PM 07-02-22-a: Delay in Transfer to Community Spouse

WAG 07-02-22-a.

If a client intends to transfer assets but cannot transfer them immediately, allow the client up to 90 days from the date on the written notice to make the transfer. If a court order is required, grant additional time as needed. The asset does not affect eligibility during this period.

Do not delay approval of an application because of a pending transfer of assets, if all other information is available to determine eligibility. Set a control to review the case within the 90-day period. The purpose of the review is to determine if the assets have been transferred to the community spouse. If assets are not transferred by the end of the 90-day period, they are available and affect the resident's eligibility. Apply the asset amount starting with the month following the month the 90-day period ended.