Give the person a chance to explain why they transferred the asset.
Use the following factors, as well as any other factors relevant to the specific case, to determine whether the person made the transfer for a reason other than to qualify for benefits.
Reasons of Health
The health of the person at the time of the transfer can be important.
- If the person's health had not changed at the time of the transfer, it is less likely that the transfer was made to qualify for benefits.
- If the person's health had worsened, the need for benefits may have been a reason.
Change of Residence
If the person was about to move to a more expensive living arrangement, such as a nursing home, it is likely that the need for benefits was a reason for the transfer.
Time Since Transfer
The longer the time period between the date of transfer and the date of application, the less likely it is the transfer was made to qualify for benefits.
Events that occur after the transfer, but before the application, might indicate that the transfer was not made to qualify for benefits. For example, if a person has a sudden illness after the transfer, it may indicate the transfer was not made to qualify for benefits.