CODE OF VIRGINIA

TRANSFER OF ASSETS TO QUALIFY FOR ASSISTANCE; LIABILITY OF TRANSFEREES (§
20-88.02)

A. As used in this section, “uncompensated value” means the
aggregate amount by which the fair market value of all property or resources,
including fractional interests, transferred by any transferor after the
effective date of and subject to this section, exceeds the aggregate
consideration received for such property or resources.

B. Within thirty months prior to the date on which any person receives benefits
from any program of public assistance or social services as defined in §
63.2-100, if such person has transferred any property or resources resulting in
uncompensated value, the transferee of such property or resources shall be
liable to repay the Commonwealth for benefits paid on behalf 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 the
appropriate program or programs of public assistance may petition the circuit
court having jurisdiction over the property or over the transferee for an order
requiring repayment. That order shall continue in effect, as the court may
determine, for so long as the transferor receives public assistance or until the
uncompensated value is completely repaid. With respect to all transfers subject
to this section, a rebuttable presumption is created that the transferee acted
with the intent and for the purpose of assisting the transferor 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 the
program of public assistance shall not file any petition, and no court shall
order 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 time of the
transfer and the transferor or any of the following individuals reside in the
home: the transferor’s spouse, any natural or adopted child of the
transferor under the age of twenty-one years or any natural or adopted child of
the transferor, regardless of age, who is blind or disabled as defined by the
federal Social Security Act or the Virginia Medicaid Program, or (iii) the
transferee is without financial means or that such payment would work a hardship
on the transferee or his family. If the transferee does not fully cooperate with
the investigating agency to determine the nature and extent of the hardship,
there shall be a rebuttable presumption that no hardship exists.

HISTORY: 1992, c. 662; 2002, c. 747.