Section 850. Post-eligibility resource transfers

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After an initial determination of eligibility and during the protected period specified in 12VAC30-110-860, an institutionalized spouse may transfer to his community spouse resources equal to the community spouse resource allowance which are not already titled to the community spouse. Any resource owned by the institutionalized spouse which is not transferred pursuant to this section and which the institutionalized spouse does not actually make available to meet the community spouse's needs shall be deemed available to the institutional spouse for the purpose of determining continuing eligibility.

Historical Notes

Derived from VR460-04-8.6 § 2.13, eff. October 1, 1991; amended, Volume 12, Issue 09, eff. March 1, 1996; Volume 17, Issue 13, eff. April 11, 2001.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

                    
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