Page 1969

West Virginia Income Maintenance Manual Chapter 24

West Virginia Income Maintenance Manual Page 44 Chapter 24 Long Term Care

• To the client's spouse. • To the client's minor child (under age 21). • To the client's disabled child regardless of age. The Social Security Administration (SSA) definition of disability is used. Therefore, any person medically approved for or receiving disability-based Retirement, Survivors, and Disability Insurance (RSDI) and/or disability- based SSI meets the definition, as well as persons who are determined disabled by the medical review team (MRT). If no disability determination has been made, the case must be submitted for a MRT decision. • To the client's sibling who has an equity interest in the home and who resided in the home for at least one year immediately prior to the client's institutionalization. • To the client's child(ren) who was residing in the home for at least two years immediately prior to the client's institutionalization and who provided care to the individual which allowed him to remain at home rather than being institutionalized. 24.8.2.B.2 Transfers for the Benefit of the Spouse or Disabled Child When the client transfers resources other than his home, as follows, no penalty is applied: • To the client's spouse or to another person for the sole benefit of the client's spouse not to exceed the amount determined attributable to the community spouse during the Asset Assessment. • From the client's spouse to another person for the sole benefit of the client's spouse not to exceed the amount determined attributable to the community spouse during the Asset Assessment. • To the client's disabled child regardless of age. The Social Security Administration (SSA) definition of disability is used. Therefore, any person medically approved for or receiving disability-based Retirement, Survivors, and Disability Insurance (RSDI) and/or disability- based SSI meets the definition, as well as persons who are determined disabled by the medical review team (MRT). If no disability determination has been made, the case must be submitted for a MRT decision. All transfers to another person for the sole benefit of the client’s spouse or to the client’s disabled child must be accomplished by a written instrument of transfer, such as a trust, which legally binds the parties to a specific course of action and specifies the conditions under which the transfer was made, and names those who benefit from the transfer.