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o Aid to Families with Dependent Children; o Medicaid; o SNAP; or o Supplemental Security Income. • Causing a beneficiary of the decedent’s estate who is currently eligible for public assistance to remain dependent on that public assistance. • The complete loss of an income-producing asset or assets when the: o Beneficiary of the decedent’s estate has no other source of income; and o Beneficiary’s income does not exceed one hundred percent (100%) of the poverty level as determined annually by the U.S. Department of Health and Human Services. • Other compelling circumstances described by the applicant, as determined on a case-by- case basis by the office.

An undue hardship does not exist in circumstances where the state's recovery simply results in a loss of a preexisting standard of living or the loss of an expectation of an inheritance. 12 If the applicant indicates that they may be eligible for an undue hardship waiver, the application must be sent to the following: Medicaid Estate Recovery Program Indiana Family and Social Services Administration 402 W. Washington St., W451 MS27 Indianapolis, IN 46204 If the applicant specifies hardship category under 405 IAC 2-8-2(b)(1), the applicant must provide proof to the Medicaid Estate Recovery Unit that the applicant would be eligible for TANF, Medicaid, SNAP, or SSI if they lose access to the asset(s) in the deceased recipient's estate. The Medicaid Estate Recovery Analyst’s determination must show the eligibility result as if the applicant owned the asset and as if they did not own it. Example: A member and non-disabled son live together on a farm. The son works on the farm, and the member shares the farm income with their son. The property is in the members’ name only and when the member dies, the property becomes subject to estate recovery. The son, who is beneficiary of the estate, applies for an undue hardship waiver claiming that without the income from the property, the son will become eligible for public assistance benefits. The Medicaid Estate Recovery Unit must review the documents to see if the son would be eligible for public assistance benefits. (The son does not need to file an application). The Medicaid Estate Recovery Analyst determines that if the son were to own the farm, they would not be eligible for public assistance benefits due to the income they would have from the farm. Without the farm and its income, the son would meet public assistance benefits eligibility requirements. Therefore, if the FSSA enforces its claim against the estate, the child will become eligible for public assistance benefits.