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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 34 • Significant hardship may result from the conditions required for selling or revoking a contract. Significant hardship means an unrealistic demand on the buyer; e.g., having to move out of state. • Contractual terms may require mutual consent of buyer and seller in order to sell or revoke a contract. If the seller will not consent, or will consent only under conditions that would pose a significant hardship to the buyer, the contract is not a resource. Obtain verification that the seller is unwilling to sell. If a condition creating hardship or some other obstacle to liquidation is not evident on the face of the contract, assume it is revocable or salable and, therefore, a resource. The burden is on the applicant/recipient to provide evidence to the contrary. 17.4. Value If a burial contract is a resource, its value is: • The amount payable to the owner upon revocation; or • If the contract is not revocable but is salable, it’s CMV. 17.4.1. Rebuttal If the individual disagrees with this assumption, he or she can rebut it with an estimate from a disinterested knowledgeable source such as the State Funeral Directors Association or a local funeral director. 17.5. Relationship To The Burial Space And Burial Fund Exclusions 17.5.1. Revocable Or Salable • Apply the Burial Space Exclusion as appropriate. See Burial Spaces Chapter E -19. • Apply the Burial Fund Exclusion as appropriate. See Burial Funds Chapter E - 17. 17.5.2. Irrevocable And Not Salable The value of all burial fund items in the contract must be used to reduce the maximum Burial Fund Exclusion. See Burial Funds Chapter E - 17. 17.6. Verification Obtain a copy of the contract.