§ 20-88.02. Transfer of assets to qualify for assistance; liability oftransferees.
A. As used in this section, "uncompensated value" means the aggregateamount by which the fair market value of all property or resources, includingfractional interests, transferred by any transferor after the effective dateof and subject to this section, exceeds the aggregate consideration receivedfor such property or resources.
B. Within thirty months prior to the date on which any person receivesbenefits from any program of public assistance or social services as definedin § 63.2-100, if such person has transferred any property or resourcesresulting in uncompensated value, the transferee of such property orresources shall be liable to repay the Commonwealth for benefits paid onbehalf of the transferor up to the amount of that uncompensated value less$25,000.
C. In their discretion, the heads of the agencies which administer theappropriate program or programs of public assistance may petition the circuitcourt having jurisdiction over the property or over the transferee for anorder requiring repayment. That order shall continue in effect, as the courtmay determine, for so long as the transferor receives public assistance oruntil the uncompensated value is completely repaid. With respect to alltransfers subject to this section, a rebuttable presumption is created thatthe transferee acted with the intent and for the purpose of assisting thetransferor to qualify for public assistance. If the presumption is rebutted,this section shall not apply and the petition shall be dismissed.
D. After reasonable investigation, the agency or agencies administering theprogram of public assistance shall not file any petition, and no court shallorder payments under subsection B of this section if it is determined that:(i) the uncompensated value of the property transferred is $25,000 or less,(ii) that the property transferred was the home of the transferor at the timeof the transfer and the transferor or any of the following individuals residein the home: the transferor's spouse, any natural or adopted child of thetransferor under the age of twenty-one years or any natural or adopted childof the transferor, regardless of age, who is blind or disabled as defined bythe federal Social Security Act or the Virginia Medicaid Program, or (iii)the transferee is without financial means or that such payment would work ahardship on the transferee or his family. If the transferee does not fullycooperate with the investigating agency to determine the nature and extent ofthe hardship, there shall be a rebuttable presumption that no hardship exists.
§ 20-88.02. Transfer of assets to qualify for assistance; liability oftransferees.
A. As used in this section, "uncompensated value" means the aggregateamount by which the fair market value of all property or resources, includingfractional interests, transferred by any transferor after the effective dateof and subject to this section, exceeds the aggregate consideration receivedfor such property or resources.
B. Within thirty months prior to the date on which any person receivesbenefits from any program of public assistance or social services as definedin § 63.2-100, if such person has transferred any property or resourcesresulting in uncompensated value, the transferee of such property orresources shall be liable to repay the Commonwealth for benefits paid onbehalf of the transferor up to the amount of that uncompensated value less$25,000.
C. In their discretion, the heads of the agencies which administer theappropriate program or programs of public assistance may petition the circuitcourt having jurisdiction over the property or over the transferee for anorder requiring repayment. That order shall continue in effect, as the courtmay determine, for so long as the transferor receives public assistance oruntil the uncompensated value is completely repaid. With respect to alltransfers subject to this section, a rebuttable presumption is created thatthe transferee acted with the intent and for the purpose of assisting thetransferor to qualify for public assistance. If the presumption is rebutted,this section shall not apply and the petition shall be dismissed.
D. After reasonable investigation, the agency or agencies administering theprogram of public assistance shall not file any petition, and no court shallorder payments under subsection B of this section if it is determined that:(i) the uncompensated value of the property transferred is $25,000 or less,(ii) that the property transferred was the home of the transferor at the timeof the transfer and the transferor or any of the following individuals residein the home: the transferor's spouse, any natural or adopted child of thetransferor under the age of twenty-one years or any natural or adopted childof the transferor, regardless of age, who is blind or disabled as defined bythe federal Social Security Act or the Virginia Medicaid Program, or (iii)the transferee is without financial means or that such payment would work ahardship on the transferee or his family. If the transferee does not fullycooperate with the investigating agency to determine the nature and extent ofthe hardship, there shall be a rebuttable presumption that no hardship exists.
§ 20-88.02. Transfer of assets to qualify for assistance; liability oftransferees.
A. As used in this section, "uncompensated value" means the aggregateamount by which the fair market value of all property or resources, includingfractional interests, transferred by any transferor after the effective dateof and subject to this section, exceeds the aggregate consideration receivedfor such property or resources.
B. Within thirty months prior to the date on which any person receivesbenefits from any program of public assistance or social services as definedin § 63.2-100, if such person has transferred any property or resourcesresulting in uncompensated value, the transferee of such property orresources shall be liable to repay the Commonwealth for benefits paid onbehalf of the transferor up to the amount of that uncompensated value less$25,000.
C. In their discretion, the heads of the agencies which administer theappropriate program or programs of public assistance may petition the circuitcourt having jurisdiction over the property or over the transferee for anorder requiring repayment. That order shall continue in effect, as the courtmay determine, for so long as the transferor receives public assistance oruntil the uncompensated value is completely repaid. With respect to alltransfers subject to this section, a rebuttable presumption is created thatthe transferee acted with the intent and for the purpose of assisting thetransferor to qualify for public assistance. If the presumption is rebutted,this section shall not apply and the petition shall be dismissed.
D. After reasonable investigation, the agency or agencies administering theprogram of public assistance shall not file any petition, and no court shallorder payments under subsection B of this section if it is determined that:(i) the uncompensated value of the property transferred is $25,000 or less,(ii) that the property transferred was the home of the transferor at the timeof the transfer and the transferor or any of the following individuals residein the home: the transferor's spouse, any natural or adopted child of thetransferor under the age of twenty-one years or any natural or adopted childof the transferor, regardless of age, who is blind or disabled as defined bythe federal Social Security Act or the Virginia Medicaid Program, or (iii)the transferee is without financial means or that such payment would work ahardship on the transferee or his family. If the transferee does not fullycooperate with the investigating agency to determine the nature and extent ofthe hardship, there shall be a rebuttable presumption that no hardship exists.
