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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE TRANSFERS 11/18 CHAPTER G PAGE 29  Relevant documentary evidence (e.g., legal documents, real estate agreements, relevant correspondence, medical reports, etc.).  Obtain signed statements from other individuals if material to the decision. 17.7. Examples—Rebuttal Determination Example 1: Ms. Berry has resided in an ALF since 8/14/16. She owns a home which has continued to be excluded because she expressed intent to return to the home. On 7/27/18 she deeds the home to her son. After discussing the transfer with Ms. Berry and her son, the worker learns that Ms. Berry had decided on 7/5/18 that she would never return to her home. The worker determines that this transfer does not meet any of the “transfer of a home” exceptions. In considering whether the transfer was for a purpose other than to preserve AG eligibility, the worker develops the issue of “intent to return”. The worker determines that Ms. Berry no longer intended to return home as of 7/5/18. Therefore, the home was not an excluded resource at the time Ms. Berry transferred ownership. This factor must be considered when the worker determines whether Ms. Berry transferred her home exclusively for a purpose other than to preserve AG eligibility.

18. Transferred Resources Returned To The Individual Exception The period of ineligibility for transferring a resource at less than fair market value does not apply to an individual if the entire resource is returned to the individual within the month of transfer. Return of the entire resource in a subsequent month or return of a portion of the resource requires that the period of ineligibility be reevaluated. 18.1. Entire Resource Returned In Same Month If the individual transfers a resource and the entire resource is returned in the same month, the period of ineligibility does not apply. To meet this exception, the individual must reacquire the same percentage of ownership interest in the resource that existed prior to the original transfer. Reacquiring a lower ownership interest is not sufficient to meet this exception nor is reacquiring physical possession of the resource. It is necessary to reacquire legal ownership. If the entire resource was returned in the same month as the transfer, process the case as if no transfer has occurred. Note: The return of the resource to the individual is not counted as income to the individual.