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How Does a Transfer of Resources Affect Eligibility?
Property transferred by you, your spouse, or other co-owner on for less than fair market value could make you ineligible
for receiving SSI.
How Is the Penalty Determined?
On all transfers, there is a 36 month look-back period.
- This is 36 months before the date you filed an application for SSI.
If you are already receiving SSI, the 36 month look-back period starts
with the date the resources were transferred.
- Divide the total value of the transferred resources by the monthly
SSI benefit amount.
This amount in 2008 is $637 per month for an individual and $956 per month
for a couple.
The resulting amount, rounded to the nearest whole number, is the number
of months of ineligibility.
- The period of ineligibility begins on the first day of the month
following the month the transfer(s) were made.
- The period of ineligibility can last up to a maximum of 36 months.
It cannot exceed 36 months.
Are There [Other] Resources Which can Be Transferred
without a Period of Ineligibility?
A home transferred to:
a spouse;
a minor, blind, or disabled child;
a sibling who has an equity interest and who lived in the home at least
one year immediately before you became institutionalized;
an adult child who lived in the home for two years immediately before
you became institutionalized and who provided
care which permitted you to live at home.
- Resources to your spouse or to another person for the sole benefit
of your spouse.
- Resources from your spouse to another person for your sole benefit.
- Resources to your blind or disabled child or to a trust for the sole
benefit of your blind or disabled child.
- Resources transferred to a trust which was established on or after
January 1, 2000 if:
the resource is available under SSI trust rules;
the trust was established solely for the benefit of a disabled person
under age 65.
- Resources transferred for a reason other than to qualify for SSI.
- Resources if you can show you intended to transfer at fair market
value or denial would cause an undue hardship.
- Transferred resources which have been returned to you
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