Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.292 - PERIOD OF INELIGIBILITY EXCEPTIONS

Current through August 31, 2023
A participant or spouse is not subject to the resource transfer
				period of ineligibility if one (1) of the following conditions is satisfied.
				(3-17-22)
01.
Home to
			 Spouse
. Title to the home is transferred solely to the spouse.
			 (3-17-22)
02.
Home to Minor
			 Child or Disabled Adult Child
. Title to the home is transferred to the
			 child of the participant or spouse. The child must be under age twenty-one
			 (21), blind or totally disabled under Social Security and SSI rules in 20 CFR
			 Part 416 . (3-17-22)
03.
Home
			 to Brother or Sister
. Title to the home is transferred to a brother or
			 sister of the participant or spouse who must have had an equity interest or
			 life estate in the transferred home and was residing in that home for at least
			 one (1) year immediately before the month the home was transferred.
			 (3-17-22)
04.
Home to Adult
			 Child
. Title to the home was transferred to a son or daughter of the
			 participant or spouse, other than a child under the age of twenty-one (21). The
			 son or daughter must have resided in that home for at least two (2) years
			 immediately before the month the participant entered a medical facility or
			 long-term care. The son or daughter must have provided care to the participant,
			 which permitted him to live at home rather than enter a medical facility or
			 long-term care. (3-17-22)
05.
Benefit of Spouse
. Resources, other than the home, were
			 transferred to the participant's spouse or to another person for the sole
			 benefit of the spouse. (3-17-22)
06.
Transfer from Spouse
. The
			 resources were transferred from the participant's spouse to another person for
			 the sole benefit of the participant's spouse. (3-17-22)
07.
Transfer to Child
. The
			 resources were transferred to the participant's child or to a trust established
			 solely for the benefit of the participant's child. The child must be blind or
			 totally disabled under Social Security and SSI rules in 20 CFR Part 416 . The
			 child may be any age. (3-17-22)
08.
Transfer to Trust for Person Under Sixty-Five
. The resources were
			 transferred to a trust for the sole benefit of a person under age sixty-five
			 (65), blind or totally disabled under Social Security and SSI rules in 20 CFR
			 Part 416 . The person must be blind or totally disabled under Social Security
			 and SSI rules in 20 CFR Part 416 . (3-17-22)
09.
Transfer to a Trust That Is a
			 Countable Resource
. The resources were transferred to a trust and the
			 trust is a countable resource for AABD in the amount of the transfer.
			 (3-17-22)
10.
Intent to
			 Receive Fair Market Value
. The participant or spouse proves he intended
			 to dispose of the resources at fair market value or for other adequate
			 consideration, but can prove good cause for not doing so. (3-17-22)
11.
Resources Returned
. All
			 resources transferred for less than fair market value have been returned to the
			 participant. (3-17-22)
12.
No
			 AABD Purpose
. The participant or spouse proves the resources were
			 transferred exclusively for a purpose other than qualifying for AABD. Purposes
			 other than qualifying for AABD include: (3-17-22)
a. After the resource transfer the
			 participant has a traumatic onset of disability. (3-17-22)
b. After the resource transfer a previously
			 unknown disabling condition is diagnosed. (3-17-22)
c. After the resource transfer the
			 participant has an unexpected loss of income or resources resulting in
			 eligibility for AABD. (3-17-22)
d.
			 The resource was excludable in the transfer month. (3-17-22)
e. The transfer of resources was
			 court-ordered, provided the participant did not petition the court to order the
			 transfer. (3-17-22)
f. The
			 participant took a vow of poverty and gave the resources to a religious order.
			 (3-17-22)