Current through Register Vol. 56, No. 18, September 16, 2024
(a) Except as
specified below, countable income for SSI-related cases shall be determined in
accordance with regulations applicable to income in Medicaid Only--Aged, Blind,
and Disabled (see N.J.A.C. 10:71-5).
1. The
disregard of cost-of-living increases in Social Security benefits provided for
in 10:71-5.3(a)7 x
and xi do not apply in the Medically Needy Program.
2. The deeming of the income of an alien's
sponsor as provided for at
10:71-5.9 does not
apply.
(b) Nonrecurring
lump sum income received by an SSI-related budget unit shall be counted as
income in the month received and any portion retained shall be counted as a
resource in subsequent months. The receipt of such income will require a
recomputation of eligibility for the remaining months of the eligibility
period, except as follows:
1. No portion of a
cash reward provided to any individual by the Division for providing
information about fraud and/or abuse in any program administered in whole or in
part by the Division shall be included in the computation of income for
financial eligibility purposes.
(c) In the following circumstances, an
SSI-related case will have the value of in-kind support and maintenance counted
as unearned income.
1. Any SSI-related adult,
who would in accordance with rules at
10:71-5.6(c) be
determined to be "living in the household of another", shall be considered to
have unearned income in the amount specified at
10:71-5.4(a)12
less $ 20.00. The amount of income so assigned is not rebuttable.
2. Any SSI-related person other than those
addressed in (c)1 above, to whom food or shelter is given or paid for by
someone other than by a spouse, a parent, or a minor child residing in the same
household, shall be presumed to receive in-kind support and maintenance. The
presumed value of the support and maintenance will be the values specified at
10:71-5.4(a)12.
The presumed value so assigned may be rebutted in accordance with provisions of
that subsection.
(d) In
accordance with the rules at
10:71-5.5, the income of an
ineligible spouse shall be deemed to the eligible spouse when they are residing
in the same household. Income of the parent(s) of an SSI-related child under
the age of 18 residing in the same household shall be deemed available to the
child in the determination of eligibility for Medically Needy benefits. Income
shall not be deemed from any person whose income is counted in determining
income eligibility for an AFDC-related case which is eligible for the Medically
Needy Program.
1. When an ineligible spouse's
income must be deemed to both an SSI-related spouse and an SSI-related child,
the income of the ineligible spouse is deemed to the SSI-related spouse to the
extent that the total income of the SSI-related spouse equals the MNIL for two
persons. The excess income of the ineligible spouse is deemed to the
SSI-related child. The eligibility of the SSI-related child is based on a
budget unit of one person. Allowable incurred medical expenses of the
ineligible spouse shall be applied to the spend-down liability, if any, of the
SSI-related child.
2. When parental
income must be deemed to more than one SSI-related child, income shall be
deemed in accordance with the following model based on two SSI-related
children. Income to child A is deemed to the extent that the child's total
income equals the MNIL for a budget unit of one person. The remaining deemed
income shall be deemed to child B. Child A's eligibility will be based on a
budget unit of one person (with no spend-down liability) and child B's
eligibility will be based on a budget unit of one and the allowable incurred
medical expenses of the parents applied to child B's spend-down liability if
any. For additional SSI-related children, deeming of income would be to the
MNIL for one person for each additional child.
