200(2), (3).

  2. b. 

    Application of Authority

    A living individual transferred the Vanguard Account funds to a custodian as an irrevocable gift for the benefit of the claimant. Accordingly, the age of majority for this account under Washington state law is 21.[2] Wash. Rev. Code. §§ 11.114.040, 11.114.200(1)(a). The agency should not count the Vanguard Account as income or as a resource for SSI eligibility until the claimant reaches age 21.

CONCLUSION

Claimant’s Vanguard Account funds were transferred by irrevocable gift under the UTMA. Under Washington law, UTMA property transferred by irrevocable gift is held in custody until the minor reaches age 21. Thus, the agency should not count the Vanguard Account funds as income or as a resource for SSI eligibility until the claimant reaches age 21.


Footnotes:

[1]

POMS SI 01120.205 has since been updated to reflect that in Washington State, the age of majority for UTMA/UGMA property ranges from 18 to 21 years of age, and may extend to 25 years of age.

[2]

The transfer creating the custodianship here occurred in 1998 and no indication exists that the transferor intended the age of majority to be 25. In fact, the claimant asserts that 21 is the correct age of majority.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/1601820053
PS 01820.053 - Washington - 10/23/2018
Batch run: 10/23/2018
Rev:10/23/2018