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the post-eligibility treatment of income process in Part 8 of this Subchapter, additional joint resources may be allocated from the LTSS applicant/beneficiary to the non-LTSS spouse to make up the difference. 6. Spousal transfers – An LTSS beneficiary has ninety (90) days from the date of the eligibility determination to transfer any resources necessary into the non-LTSS spouse’s name. After the initial ninety (90) day period is over, the State counts all resources that remain in the LTSS applicant/beneficiary's name in determining Medicaid LTSS eligibility. The State may extend the ninety (90) day period if any of the following conditions exist: a. Legal action. A court is involved in assigning the couple’s property through support actions; b. Appeal pending. An appeal of the CSRA has been filed and a decision has not been rendered; or c. Change in competency. The condition of the LTSS beneficiary requires the appointment of a conservator or guardian to act on his or her behalf. 7. Annual increases – The maximum amount of resources available under the Community Spouse Resource Standard for a non-LTSS spouse is increased annually on July 1 by the Federal government. No notice is required in conjunction with this adjustment unless the eligibility of the LTSS beneficiary is adversely affected. E. In instances in which the total countable resources of a couple are increased as the result of the sale or divestiture of an excluded resource, the assets are allocated equally to each spouse unless otherwise noted in the sales or divestiture agreement. F. Under Rhode Island law, the rights to spousal support are automatically assigned to the State upon application for and receipt of Medicaid. Accordingly, the CSRA process differs somewhat when spouses are estranged or the non-LTSS spouse refuses to make all or a portion of a couple’s joint resources available, as follows: 1. Estrangement – “Estrangement” means a breakdown to the point that the spouses would not be living together if one (1) was not receiving LTSS, whether in a health institution or the home and community-based setting. If the LTSS applicant is estranged from the non-LTSS spouse, eligibility is not denied due to excess resources or failure to cooperate if the applicant is able to demonstrate any of the following forms of hardship: a. Information unavailable. The LTSS applicant cannot obtain required information about the non-LTSS spouse’s resources after exploring all legal means.