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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE TRANSFERS 11/18 CHAPTER G PAGE 6

Steps Resource Transfer Procedure Chart ACTIONS Step 7 Determine Whether the Undue Hardship Exception Applies  Develop undue hardship only after determining that the individual does not meet one of the other exceptions and after computing the period of ineligibility.  Determine if hardship exists in any month o The individual can be paid for any month in which hardship exists. o The period of ineligibility is applied to each month in which undue hardship does not exist.  Send the individual a Transfer of Resources Notice to notify him/her of the results of the undue hardship evaluation.

6. Valid Transfer It is always necessary to determine whether an alleged transfer of a resource was a valid transfer. A valid transfer is one that transfers ownership of an item from one person to another based on a legally binding agreement. When there is a valid transfer, the transferor no longer owns the property. If a transfer is not valid, the transferring person still owns the property and it is counted as a resource to that person. When property is validly transferred, it no longer counts as a resource as of the first moment of the month following the transfer. Example: The individual sells his sailboat on May 15th. For AG purposes, the boat is considered a resource for May. As of June the boat is not a resource. Valid transfers of resource ownership may occur through any of the following types of transactions:  Sale of property;