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Transfer for purpose of qualifying for assistance

March 4, 2009

Appellant and spouse gifted a total of $11,800.00 one of their 5 children. Gifts were given in 9 checks in the amount of $900.00 each.  Appellant was 92 and 93 years old when gifts were given.  Parents gave gifts due to medical needs of son.  DSS found gift was an improper transfer and imposed a transfer penalty. Hearing officer upheld DSS decision. Hearing officer found that a 92/3 year old man “cannot reasonably dismiss the possibility that he will become in need of long-term medical care within five years”.   

Fair Hearing Decision 3-4-09 (PDF)