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Chapter 10 - Institutional Status INTRODUCTION 10.1
Certain individuals are not eligible for program benefits when living in an institution. This chapter explains how institutional status affects a person's eligibility.
'Entire calendar month’ means a period that begins any time on the first day of a calendar month and ends any time on the last day of the same month.
A person residing in a facility which provides its residents more than 50 percent of their meals is not eligible for FS unless the person:
• is a resident of private or public shelters for the homeless; • is a resident of federally-subsidized housing for the elderly; • is a resident of a facility or treatment center that is providing him/her regular treatment or rehabilitation for alcohol or drug addiction; o This includes children who are living with a person receiving treatment in a drug or alcohol facility but it does not include the spouse of a person receiving drug or alcohol treatment; • is disabled or blind and is a resident in a group living facility; or • is a woman or woman and her child(ren) who are temporarily living in a shelter for battered women and children.
LEGAL AUTHORITY 10.2 AREA/TOPIC DISTRICT FEDERAL Institutional MA: 42 USC 1396a(a)(10); 42 USC 1396r-5 Status TANF: 45 CFR 260.20(b); 45 CFR 263(b)(2) FS: 7 USC 2012(i); 7 CFR 273.1(c)(6); 273.1(e); 273.11(e); 273.11(f); 273.11(g); 273.11(i)
ADOPTION ASSISTANCE 10.3 MA Children receiving adoption assistance payments are categorically eligible for Medicaid (see Chapter 12: Categorical Eligibility in this Part). TANF Children receiving adoption assistance payments are ineligible for benefits. When determining the eligibility and benefits of other household members, none of the child's income or assets (including the adoption assistance payment) is considered available to the group. GC See TANF FS Children receiving adoption assistance payments are included like any other child. If the child is included in the unit, all income and assets of the child (including the adoption assistance payments) are counted when determining the group's eligibility and benefits.