Section 17b-198-5 - Determining eligibility. Threshold considerations(a)Citizenship status. Only (1) a United States citizen, (2) a qualified alien, as defined in 8 USC 1641, as amended from time to time, who is not eligible for federally funded forms of cash assistance, (3) an immigrant alien who, prior to August 22, 1996, entered the United States and was recognized as permanently residing under color of law, or (4) a lawfully residing immigrant alien shall be eligible for assistance pursuant to SAGA. For purposes of this subsection, "lawfully residing immigrant alien" has the same meaning as "alien who is lawfully present in the United States," as defined by 8 CFR 1.3, as amended from time to time.(b)Residency.(1) Only a person who resides in Connecticut and intends to remain in Connecticut permanently or for the foreseeable future shall be eligible for assistance pursuant to SAGA. Except as provided in subdivision (2) of this subsection, a person who resides in Connecticut and is otherwise eligible for assistance pursuant to SAGA shall not be required to have a permanent dwelling or a fixed address to establish his or her Connecticut residency. A person who is temporarily absent from Connecticut shall remain eligible for assistance pursuant to SAGA, except that a person who is temporarily absent from Connecticut and establishes a legal residence in or is granted any public benefit by another state shall not be considered a resident of Connecticut, regardless of whether such person continues to maintain a residence in Connecticut or intends to return to Connecticut.(2) A person's temporary absence from Connecticut shall not constitute abandonment of his or her Connecticut residency, provided such person (A) maintains permanent housing or has a fixed address in Connecticut, and (B) intends to return to Connecticut not later than thirty days after leaving the state.(c)Institutional status. No person shall be eligible for assistance pursuant to SAGA while living in any of the following institutions:(1) A general hospital, except that any person who is receiving assistance pursuant to SAGA shall not become ineligible for assistance upon living in a general hospital if such recipient is expected to return home not later than ninety days after the date of admission to such general hospital;(2) A long-term care facility;(3) A residential substance abuse treatment facility;(4) A correctional facility, unless such person voluntarily lives in such facility; or(5) A mental health facility.(d)Concurrent eligibility for assistance. No person shall be eligible to receive assistance pursuant to SAGA while also eligible to receive cash assistance pursuant to another state or federal cash assistance program, including, but not limited to, TFA, RCA, AABD, SSI or SSDI.(e)Participation in a strike.(1) For purposes of this subsection, a person participates in a strike when such person is an employee who (A) chooses not to go to work because he or she is a member of a bargaining unit on strike, (B) acts in concert with other employees to effectuate a work stoppage due to the expiration of a collective bargaining agreement or any other motive directly related to such person's job, or (C) chooses not to go to work due to sympathy with a bargaining unit on strike. A person who does not belong to a collective bargaining unit that is on strike and refuses to cross a picket line established by such collective bargaining unit due to fear of personal injury or death shall not be considered a participant in such strike. A person who previously participated in a strike shall no longer be considered a participant in such strike upon returning to work or after such person's position is permanently filled or eliminated by his or her employer.(2) Except as provided in subdivision (3) of this subsection, no person participating in a strike or living with a spouse who is participating in a strike shall be eligible for assistance pursuant to SAGA.(3) The provisions of this subsection shall not apply to an assistance unit already receiving assistance pursuant to SAGA at the time any person described in this subsection begins participation in a strike.(f)Improper transfer of assets.(1) For purposes of this subsection, "legal owner" has the same meaning as provided in subsection (a) of section 17b-198-8 of the Regulations of Connecticut State Agencies, and "undue influence" means acts that cause another party, through misrepresentation, deceit, fraud or any other improper means, to do something that would otherwise not be done.(2)(A) Except as provided in subparagraph (C) of this subdivision and subdivision (5) of this subsection, an assistance unit member residing in or admitted to a rated housing facility or a licensed residential care home shall be subject to a penalty, as described in subdivision (6) of this subsection, if such member (i) transfers an asset, other than an asset excluded from eligibility determinations under any provision of section 17b-198-8 of the Regulations of Connecticut State Agencies, for the purpose of establishing or maintaining eligibility for assistance pursuant to SAGA, and (ii) such transfer occurred during the twenty-four month period immediately preceding the date of application for assistance, while an application for such assistance was pending or while such member was receiving such assistance. The department shall investigate the circumstances under which an asset was transferred if such asset was transferred during any time period set forth in this subparagraph.(B) An assistance unit member's placement of an asset into joint ownership with another person, including such member's spouse, shall be considered a transfer within the meaning of this subdivision if such person subsequently transfers or otherwise liquidates such asset, or if such member subsequently grants full ownership of such asset to such person. The date of transfer in such a situation shall be the date such person transferred or otherwise liquidated such asset, or was granted full ownership of such asset by the assistance unit member, whichever occurs first.(C) Notwithstanding the provisions of subparagraph (A)(i) of this subdivision, the department shall impose a penalty when an assistance unit member residing in or admitted to a rated housing facility or a licensed residential care home transfers non-home property excluded pursuant to subdivision (8) of subsection (d) of section 17b-198-8 of the Regulations of Connecticut State Agencies for the purpose of establishing or maintaining eligibility for assistance pursuant to SAGA during any period of time described in subparagraph (A)(ii) of this subdivision.(3)(A) The department shall consider an asset to have been transferred for the purpose of establishing or maintaining eligibility for assistance pursuant to SAGA, as described in subdivision (2) of this subsection, if: (i) Fair market value was not received for such asset; (ii) there is no convincing evidence that the transfer was for another purpose; and (iii) the transferor did not retain funds sufficient to account for the transferor's foreseeable needs.