WAG 15-04-04-a
Allow a deduction from income to meet a community spouse's needs when the community spouse does not have enough income to meet their own needs. Do not allow this deduction from SSI. If the client has SSI and another income source, only allow a deduction up to the amount of the other income.
The Community Spouse Maintenance Needs Allowance is the maintenance needs standard of $2,739 minus the community spouse's gross income. This amount applies unless a court order requires support in a greater amount or as the result of a fair hearing.
This deduction is not mandatory and is only allowed to the extent income is actually contributed to the community spouse.
Deduct the amount established as the Community Spouse Maintenance Needs Allowance when determining the amount of countable income to apply to medical care costs.
For a client applying for or receiving DoA HCBS waiver services, do not allow a deduction for the Community Spouse Maintenance Needs Allowance if:
- the client 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 client would be enrolled with a spenddown and excess nonexempt assets are greater than $17,500 (after allowing the Community Spouse Asset Allowance and the $2,000 asset limit); or
- the client is subject to a penalty period due to a nonallowable asset transfer.
