Allow a deduction from non-SSI income to meet the needs of a dependent family member(s) who does not have enough income to meet his or her own needs.
To qualify for the allowance, the dependent family member(s) must live with the community spouse. Dependent family members can include either spouse's children under age 21, adult children, parents, or siblings. Dependent means the person is claimed by either spouse for tax purposes.
Do not allow this deduction from SSI income. If the customer has SSI and another income source, only allow a deduction up to the amount of the other income. Allow this deduction regardless of the extent that it is made available to, or for the benefit of, the family member(s).
The Family Maintenance Needs Allowance is 1/3 of the difference between the maintenance needs standard of $1,966.25 per family member and each family member's gross income. If there is more than one dependent family member, total the allowances for each member.
Deduct the amount established as the Family Maintenance Needs Allowance when determining the amount of countable income to apply to medical care costs.
For a customer applying for or receiving DoA HCBS waiver services, do not allow a deduction for the Family Maintenance Needs Allowance if:
- the customer would be enrolled with a spenddown and countable monthly excess income to apply to medical care costs is greater than $1,800 (after allowing for the Community Spouse Maintenance Needs Allowance and/or the Family Maintenance Needs Allowance); or
- the customer would be enrolled with a spenddown and excess nonexempt resources are greater than $17,500 (after allowing for the Community Spouse Resource Allowance and the $2,000 resource limit); or
- the customer is subject to a penalty period due to a non-allowable resource transfer.