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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 21 Note: This exception does not apply until the individual has qualified for and received nine months of conditional benefits. 10.1. Exclusion Real property that an individual has made reasonable but unsuccessful efforts to sell throughout a 9-month period of conditional benefits will continue to be excluded in determining eligibility for regular AG benefits for as long as: • The individual continues to make reasonable efforts to sell it; and • Including the property as a countable resource would result in a determination of excess resources. 10.2. Conditional Benefits Overpayment If the individual qualifies for this reasonable effort to sell exclusion, repayment of the conditional benefits overpayment is postponed until the property is sold. If the property is later sold, benefits paid during the 9-month conditional benefits period are subject to recovery as overpayments. The overpayment must be computed using the procedures in Conditional Benefits Overpayment Chapter F – 12. Regular AG benefits paid as a result of this exclusion are not subject to recovery as overpayments of conditional benefits. 10.3. No Resumption of the Exclusion after Termination of Eligibility If eligibility is terminated for any reason, this exclusion will not resume upon a new application for benefits. Before the property can again be excluded under this provision, the individual must make reasonable but unsuccessful efforts to sell it throughout a new 9-month period of conditional benefits. 10.4. Explanation of Exclusion When an individual has made reasonable but unsuccessful efforts to sell property throughout a 9-month period of conditional benefits, explain that: • The property will continue to be excluded for as long as reasonable efforts to sell it continues and counting it would cause resources to exceed the AG resource limit; • The worker will continue to make periodic follow-up contacts and to request evidence of ongoing reasonable efforts to sell; and