1040.020.00 Determination of Transfer of Assets

1040.020.40.05 Multiple Periods of Ineligibility

IM-63 March 28, 2019; IM-40 May 11, 2018; IM-42 June 23, 1994

Multiple periods of ineligibility are to be served consecutively, rather than concurrently. Periods of ineligibility resulting from transfers may not overlap any other period of ineligibility due to transfers. Determine the length of each period independently. If all the transfers occurred in the look-back period, the period of ineligibility for the first transfer begins in the month the participant was determined eligible, except for the transfer. The period of ineligibility for the next transfer begins in the month following the month in which the first penalty period ended, or the month of the next transfer, whichever is later.

EXAMPLE:  From the example above, Mr. Anderson additionally gave his sister Barbara $40,000 cash in June of 2017. This will result in an additional period of ineligibility which begins immediately following the end of the previous period of ineligibility.