A transfer of home property by an applicant for or recipient of long-term care services does not affect eligibility when the transfer is to one of the following individuals:

1. (1) A spouse;
2. (2) A son or daughter under age 21;
3. (3) A son or daughter meeting the SSI definition of blind or disabled;
4. (4) A son or daughter who has resided in the home for at least two years immediately prior to the date the applicant or recipient entered the long-term care facility and who provided care to the applicant or recipient which enabled the applicant or recipient to remain at home rather than enter a medical institution or a skilled or intermediate care facility; or

5. (5) A brother or sister who has an equity interest in the home property and who resided in the home for at least one year immediately prior to the date the applicant or recipient entered the medical institution or a skilled or intermediate care facility.

   Cross-References: Determination of disability, § 67:46:03:18; Determination of blindness, § 67:46:03:19.

Source: 16 SDR 10, effective July 23, 1989; transferred from § 67:16:20:05.01, effective August 23, 1992.

General Authority: SDCL 28-6-1 , 28-6-3.1.

Law Implemented: SDCL 28-6-3.1 , Pub. L. No. 100-360 (102 Stat. 761).