New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 70 - MEDICALLY NEEDY PROGRAM
Subchapter 5 - RESOURCE ELIGIBILITY
Section 10:70-5.4 - Transfer of resources; pursuit of resources
Universal Citation: NJ Admin Code 10:70-5.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) For AFDC-related cases, the provisions of this subsection shall apply to all members of the budget unit.
1. Applicants
shall disclose promptly any transfer of property made within 24 months prior to
the time of application. Beneficiaries shall promptly disclose any transfer of
property made during the entire time the case is in active status.
2. The circumstances surrounding the transfer
of property shall be evaluated and a determination will be made regarding
whether the transfer was for adequate consideration.
3. If the transfer of the property was
determined to have been made for adequate consideration, any proceeds remaining
shall be evaluated as resources.
4.
If the transfer of the property was determined to have been made without
receipt of adequate consideration, the applicant or beneficiary may have legal
rights to secure the return of the property or the payment of adequate
consideration. The county board of social services shall assist the applicant
or beneficiary in reclaiming the property or in obtaining adequate
consideration for the property. Any proceeds resulting from such effort shall
be evaluated as resources.
5.
Applicants under this chapter shall pursue all legal rights to child support,
including medical support, unless good cause exists, as specified at
10:90-16.5.
(b) For SSI-related cases, the Medicaid Only Program rules regarding the transfer of resources shall apply to all members of the budget unit. Such assignments and transfers shall be evaluated as follows:
1. Transfers made before June 1, 2001 shall
be evaluated in accordance with
N.J.A.C.
10:71-4.7.
2. Transfers made on and after June 1, 2001
shall be evaluated in accordance with
10:71-4.10.
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