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Determine the individual's income using the following rules irrespective of District laws governing division of marital property.

If the individual applies while residing in the community, then the SSR should follow the policies detailed in Chapters 4-8 in Part VI for the appropriate MA category.

If the individual applies while residing in the LTC facility, the SSR should separate the income of the couple and follow the SR policies detailed in Chapters 4-8. The SSR should not deem any income of the community spouse as available to the institutionalized spouse for any month in which the institutionalized spouse is in an institution. In addition, the SSR should subtract the following two allowances (known as the Impoverished Spouse Allowances; see Section 2.6: LTC Income Allowances in this Chapter) in addition to those discussed in Chapter 6: Income Disregards and Deductions in Part VI:

 Community Spouse Monthly Income Allowance (see Section 2.6.6: Community Spouse Monthly Income Allowance in this Chapter) but only to the extent income of the institutionalized spouse is made available to (or for the benefit of) the community spouse; and  family allowance (see Section 2.6.7: Family Members' Monthly Income Allowance in this Chapter) for each family member, including minor or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse.

When a Community Spouse Monthly Income Allowance is not made available to (or for the benefit of) the community spouse, do not deduct the allowance. When determining MA eligibility for the community spouse, include the Community Spouse Monthly Income Allowance in the income of the community spouse. Deduct allowances for other family members, whether or not the institutionalized spouse makes the income available to such persons

Example 1 Mr. Harris is married and lives in the community. He currently does not receive MA. Mr. Harris learns that he may have to enter a LTC facility in the next few weeks because his wife is no longer able to care for him at home. He applies for MA. Since he is living in the community at the time of his MA application, the policies in Chapters 4 - 8 in Part VI apply, and he is not eligible for the Impoverished Spouse Income Allowances. Example 2 Mrs. Bigley is married and lives with her husband. She has a stroke, and her doctors expect her to be in the hospital or a LTC facility for at least 30 days. She applies for MA after her admittance to the LTC facility. Because she is residing in the LTC facility and her husband is living in the community, the Impoverished Spouse Income Allowances are applied when determining her eligibility for MA

LTC INCOME ALLOWANCES 2.6

The LTC Income Allowances are the amounts of monthly income that are set aside for the maintenance needs of the LTC resident and his/her family. They are used when calculating the PPA (see Section 2.14: Patient-Pay Amount (PPA) in this Chapter).

The LTC Income Allowances include the following:

 PNA (see Section 2.6.1: Personal Needs Allowance (PNA) in this Chapter),