(B) In determining whether fair market value was received as compensation for a transferred asset, the department shall consider any compensation received at the time of or after the transfer. The department shall consider compensation received prior to the transfer only if such compensation was received in accordance with a legally enforceable agreement, or in the form of services or payment for services that were: (i) Of the type provided by a homemaker or a home health aide; (ii) essential to avoid the transferor's institutionalization; and (iii) either provided by the transferee while sharing the home of the transferor or paid for by the transferee. Any non-monetary compensation received shall be assigned a monetary value for the purpose of determining whether such compensation constituted fair market value for the transferred asset. A monetary value shall be assigned for services of the type normally rendered by a homemaker or home health aide according to the current state minimum hourly wage for such services. For all other services provided as compensation at the time of transfer, after the transfer or in connection with a legally enforceable agreement, a monetary value shall be assigned according to the actual cost of the services. Any compensation received in the form of real or personal property shall be valued according to such property's fair market value. Compensation in the form of a note of indebtedness shall be valued according to the total amount owed on such note. An out-of-pocket payment by the transferee may include payment for alterations to the transferor's home that are necessary to allow the transferor to continue to use such home and avoid institutionalization.(C) A transferor retains funds sufficient to account for his or her foreseeable needs when, at the time of the transfer, such transferor retains other income and assets sufficient to cover basic living expenses and medical costs as they could have reasonably been expected based on the transferor's health and financial situation at the time of the transfer.(4) Notwithstanding the provisions of subdivision (3) of this subsection, the department shall not consider an asset's transfer to have been made for the purpose of establishing or maintaining eligibility for assistance pursuant to SAGA if:(A) There is clear and convincing evidence that objectively establishes that the transferor merely entrusted such asset with the transferee with the intent of retaining all beneficial interest in such asset;(B) The asset was jointly held by the assistance unit member and the person who received or transferred the asset, and such member demonstrates that such person, rather than such member, was the legal owner of such asset, as described in subsection (e) of section 17b-198-8 of the Regulations of Connecticut State Agencies; or(C) The assistance unit member transferred the asset to his or her spouse if (i) such member and spouse were separated at the time of the transfer, and (ii) the transfer was made in accordance with a written agreement executed prior to the transfer that divided the asset into equal shares of distinct property. For purposes of this subparagraph, the department shall consider an assistance unit member and his or her spouse to be separated if such member or spouse has left the home and does not intend to return, or such member and spouse are residing in different rooms in the same rated housing facility or licensed residential care home.(5)(A) The department shall not impose a penalty pursuant to this subsection if: (i) The total uncompensated fair market value for all improperly transferred assets, including multiple transfers of one asset, does not exceed the asset limits established pursuant to section 17b-198-8 of the Regulations of Connecticut State Agencies when added to all other assets counted under the provisions of said section;(ii) Such member has been declared incompetent by a court of appropriate jurisdiction at the time of the transfer; or(iii) Such transfer was the result of a third party's undue influence on such member, such as, but not limited to, when the asset was jointly held with another person and such person gained sole ownership of or liquidated such asset without the knowledge or consent of such member.(B) When undue influence is claimed, the assistance unit member, or, if such member has been declared incompetent by a court of appropriate jurisdiction at the time of the department's investigation of the transfer, such member's conservator shall provide the department with detailed information concerning the circumstances that led to the transfer. The department shall review all available information and determine whether it is more likely than not that the transfer resulted from undue influence.(6) The penalty for transferring an asset under the circumstances described in subdivision (2) of this subsection shall be ineligibility for assistance pursuant to SAGA beginning on the first day of the month such asset was transferred and lasting for a period of time calculated by dividing the uncompensated value of the transferred asset by five hundred dollars, with (A) any resulting whole number equating to the number of months such person shall remain ineligible, and (B) any resulting fraction of a whole number used to prorate the number of days such person shall remain ineligible during the last month of ineligibility.(7) The department shall notify each applicant for assistance pursuant to SAGA of the potential impact of transferring an asset. Whenever the department intends to deny or discontinue assistance pursuant to SAGA due to a penalty imposed pursuant to this subsection, the department shall, not later than fifteen days prior to taking such intended action, provide the assistance unit member with notice clearly explaining the reason for the decision and that such member has a right to rebut the findings of the department by a date provided in such notice. An assistance unit may, within the time allowed, rebut such findings through objective evidence. For purposes of this subdivision, evidence, whether documentary or nondocumentary, shall be considered objective if a rational person would agree that it is real and valid. If the department, in its discretion, concludes that objective evidence submitted by an assistance unit member rebuts the department's findings, it shall not impose a penalty pursuant to this subsection.(8) An applicant's decision to withdraw an application shall not interrupt the department's processing of its evaluation of an asset transfer or the imposition of any penalty imposed as a result of such an evaluation. When an applicant withdraws his or her application and the department's evaluation leads to the imposition of a penalty, such penalty shall be applied to any subsequent application filed by such applicant, subject to the recalculation of the penalty period based on any additional information presented at the time of the subsequent application.(g)Failure to comply with TFA program requirements. No person who would be eligible for assistance pursuant to TFA but for the failure of such person or an individual in such person's household to comply with a TFA program requirement shall be eligible for assistance pursuant to SAGA.(h)Fleeing felons disqualified. Any person who is fleeing prosecution for a crime or attempted crime that constitutes a felony under the laws of the jurisdiction from which such person is fleeing, or who is fleeing to avoid custody or confinement following his or her conviction for such a crime or attempted crime, shall be disqualified from receiving assistance pursuant to SAGA. If any person disqualified pursuant to this subsection is pardoned by the President of the United States, such disqualification shall terminate on the first day of the month following the month in which such pardon is granted.Conn. Agencies Regs. § 17b-198-5
Effective October 11, 2016