N.J. Admin. Code § 10:70-5.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10:70-5.4 - Transfer of resources; pursuit of resources

(a) For AFDC-related cases, the provisions of this subsection shall apply to all members of the budget unit.

1. Applicants shall disclose promptly any transfer of property made within 24 months prior to the time of application. Beneficiaries shall promptly disclose any transfer of property made during the entire time the case is in active status.

2. The circumstances surrounding the transfer of property shall be evaluated and a determination will be made regarding whether the transfer was for adequate consideration.

3. If the transfer of the property was determined to have been made for adequate consideration, any proceeds remaining shall be evaluated as resources.

4. If the transfer of the property was determined to have been made without receipt of adequate consideration, the applicant or beneficiary may have legal rights to secure the return of the property or the payment of adequate consideration. The county board of social services shall assist the applicant or beneficiary in reclaiming the property or in obtaining adequate consideration for the property. Any proceeds resulting from such effort shall be evaluated as resources.

5. Applicants under this chapter shall pursue all legal rights to child support, including medical support, unless good cause exists, as specified at 10:90-16.5.

(b) For SSI-related cases, the Medicaid Only Program rules regarding the transfer of resources shall apply to all members of the budget unit. Such assignments and transfers shall be evaluated as follows:

1. Transfers made before June 1, 2001 shall be evaluated in accordance with N.J.A.C. 10:71-4.7.

2. Transfers made on and after June 1, 2001 shall be evaluated in accordance with 10:71-4.10.

N.J. Admin. Code § 10:70-5.4

Amended by R.1991 d.331, effective 7/1/1991.
See: 23 N.J.R. 964(a), 23 N.J.R. 2042(a).
Internal N.J.A.C. cite changed.
Amended by R.2006 d.364, effective 10/16/2006.
See: 38 N.J.R. 2368(a), 38 N.J.R. 4480(c).
Section was "Transfer of resources". Rewrote the section.