A medical condition that significantly limits a person’s physical or mental abilities to do basic work activities. (see MA509)

The customer’s legal marriage to the spouse. See MA520 for proof needed.

The transfer was  for the sole benefit of the spouse.

This proof must be in the form of a written document that legally binds the parties to a specific course of action, like trust documents and quit-claim deeds. The document must meet both of the following:

·        The document must clearly set out the conditions of the transfer and who can benefit from it; AND

·        Unless the trust is a Special Treatment Trust, the document must include a spending plan for the benefit of the spouse.  The spending plan must provide that the full value of the transfer will be received by the spouse within his or her expected life span.

NOTE          Without such a document, a transfer cannot be considered as made for the sole benefit of the spouse.

The child’s relationship to the customer. Proof includes birth certificates, court documents and church records.

When the child is a step-child proof is needed of:

·        The child’s relationship to the customer's spouse; AND

·        The customer's marriage to the child’s parent

NOTE          The death of the child’s parent does not terminate the step-parent’s relationship

The child’s qualifying disability. Proof includes:

·        Electronic confirmation from Social Security;

·        Award letters showing the child receives Social Security Disability benefits or SSI-Cash based on disability;

·        PAS approval; or

·        SMI determination

In addition to the items above, if the transfer was made to a trust, a copy of the trust document, showing that:

·        The trust is for the sole benefit of the customer’s child;

·        The trust clearly sets out the conditions of the transfer and who can benefit from it; and

NOTE      Unless it is a Special Treatment Trust, the trust includes a spending plan for the benefit of the child that is actuarially sound.

The person’s qualifying disability. Proof includes:

·        Electronic confirmation from Social Security;

·        Award letters showing the child receives  Social Security Disability benefits or SSI-Cash based on disability;

·        PAS approval; or

·        SMI determination

The date of birth of the person. Proof includes:

·        Electronic confirmation from Social Security;

·        Birth records,or

·        Driver’s license or other government-issued ID that lists a date of birth.

A copy of the trust document that meets the Special Treatment Trust requirements (see MA803 – Special Treatment Trusts).

42 USC 1396p(c)(2)(A), (B) and (C)

42 USC 1396p(c)(3)

AAC R9-28-401 and 409