# 89 Ill. Adm. Code 240.820: Section 240.820 Asset Transfers

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_820

## Section

- **Citation:** 89 Ill. Adm. Code 240.820
- **Heading:** Section 240.820 Asset Transfers
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER II: DEPARTMENT ON AGING / Part 240 COMMUNITY CARE PROGRAM / Section 240.820 Asset Transfers

## Text

Section 240
Section 240.820  Asset
Transfers
a)         The following transactions are considered transfers of assets:
1)         when a participant buys, sells or gives away real or personal
property; or
2)         if the participant changes the way real or personal property
is held.
b)         Transfers of assets that are exempt at the time of transfer do
not affect eligibility.
c)         Transfers of non-exempt assets completed within 60 months before
the date of request for CCP services shall be considered in determining
eligibility.  If a fair market value was not received, the value of the
transferred asset shall be considered toward non-exempt assets and any excess
amount shall be considered available to meet service costs unless it is proven
that the participant did not transfer the property to qualify for or increase
the need for CCP.
1)         If real property was transferred, fair market value is to be
determined by use of statements from reputable realtors or other community
members recognized as knowledgeable of property value (e.g., bankers, tax
assessors, auctioneers).
2)         If personal property was transferred, fair market value is to
be determined by use of a statement from an institution having knowledge of the
property at the time of the transfer, or from an individual who has specific
knowledge of the transfer and/or the value of the asset at the time of the
transfer.
3)         Factors to be considered when determining whether a transfer
of property was made to qualify for or increase the need for CCP include but
are not limited to:
A)        the participant's physical and mental condition at the time of
transfer;
B)        the participant's financial situation at the time of transfer;
C)        the participant's need for services at the time of transfer;
D)        changes in the participant's living arrangements at the time of
transfer; and
E)        how soon after the transfer the participant applied for
services
ted to:
A)        the participant's physical and mental condition at the time of
transfer;
B)        the participant's financial situation at the time of transfer;
C)        the participant's need for services at the time of transfer;
D)        changes in the participant's living arrangements at the time of
transfer; and
E)        how soon after the transfer the participant applied for
services.
d)         If after consideration of these factors the participant is
ineligible, the period of ineligibility begins at the date of request for
services for participants and the date of termination for participants.  The
period of ineligibility lasts from the initial date for as long as the asset
would meet the cost of CCP services if it were available to the participant,
but in no case shall it last longer than 60 months after the date of transfer.
e)         A participant determined ineligible under subsection (d) may
become eligible if the following occurs:
1)         the property is reconveyed to the participant; or
2)         an adequate consideration is paid to the participant.
f)         It shall be the responsibility of a participant to report all
property transfers to the CCU within five days after the date of the
transaction.
g)         If an unreported transfer of property was made by a
participant within 60 months prior to the date of request for services or was
made after the submission of the request for services but before CCP services
were authorized, and services to which the participant was not entitled were
received as a result of the failure to report the transfer, services shall be
terminated.
h)         Involuntary transfers do not affect eligibility.
i)          When the property transfer was made to obtain support or
care, and the terms of the agreement are being met, only those needs not
included in the agreement may be met through CCP
services to which the participant was not entitled were
received as a result of the failure to report the transfer, services shall be
terminated.
h)         Involuntary transfers do not affect eligibility.
i)          When the property transfer was made to obtain support or
care, and the terms of the agreement are being met, only those needs not
included in the agreement may be met through CCP.
j)          Transfers because of separation, divorce or other settlement
shall not affect eligibility if:
1)         they
are court ordered; or
2)         if there is no court order and the participant and their
spouse divide the property in half.
k)         Transfers from an individual bank account to a joint bank
account do not affect eligibility if the participant retains access to the
money and the money continues to be used for the participant's needs.
l)          Income tax refunds are available assets.  If the refund is
based on a joint income tax return, one-half of the refund is to be considered
as belonging to the participant.

## Nearby sections

- [89 Ill. Adm. Code 240.800 Section 240.800  Financial Factors](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_800.md)
- [89 Ill. Adm. Code 240.810 Section 240.810  Assets](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_810.md)
- [89 Ill. Adm. Code 240.815 Section 240.815  Exempt Assets](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_815.md)
- [89 Ill. Adm. Code 240.820 Section 240.820  Asset Transfers](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_820.md)
- [89 Ill. Adm. Code 240.825 Section 240.825  Income](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_825.md)
- [89 Ill. Adm. Code 240.830 Section 240.830  Unearned Income Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_830.md)
- [89 Ill. Adm. Code 240.835 Section 240.835  Earned Income](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_835.md)
- [89 Ill. Adm. Code 240.840 Section 240.840  Potential Retirement, Disability and Other Benefits](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_840.md)
- [89 Ill. Adm. Code 240.845 Section 240.845  Family](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_845.md)
- [89 Ill. Adm. Code 240.850 Section 240.850  Monthly Average Income](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_850.md)
- [89 Ill. Adm. Code 240.855 Section 240.855  Applicant/Client Expense for Care (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_855.md)
- [89 Ill. Adm. Code 240.860 Section 240.860  Change in Income](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_860.md)
- [89 Ill. Adm. Code 240.865 Section 240.865  Application For Medical Assistance (Medicaid)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_865.md)
- [89 Ill. Adm. Code 240.870 Section 240.870  Determination of Applicant/Client Monthly Expense for Care (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_870.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P240_S240_820. Check the current official text before relying on it. Not legal advice.