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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE TRANSFERS 11/18 CHAPTER G PAGE 20 Note: The Undue Hardship exclusion is developed only if the individual has a period of ineligibility due to a resource transfer and does not meet one of the other exceptions. See Chapter G – 21.

14. Transfer To A Trust Exceptions The period of ineligibility for transferring a resource at less than fair market value does not apply to an individual in the following situations. 14.1. The Trust Is A Countable Resource The period of ineligibility does not apply to an individual who transfers resources to a trust if either of the following is true:  The trust has been evaluated under Trust Type A or Trust Type B, as appropriate, and the portion of the trust to which the resources were transferred is a countable resource to the individual or  The trust would be considered a countable resource but was excluded under the trust undue hardship provision. 14.2. Transfers To A Trust For Disabled Or Blind Child The period of ineligibility does not apply to an individual who transfers a resource to a trust established for the sole benefit of the individual's child of any age who is blind or disabled. Child means biological child, adopted child, or stepchild of any age and of any marital status. 14.2.1. Sole Benefit A transfer is considered to be for the sole benefit of a child if the transfer is arranged so that no other person or entity can benefit from the transferred resources at the time of the transfer or for the remainder of the child's life. A transfer is considered “for the sole benefit” of a child only if established using a written agreement that legally binds the parties and clearly expresses that the transfer is for the sole benefit of the child. Without such a document, a transfer cannot be determined to be for the sole benefit of the child.