2-009.07B4b Time Limits for Liquidation
469 NAC 2-009.07B4b
The worker must exclude real property which the client is making a good faith effort to sell.
First the worker must determine if the individual has the legal authority to liquidate the property. If not, the client is allowed 60 days to initiate legal action to obtain authority to liquidate (see 469 NAC 2-009.02A). If the client owns the property with other persons, see 469 NAC 2-009.07B4b(2).
Once the client has the legal authority to liquidate the property, the worker must obtain the client's signature on the Agreement to Sell Real Property and Repay Assistance. The client is allowed six calendar months to liquidate the real property. If the client refuses to sign the Agreement to Sell Real Property and Repay Assistance, s/he is immediately ineligible because of excess resources.
The six-month period begins with the month following the month in which the Agreement to Sell Real Property and Repay Assistance is signed. Once the Agreement to Sell Real Property and Repay Assistance is signed, the six calendar months are counted, whether or not the client is receiving assistance. If after the Agreement to Sell Real Property and Repay Assistance is signed the client goes into current pay status for SSI, the Agreement to Sell Real Property and Repay Assistance is void. If the client later goes into non-pay status for SSI, a new Agreement to Sell Real Property and Repay Assistance is signed and a new six-month liquidation period is established.
If the client moves back to the home and subsequently moves out again during the six-month period, s/he is only allowed the months remaining in the original six-calendar month period.
One liquidation period is allowed for each piece of real property that is determined to cause excess resources, even if the case is closed and subsequently reopened.
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