Administrative Code Provisions | Idaho Admin. Code r. 16.03.05.292 | 2018
A participant or spouse is not subject to the resource transfer period of ineligibility if one (1) of the following conditions is satisfied. Effective Date (3-15-02)
01. Home to Spouse. Title to the home is transferred solely to the spouse. Effective Date (3-15-02)
02. Home to Minor Child or Disabled Adult Child. Title to the home is transferred to the child of the participant or spouse. The child must be under age twenty-one (21), blind or totally disabled under Social Security and SSI rules in 20 CFR Part 416. Effective Date (3-15-02)
03. Home to Brother or Sister. Title to the home is transferred to a brother or sister of the participant or spouse who must have had an equity interest or life estate in the transferred home and was residing in that home for at least one (1) year immediately before the month the home was transferred. Effective Date (3-15-02)
04. Home to Adult Child. Title to the home was transferred to a son or daughter of the participant or spouse, other than a child under the age of twenty-one (21). The son or daughter must have resided in that home for at least two (2) years immediately before the month the participant entered a medical facility or long-term care. The son or daughter must have provided care to the participant, which permitted him to live at home rather than enter a medical facility or long-term care. Effective Date (3-15-02)
05. Benefit of Spouse. Resources, other than the home, were transferred to the participant's spouse or to another person for the sole benefit of the spouse. Effective Date (3-15-02)
06. Transfer from Spouse. The resources were transferred from the participant's spouse to another person for the sole benefit of the participant's spouse. Effective Date (3-15-02)
07. Transfer to Child. The resources were transferred to the participant's child or to a trust established solely for the benefit of the participant's child. The child must be blind or totally disabled under Social Security and SSI rules in 20 CFR Part 416. The child may be any age. Effective Date (3-15-02)
08. Transfer to Trust for Person Under Sixty-Five. The resources were transferred to a trust for the sole benefit of a person under age sixty-five (65), blind or totally disabled under Social Security and SSI rules in 20 CFR Part 416. The person must be blind or totally disabled under Social Security and SSI rules in 20 CFR Part 416. Effective Date (3-15-02)
09. Transfer to a Trust That Is a Countable Resource. The resources were transferred to a trust and the trust is a countable resource for AABD in the amount of the transfer. Effective Date (3-15-02)
10. Intent to Receive Fair Market Value. The participant or spouse proves he intended to dispose of the resources at fair market value or for other adequate consideration, but can prove good cause for not doing so. Effective Date (3-15-02)
11. Resources Returned. All resources transferred for less than fair market value have been returned to the participant. Effective Date (3-15-02)
12. No AABD Purpose. The participant or spouse proves the resources were transferred exclusively for a purpose other than qualifying for AABD. Purposes other than qualifying for AABD include: Effective Date (3-15-02)
a. After the resource transfer the participant has a traumatic onset of disability. Effective Date (3-15-02)
b. After the resource transfer a previously unknown disabling condition is diagnosed. Effective Date (3-15-02)
c. After the resource transfer the participant has an unexpected loss of income or resources resulting in eligibility for AABD. Effective Date (3-15-02)
d. The resource was excludable in the transfer month. Effective Date (3-15-02)
e. The transfer of resources was court-ordered, provided the participant did not petition the court to order the transfer. Effective Date (3-15-02)
f. The participant took a vow of poverty and gave the resources to a religious order. Effective Date (3-15-02)
13. Undue Hardship. The participant proves failure to receive AABD would deprive him of food or shelter and his total available funds, including income and liquid resources, are less than his AABD allowances for the month he claims undue hardship. Undue hardship must be proven for each month of the period of ineligibility.
When determining total available funds for a child, count any income and resources deemed from his parents. Effective Date (3-15-02)
14. Exception to Fair Market Value. The amount received is reasonable, even if less than fair market value if a forced sale was done under reasonable circumstances, and little or no market demand exists for the type of resource transferred, or the resource was transferred to settle a legal debt approximately equal to the fair market value of the transferred resource. Effective Date (3-15-02)
15. No Benefit to Participant. The participant received no benefit from the resource because he or the spouse held title to the property only as a trustee for another person, or the transfer was done to clear title to property and the participant or spouse had no interest in the property that would benefit him. Effective Date (3-15-02)
16. Fraud Victim. The resource was transferred because the participant or spouse was the victim of fraud, misrepresentation, or coercion. The participant or spouse must take all possible steps to recover the resources or property or its equivalent in damages. The participant must assign recovery rights to the state of Idaho. Effective Date (3-15-02)