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Legal Services of North Dakota
SSI - How Do Transfer of Resources
Affect My Eligibility?




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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


May 2008
POMs SI 01150.110
POMs SI 01150.121
POMs SI 01150.125