TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 2

PUBLIC ASSISTANCE LAW

56-214.  Award of public assistance — Ineligibility upon transfer of property. Upon the completion of the investigation, the state department shall determine whether the applicant is eligible for public assistance under the provisions of this act, the type and amount of public assistance he shall receive, and the date upon which such public assistance shall begin. Public assistance shall be paid in the manner prescribed by the state department.

(1)  Assistance to families with children shall not be granted under this act to any person who within six (6) months prior to applying for or at any time during which such assistance is received, has either made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this act, or who has divested himself of any interest in property without adequate consideration which interest or proceeds therefrom could reasonably be expected to contribute to the support and maintenance of such person and his family, except that any person who is ineligible for public assistance due solely to such assignment or transfer shall become eligible provided:

(a)  There is a showing that such person has caused such property to be assigned or transferred back to him; or

(b)  There is a showing that the person to whom such property is assigned or transferred has, subsequent to such assignment or transfer, met subsistence and medical care costs exclusive of any obligation for support, of such person or family, according to the department’s assistance standard, equal to, or in excess of, the market value of the property so assigned or transferred; or

(c)  There is a showing that the subsistence and medical care costs of such person, according to the department’s assistance standard, subsequent to such assignment or transfer, equal or exceed the market value of the property so assigned or transferred.

(2)  Eligibility for old age assistance under section 56-207, Idaho Code, or aid to the blind under section 56-208, Idaho Code, or aid to the disabled under section 56-209a, Idaho Code, shall be determined by continuing to consider as available any resource that was transferred prior to July 1, 1988, until such resource is fully accounted for under the provisions of section 1613(c) of the social security act as such section read on June 30, 1988.

(3)  Eligibility for medical assistance under section 56-209b, Idaho Code, shall continue to apply the rules of the director of the department of health and welfare concerning transfer of property as such rules read on October 29, 1988, to transfers that occur prior to July 1, 1989, to persons other than to the spouse of the person receiving or applying for medical assistance, and to interspousal transfers that occur prior to October 1, 1989.

(4)  The provisions of section 1917(c) of the social security act as amended by public law 100-360 and further amended by public law 100-485 and as hereafter amended shall apply as of July 1, 1989, to transfers of assets other than to the spouse, and as of October 1, 1989, to transfers between spouses, except that such provisions shall not apply either to transfers that occurred before July 1, 1988, or to transfers that have been fully accounted for under subsection (3) of this section. Notwithstanding the foregoing, any transfer of assets not otherwise specifically permitted by federal law or rule of the department not for fair market value is presumed to be for the purpose of sheltering assets to qualify for medical assistance. Such assets transferred shall be counted as available in determining eligibility, and will subject the applicant to penalties prescribed by the director, unless the applicant for assistance can demonstrate by clear and convincing evidence that the transfer was intended for another purpose.

(5)  Any funds, securities, accounts, contracts and all other property held in or transferred to a special needs trust as provided in chapter 14, title 68, Idaho Code, section 15-5-409, Idaho Code, and section 15-5-409a, Idaho Code, shall not be considered by the state department in determining whether the applicant is eligible for public assistance under the provisions of this act, so long as the action is permitted under the provisions of section 1917(c) and (d) of the social security act, as amended.

(6)  If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provisions or applications, and to this end the provisions of this section are severable.

History:

[56-214, added 1941, ch. 181, sec. 14, p. 379; am. 1943, ch. 119, sec. 1, p. 228; am. 1951, ch. 246, sec. 4, p. 520; am. 1974, ch. 233, sec. 8, p. 1590; am. 1978, ch. 74, sec. 1, p. 148; am. 1981, ch. 121, sec. 1, p. 208; am. 1989, ch. 67, sec. 2, p. 108; am. 1995, ch. 214, sec. 4, p. 746; am. 1996, ch. 50, sec. 8, p. 150; am. 2002, ch. 279, sec. 1, p. 815; am. 2007, ch. 248, sec. 1, p. 728; am. 2008, ch. 146, sec. 1, p. 430.]