Virginia Administrative Code
Title 12 - HEALTH
Agency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Chapter 110 - ELIGIBILITY AND APPEALS
Part V - Married Institutionalized Individuals' Eligibility and Patient Pay
Subpart II - Resource Assessments And Eligibility
Article 4 - ncome
Section 12VAC30-110-930 - Determining income
Universal Citation: 12 VA Admin Code 12VAC30-110-930
Current through Register Vol. 41, No. 3, September 23, 2024
A couple's income shall be determined as follows, without regard to state laws governing community property or division of marital property:
1. Income from nontrust property. Unless a department hearing officer determines that the institutionalized spouse has proven to the contrary by a preponderance of the evidence:
a. Income paid to one spouse
belongs to that spouse;
b. Each
spouse owns one-half of all income paid to both spouses jointly;
c. Each spouse owns one-half of any income
which has no instrument establishing ownership;
d. Income paid in the name of either spouse,
or both spouses and at least one other party, shall be considered available to
each spouse in a proportionate share. When income is paid to both spouses and
each spouse's individual interest is not specified, one-half of their joint
interest in the income shall be considered as available to each
spouse.
2. Income from trust property. Ownership of trust property shall be determined pursuant to the State Plan, except as follows:
a. Each member
of a couple owns the income from trust property in accordance with the trust's
specific terms.
b. If a trust
instrument is not specific as to the ownership interest in income, ownership
shall be determined as follows:
(1) Income
paid to one spouse belongs to that spouse;
(2) One-half income paid to both spouses
shall be considered available to each spouse;
(3) Income from a trust paid in the name of
either spouse, or both spouses and at least one other party, shall be
considered available to each spouse in a proportionate share. When income from
a trust is paid to both spouses and each spouse's individual interest is not
specified, consider one-half of their joint interest in the income as available
to each spouse.
Statutory Authority
§ 32.1-325 of the Code of Virginia.
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