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5.10.5 income

5.10.5.1 Nontrust Income

5.10.5.2  Trust Income

 

The income Income is anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter. limit is the same as for institutionalized persons who don't have a community spouse.  See  8.1.5.

5.10.5.1 Nontrust Income

Count non-trust income as belonging to the person who receives the payment.

 

  1. If the payment is received in both spouses' names, count half for each.

 

  1. If the payment doesn't specify the payee, count half for each spouse.

 

  1. If the payment is shared with others, count amounts equal to each spouse's proportionate share.

 

Count as income to the institutionalized spouse any income that the community spouse actually makes available to him/her, whether voluntarily or under a court order.

 

5.10.5.2  Trust Income

Follow the specific terms of the trust as to which spouse is the payee and what percentage of the income belongs to him/her.  If the percentage is unspecified, consider half the payment to belong to each spouse.  If any trust income goes to dependent family members, attribute it to whom it is assigned; if it isn't assigned to a specific family member, divide it equally between those who receive it.

 

 

This page last updated in Release Number: 04-03

Release Date: 08/02/04

Effective Date: 08/02/04