Page 39
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE TRANSFERS 11/18 CHAPTER G PAGE 36 Undue hardship must be considered if the individual has transferred a resource for less than current market value and none of the other exceptions to the period of ineligibility apply. Send the individual a Transfer of Resource Notice to explain to him/her that benefits may be payable based on undue hardship. Allow the individual 10 days to respond. If the individual alleges undue hardship, make a determination and document the file. If the individual does not allege undue hardship, a determination is not required. Document the file and impose the period of ineligibility. 21.2. Undue Hardship Alleged Obtain the individual's signed statement. The statement should cover the month of application through the processing month and the following 6 months. The statement should include the individual's allegation that: Lack of AG payments would cause loss of food or shelter; The individual expects to be under the total available funds limit for the next 6 months (if the period of ineligibility extends for 6 months or longer and the individual claims undue hardship for the future months); The individual agrees to report promptly any changes in income and resources; and The individual understands that he/she may be overpaid if the total available resources exceed the limit for undue hardship for any month. (Repayment would be pursued for this type of overpayment. See Volume II, Part I, Chapter G, 3.) Note: If the individual alleges that, other income is expected sooner than 6 months, set a special review to contact the individual in the month the other income is expected. 21.3. Verification Of Loss 21.3.1. Loss Of Food Absent evidence to the contrary, accept the individual’s statement that he/she will lose food. 21.3.2. Loss Of Shelter For purposes of this provision, an individual would be deprived of shelter if: