An applicant/recipient who is not eligible for MA under
§§
178.101 and
178.102 (relating to disposition
of property and fair consideration provisions for transfers during the period
of January 4, 1994, through July 29, 1994; and presumption of disposition of
property to qualify for MA for transfers during the period of January 4, 1991,
through July 29, 1994) remains ineligible until one of the following occurs and
the changes are reviewed based on the resource requirements in this
chapter:
(1) The presumption of intent
to qualify for MA is successfully rebutted at a prehearing conference, at a
hearing or through a court order.
(2) The property is reconveyed to the
applicant/recipient.
(3) The UV of
the property is subsequently given to the applicant/recipient.
(4) Thirty months or a shorter period as
established under §
178.101(h) has
elapsed between the time of the transfer and the reapplication for MA. The
period of ineligibility may be less than 30 months if:
(i) The applicant/recipient transferred a
home for less than FMV during or after the 30-month period immediately before
applying for MA.
(ii) The UV of the
house was less than the average amount payable under the MA Program for 30
months of NFC. The period during which the UV shall be considered is the number
of months arrived at by dividing the UV by the average monthly payment rate for
NFC.
Notes
The
provisions of this § 178.103 adopted August 26, 1988, effective
11/1/1988, 18 Pa.B. 3979;
amended August 28, 1992, effective upon publication and apply retroactively to
October 1, 1989, 22 Pa.B. 4432; amended December 23, 1994, effective
12/24/1994, and apply
retroactively to January 4, 1991, 24 Pa.B.
6423.
The provisions of this § 178.103 amended under
sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§
201(2) and
403(b)).
This section cited in 55 Pa. Code §
178.101 (relating to disposition
of property and fair consideration provisions for transfers during the period
of January 4, 1991, through July 29, 1994); and 55 Pa. Code §
178.121 (relating to
general).
