(a) Where the resources of an individual (and spouse, if any) are determined to exceed the limitations prescribed in § 416.1205, such individual (and spouse, if any) shall not be eligible for payment except under the conditions provided in this section. Payment will be made to an individual (and spouse, if any) if the individual agrees in writing to:
(1) Dispose of, at current market value, the nonliquid resources (as defined in § 416.1201(c)) in excess of the limitations prescribed in § 416.1205 within the time period specified in § 416.1242; and
(2) Repay any overpayments (as defined in § 416.1244) with the proceeds of such disposition.
(b) Payment made for the period during which the resources are being disposed of will be conditioned upon the disposition of those resources as prescribed in paragraphs (a)(1) and (a)(2) of this section. Any payments so made are (at the time of disposition) considered overpayments to the extent they would not have been paid had the disposition occurred at the beginning of the period for which such payments were made.
(c) If an individual fails to dispose of the resources as prescribed in paragraphs (a)(1) and (a)(2) of this section, regardless of the efforts he or she makes to dispose of them, the resources will be counted at their current market value and the individual will be ineligible due to excess resources. We will use the original estimate of current market value unless the individual submits evidence establishing a lower value (e.g., an estimate from a disinterested knowledgeable source).
[75 FR 1274, Jan. 11, 2010]
Notes of Decisions
Cited in
15
cases (
2 in the last 5 years), 1979–2022 · leading case:
Fabula v. Buck
Fabula v. Buck (1979)
ca4 · cites it 3×
“; 20 C.F.R. §§ 416.1240 -.1244, and during this period the state must provide Medicaid benefits to him.”
Gardner v. Ohio Dept. of Job & Family Servs. (2022)
ohioctapp · cites it 4×
“See 20 C.F.R. 416.1240 and 1242(a). {¶29} The trial court held that Medicaid does not, and cannot, provide for conditional benefits because: (1) conditional benefits are recoverable by the state, 2Section 2.”
Willey v. Ives (1988)
med · cites it 3×
“Conditional Eligibility 20 C.F.R. §§ 416.1240 , et seq. The conditional eligibility provisions of 20 C.”
Woods v. Shalala (1995)
njd · cites it 3×
“However, under the provisions of 20 C.F.R. § 416.1240 (a)(2), Plaintiff could either agree in writing to dispose of her excess resources and repay any overpayment, or otherwise her resources would be considered as available for her support and maintenance, and would result in…”
Gardner v. Ohio Dept. of Job & Family Servs. (2022)
ohioctapp · cites it 4×
“See 20 C.F.R. 416.1240 and 1242(a). {¶29} The trial court held that Medicaid does not, and cannot, provide for conditional benefits because: (1) conditional benefits are recoverable by the state, 2Section 2.”
Frerks v. Shalala (1995)
ca2
“Similarly, 20 C.F.R. § 416.1240 (a)(2) permits HHS to make payments to an individual having excess resources on condition that “[t]he individual agrees in writing to .”
FRERKS BY FRERKS v. Shalala (1994)
nyed
“The legislative history of this section also does not evince a purpose or intent by Congress to enact an affirmative duty on the Secretary's part with respect to notifying SSI recipients of the ability to transfer their assets to a SNT.”
McKee v. Department of Social Services (1986)
mich
“17 Applicants must agree to repay conditional benefits from the proceeds resulting from the disposal of excess resources to the extent that the net proceeds plus the individual’s other assets exceed the ssi eligibility requirement.”
Frerks ex rel. Frerks v. Shalala (1994)
nyed
“The legislative history of this section also does not evince a purpose or intent by Congress to enact an affirmative duty on the Secretary’s part with respect to notifying SSI recipients of the ability to transfer their assets to a SNT.”
— 20 C.F.R. § 416.1240(a) — 2 cases
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