WAC 388-488-0005 Transfer of property to qualify for cash assistance

This rule applies to cash assistance programs only and does not affect Medicaid eligibility for a person who is not institutionalized. For transfer of property for institutional medical see WAC 388-513-1365.

1. An assistance unit is disqualified from receiving benefits when it transferred or transfers real or personal property for less than its market value in an attempt to qualify for benefits:

   1. Two years prior to the date of application; 

   2. During the application process; or

   3. Anytime while receiving benefits.

2. When an assistance unit transferred property for less than its fair market value in an attempt to qualify for benefits, the disqualification period:

   1. For applicants, begins the first day of the month the property was transferred.

   2. For recipients, begins the first day of the month after the month the property was transferred.

3. To determine the number of months an assistance unit will be disqualified, divide the uncompensated resource value of the transferred property by the state gross median income. The uncompensated resource value is the equity value minus the amount the client received when transferring a resource.

4. An assistance unit can provide evidence to clarify the reasons for transferring the property when the department presumes that the assistance unit transferred the property in an attempt to qualify for benefits.

5. The benefits received by an assistance unit are not affected by the transfer of separate property of a spouse who is not a member of the assistance unit.

6. An assistance unit’s disqualification period can be reduced when the client:

   1. Verifies undue hardship will exist if the benefits are denied such as an eviction;

   2. Secures a return of some or all of the transferred property or the equivalent value of the transferred property;

   3. Verifies an unforeseen change in circumstances such as extensive hospitalization; or

   4. Is responsible for and can verify medical expenses.

7. When a disqualification period has been adjusted and the client is otherwise eligible, benefits will be authorized . Any benefits authorized because of the reason(s) in subsection (6) of this section, are not considered an overpayment.