Current through Register Vol. 56, No. 6, March 18, 2024
(a) The monthly resident fee for a married resident is based on the total personal income of the resident, minus allowable deductions. This figure is the net income. Eighty percent of the net income will be the resident fee charged. An additional $ 20.00 or 12 percent of the balance of their monthly income, whichever is less, will be deposited in the welfare fund of the veterans' memorial home.
(b) The community spouse must divulge all sources of the monthly income in order to file for consideration of allowable deductions.
1. If a working spouse has an income greater than the total of the monthly allowable deductions, then the calculations for the married resident will be as for a single resident.
2. Failure to make a full and complete disclosure will constitute a breach of the veterans' memorial home's regulations and may be grounds for removal as provided in 38A:3-6.9.
(c) In the event that each individual of the marriage is a resident, the resident fee for each will be calculated as for single resident and no married deductions will be allowed.
(d) If, at a later date, assets that were not reported upon admission are discovered, they will be added to the net income and worth of the resident, computed retroactively to the date of admission. This may necessitate a recalibration of the resident maintenance fee schedule.
(e) Service connected disability status shall be considered as part of the annual maintenance fee computations.
(f) The allowable deductions for a married resident are as follows:
1. Personal needs allowance;
2. Health and prescription insurance premiums;
3. Court order encumbrances;
4. Rent/primary residence first mortgage or home equity loan: The mortgage/home equity loan must have been in effect 36 months prior to the date of application. Verification of mortgage/home equity loan payment schedule is required. The actual cost of property taxes and insurance for the primary residence will be deducted equally over the 12-month period. Verification shall be required;
5. Second mortgages on the primary residence will not be considered as deductions for computation of the resident maintenance fee, if obtained within 36 months of the submission of an application for admittance. Similarly, second and/or third homes will not be considered as deductions for the computation of the resident maintenance fee;
6. Food deductions shall be $ 400.00 for the community spouse and $ 185.00 per additional dependent per month;
7. Heat/electric deduction shall be based on preceding year usage and cost. The deduction will be divided equally over the 12-month period;
8. Water/sewage deduction shall be the actual annual cost. The deduction will be divided equally over the 12-month period;
9. Automobile/transportation deduction shall be $ 350.00 per month, utilized for car maintenance, not for car purchase payments;
10. Clothing deduction shall be $ 75.00 per month per dependent;
11. Telephone/television/internet service deduction shall be $ 125.00 per month;
12. Trash disposal deduction shall be the actual annual cost. The deduction will be divided equally over the 12-month period;
13. Home maintenance deduction shall be $ 100.00 per month;
14. Prepaid burial fund accounts: Fund allowances shall not exceed a face value of $ 12,000. This deduction can be considered for both the applicant and spouse with verification of payment schedule. If a prepaid burial fund account is not in effect, then a maximum burial account not to exceed a face value of $ 12,000 is to be purchased upon admission and shall be considered an allowable deduction to be divided equally over 24 months;
15. Guardianship/advance directives: The actual cost of legal fees up to a maximum of $ 2,400 may be deducted. This deduction will be divided into 24 monthly installments, which will only be permitted as long as the resident resides in the veterans' memorial home. This deduction will only be approved for a guardianship hearing/advance directive protocol, which was processed no later than one year prior to the date of application. Verification of cost and date of action shall be required; and
16. Other extraordinary expenses or other financial issues as may be individually approved by the Director of Veterans' Healthcare Services.
(g) No deduction beyond the approved listing shall be permitted until all accountable assets, to include the personal needs account, are depleted.
(h) Any interest or payment received from a trust transfer will be treated as income. Furthermore, in situations where a trust or transfer of assets has occurred within 36 months of submitting an admission application, the value of the trust and/or assets will be deemed an accountable asset for the balance of the 36-month period.
