8242 Other Resource Provisions -
If the community spouse is also
an applicant or recipient of any medical program (including HCBS),
the community spouse resource allowance is considered available to
the community spouse to determine eligibility of the community spouse,
beginning in the month the arrangement begins. This includes those
assets in which the community spouse has no current ownership interest.
If the couple’s total combined resources are less than the minimum
resource allowance, the total combined resources less the one person
resource standard (currently $2,000) is considered available to the
community spouse.
In the month following the first month of eligibility of the LTC spouse,
only those assets in which the applicant or recipient has ownership
interest in shall be considered for determining eligibility of each
individual spouse. Those assets which intend to be transferred to
the community spouse per the Notice of Intent to Transfer Resources
are attributable to the community spouse when determining his or her
eligibility. The pro rata share of jointly owned resources shall be
considered.
This also applies if both the husband and wife have been assessed in
need of and chosen HCBS. In this case, the couple shall designate
the community spouse and the LTC spouse. Consideration shall also
be given to the income allocation allowances when making this decision.
8243 Income Provisions -
When a husband and/or wife is to
enter an HCBS living arrangement for at least 30 consecutive days,
only the separate income of each spouse shall be used in determining
the eligibility for either spouse beginning with the month the choice
to receive HCBS services is made or services begin, whichever is earlier.
In the case of income which is received in both names, of the income
shall be considered available to each unless otherwise established.
In the case of income which is received by either or both spouses
and to another person or persons, the income shall be considered available
to each spouse in proportion to their interest or equally divided
if the interest is not specified.
See also item (3) below for allocation of income.
Income identifiable as belonging
specifically to a child in an HCBS arrangement (such as Social Security
and VA benefits) must be considered (unless otherwise exempt) as available
to the child in determining eligibility regardless of who is payee.
When a child will enter an HCBS living arrangement, income of the
parent(s) shall not be considered available to the child in determining
eligibility beginning with the month choice to receive HCBS services
is made. Upon termination of the HCBS arrangement, the parents' income
shall again be considered beginning with the month following the month
HCBS services end.
All income allocated by an individual in an HCBS arrangement for the support of a minor child who is not living with a community spouse (or where a community spouse does not exist) and who is without sufficient income to meet his or her maintenance needs shall be exempt. If there is a community spouse or a community spouse and minor child in the home, income shall be allocated in accordance with the spousal impoverishment provisions of 8244.2.
The amount of the allocation when added to the nonexempt
gross earned and unearned income of the children and any legally responsible
person with whom they live cannot exceed the federal protected income
level for the appropriate number of persons in independent living.
Income exempt under the provisions of 6410
and subsections shall not be considered. Allocation will be permitted
even though it may render the children ineligible for cash assistance
or SSI.
If requested, eligibility of the children for medical will be determined based on their resources and considering the allocated amount as income. A separate application is required. Ineligibility of the child for medical does not prevent the individual receiving HCBS from allocating.