Current through Register 1531, September 27, 2024
(A)
Transfers for Less Than Fair Market Value.
(1) If, within 12 months before applying for
Transitional Cash Assistance, a member of the filing unit transfers any income,
or an asset when the application is for EAEDC as a resident in a licensed rest
home, in whole or in part for less than its fair market value or places the
income or an asset into an irrevocable trust, it is presumed that the transfer
was made to become eligible for Transitional Cash Assistance, unless the
presumption is rebutted in accordance with
106
CMR 704.135(A)(2). If the
presumption is not rebutted, or if the transfer is prohibited by law, the
filing unit will be ineligible for Transitional Cash Assistance for the period
of time calculated in accordance with
106
CMR 704.135(C) and
(D).
(2) The presumption that a transfer for less
than its fair market value or placement into an irrevocable trust was made to
receive Transitional Cash Assistance, may be rebutted if the applicant
establishes one of the following:
(b) At the
time of the transfer, the filing unit member had enough other income and/or
assets to pay for 12 months of his or her day-to-day living and medical
expenses as defined in
106
CMR 704.135(A)(2)(c) as well
as those individuals that the filing unit member was legally obligated to
support. This determination is based on the filing unit's average monthly
expenses for the six months immediately prior to the date of the
transfer;
(c) The transfer of the
income or assets was for self-support because the filing unit member's income
and assets at the time of the transfer did not meet the filing unit member's
day-to-day living and medical expenses. Day-to-day living expenses are limited
to expenses for shelter, fuel, utilities, and food and cannot exceed the
greater of what the filing unit member was paying for those expenses prior to
the date the income and/or assets and was transferred or the payment standard
provided in
106
CMR 704.420 or
106
CMR 704.425 for the assistance unit. Medical
expenses are limited to health insurance premiums or health care treatment or
services essential for the treatment of members of the filing unit not covered
by any health insurance or MassHealth, and not incurred as the result of
cosmetic surgery unrelated to illness, accident or surgery. Expenditures which
would not be essential health care treatment include, but are not limited to,
those for vacations or recreational activities;
(d) The transfer of the income or asset was
made while the filing unit member was legally incompetent or as a result of
undue coercion. The applicant must demonstrate that every effort has been made
to recover the property by court action or by other such procedures as
indicated by the circumstances; or
(e) The transfer of the income or asset was
the result of a legal action such as a court order, judgment, foreclosure, or
delinquent tax sale.
The applicant must verify that the transfer of income or asset
was done exclusively for a purpose other than becoming eligible for
Transitional Cash Assistance. A subjective statement of intent or of ignorance
of the transfer rules is not sufficient. The applicant must give objective
evidence of one or more of the factors provided in
106
CMR
704.135(A)(2).
(B)
Transfers for Fair Market Value or More.
(1) If, within 12 months before applying for
Transitional Cash Assistance, a member of the filing unit transfers income, or
asset if the application is for EAEDC as a resident in a licensed rest home,
for fair market value or greater value and the transfer was for an
extraordinary expense or a vacation, it will be presumed the transfer was made
to receive Transitional Cash Assistance. The presumption that the income or
asset was transferred for the purpose of becoming eligible for Transitional
Cash Assistance may be rebutted as provided in
106
CMR 704.135(A)(2). If the
presumption is not rebutted, the filing unit will be ineligible for TAFDC for
the period of time calculated in accordance with
106
CMR 704.135(D).
An item is considered an extraordinary expense if:
(a) the expense is not normally incurred by
the filing unit; and
(b) the
expense is more than 25 of the filing unit's average monthly gross income,
excluding the receipt of any non-recurring lump sum income, for the six months
immediately before the date of the transfer.
(2) An item is not considered an
extraordinary expense if it is:
(a) for a
day-to-day expense as defined in
106
CMR
704.240(B)(4)(a)-(f);
(b) necessary for work, employment, education
or job training; or
(c) used to buy
a prepaid funeral arrangement, and one burial plot for each member of the
assistance unit. A prepaid funeral arrangement may include a contract with a
funeral director or a separately identifiable trust fund.
(3) Other than as provided in
106
CMR 704.135(B)(1), a
transfer of income or assets for its fair market or greater value will not be
considered a transfer for the purpose of becoming eligible for Transitional
Cash Assistance as long as the transfer is not prohibited by law.
(C)
Value of
Transferred Income and/or Asset(s). If the income, or asset if the
application is for EAEDC as a resident in a licensed rest home, is considered
to have been transferred to become eligible for Transitional Cash Assistance,
the value is determined as follows:
(1) Use
the fair market value of the transferred income or asset as of the date of
transfer.
(2) Deduct from the fair
market value:
(a) any legal encumbrances to
the transferred income or asset which were paid on or after the date of
transfer; and
(b) any compensation
received in excess of the paid legal encumbrances. Compensation may be in the
form of money, goods or services. The value of goods and services received as
compensation is valued at fair market value as of the date services were
received. Compensation does not include the value of extraordinary expenses as
defined in
106
CMR 704.135(B)(1) or a
vacation or any compensation received in a transfer prohibited by
law.
(3) The remainder
is the value of the transferred income or asset.
(D)
Calculation of Period of
Ineligibility. Depending upon the value of the transferred income,
or asset if the application is for EAEDC as a resident of a licensed rest home,
all members will be subject to an uninterrupted ineligibility period. The
calculation for the period of ineligibility period is as follows:
(1) Divide the value of the transferred
income or asset, as determined in
106
CMR 704.135(C), by the
appropriate Payment Standard for the TAFDC assistance unit or the appropriate
standard of assistance for the EAEDC assistance unit. The result will be the
number of months in the period of ineligibility.
(2) Any remainder from the above calculation
shall be considered unearned income in the first month following the period of
ineligibility and deducted from the appropriate Payment Standard for the TAFDC
assistance unit or the appropriate standard of assistance for the EAEDC
assistance unit, provided there is a reapplication for assistance during that
month.
(3) The period of
ineligibility shall begin on the first day of any transfer, in whole or in
part, of income or assets within 12 months of application. Any assistance
received during the ineligibility period is considered an overpayment in
accordance with
106
CMR 706.200, et
seq.
(E)
Ineligibility for Transitional Cash Assistance. Any
member of the filing unit who is determined to be ineligible for EAEDC due to
the transfer of income or assets is concurrently ineligible for TAFDC.
Conversely, any member of the filing unit who is determined to be ineligible
for TAFDC due to the transfer of income or assets is concurrently ineligible
for EAEDC.