TN 12 (08-00)

A. Introduction

It is necessary to find out whether the individual meets one of the exceptions before determining whether a period of ineligibility applies. Interviewers may use the following guide to assist them in determining whether an exception to the period of ineligibility applies. Although the list of questions is not all-inclusive, the answers to the following questions will help the interviewer identify the presence of an exception. When asking the questions, remember the 36 month look-back date (SI 01150.110).

B. List of questions about exceptions

1. Transfer to a Trust

Ask the individual the following questions:

• Did you transfer any money or property to a trust?

• Is the trust solely for the benefit of your child who is blind or disabled?

• Is the trust solely for the benefit of an individual who is under age 65 and disabled?

• Has the trust paid any money to a third party?

2. Transfer of a Home

If the individual transferred a home, ask the individual the following questions:

• Did you transfer the home to your spouse?

• Did you transfer the home to your child?

• If yes, was the child under age 21 at the time of the transfer?

• If over age 21, was the child blind or disabled at the time of the transfer?

• What is the child's name, date of birth, Social Security number, and address?

• Did you transfer the home to a brother or sister who lived with you during the year immediately before you went to an institution to live?

• Did you transfer the home to a son or daughter who lived with you and provided care for you during the 2 years before you went to an institution to live?

3. Non-Home Transfers to Certain Family Members

Ask the following questions:

• Did you transfer the money or property to your spouse?

• Did you transfer the money or property to another person, but for the sole benefit of your spouse?

• Did you transfer the money or property to your disabled or blind child?

4. Transfer for Purpose Other Than to Obtain SSI

Ask the following questions:

• Did you transfer the money or property to become eligible for SSI?

• Did you transfer the money or property before you knew that you would file for SSI?

• At the time of the transfer, was the total value of the money and property you owned below the $2,000/$3,000 limit?

• Was the transfer of the money or property outside your control (e.g., ordered by a court)?

• At the time of transfer, would the transferred resource have been an excluded resource under SSI rules.

5. Transferred Resource Returned to the Transferor

If there is any indication that the resource has been transferred back to the individual, ask the following questions:

• When was the transferred money or property returned to you?

• Has legal ownership of the money or property been returned to you?

• Was all of the money or property returned to you?

• If only part of the money or property was returned to you, what is the value of what was returned?

6. Undue Hardship

If the individual does not meet one of the other exceptions, benefits may be payable if the individual meets the requirements for the undue hardship exception. Review the individual's income and resources and ask the individual questions such as:

• Will you be able to pay for your food and shelter if you do not receive SSI payments?

• What is your monthly income?

• What is the total value of your liquid resources?

C. Procedure—documenting whether an exception applies

• If an exception may apply, follow the procedures in the appropriate section pertaining to the exception in order to make a determination and document accordingly. (See SI 01150.127D.)

• If no exceptions apply, document the file with your determination that all the exceptions were considered and that none apply to the individual .

• On MSSICS, use the DROC screen or the Remarks field on the MSSICS RGIV screen to document your determination that no exceptions apply. On paper claims, use a Report of Contact.

NOTE: It is not necessary record in the file the answers to the questions in SI 01150.127B.

D. References

Exceptions to the period of ineligibility, SI 01150.120

Exception for transfer to a trust, SI 01150.121

Exception for transfer of a home, SI 01150.122

Exception for non-home transfer to family member, SI 01150.123

Exception for returned resource, SI 01150.124

Exception for transfer for purpose other than to obtain SSI, SI 01150.125

Exception for undue hardship, SI 01150.126