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2 TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE

Benefits under this regulation are limited to persons who received SSI/SSP and SSA concurrently and who would still be eligible for SSI/SSP but for their SSA COLAs received since they lost eligibility for SSI/SSP.

Only COLAs are disregarded; any other increase in RSDI benefits must not be disregarded.

Only those COLAs which occurred after April 1977, and which were received since loss of SSI/SSP eligibility will be disregarded in determining continuing Medicaid eligibility.

* Any COLA received by an ineligible spouse or responsible relative of the aged, blind or person with a disability, since that individual lost SSI eligibility must also be disregarded.* 15 DE Reg. 202 (08/01/11)

17140.2 Computation of COLA Disregard

Starting with the current Title II benefit amount, the aggregate Title II COLAs received by the applicant since he lost SSI/SSP can be calculated using the COLA chart. This chart provides the percentage of each Title II COLA from July 1977 (the first year in which the Pickle amendment was effective) to the present (17140.2.1).

To determine the applicant's aggregate Title II COLAs received by the applicant since he lost SSI/SSP (while continuing to receive Title II benefits), first divide the current Title II benefit amount by the percentage amount of the previous year's cost- of- living increase. This will provide the person's benefit level prior to the COLA. This computation is then repeated for each Title II COLA received after the applicant was last discontinued from SSI/SSP.

When the last computation is completed, the result in most cases will be the Title II benefit amount the applicant was receiving when he lost SSI/SSP. This amount is then subtracted from the current Title II benefit amount. The result of this subtraction is the aggregate Title II COLAs the applicant received after losing SSI/SSP. The same computation must be made to determine the amount of the COLAs received by an ineligible spouse or responsible relative since the "Pickle Amendment" applicant lost SSI eligibility. The aggregate COLAs are then subtracted from the applicant's countable income to determine whether his income would be below the SSI/SSP benefit rate. If it is, and if he meets all other requirements for eligibility for SSI/SSP, he is eligible for categorical Medicaid under the Pickle Amendment.

A redetermination is required at least every 12 months. 17140.2.1 Computation of COLA Disregard for Pickles Current Title II Benefit 1.014 = Benefit before 1/03 COLA Current Title II Benefit 1.026 = Benefit before 1/02 COLA Current Title II Benefit 1.035 = Benefit before 1/01 COLA Current Title II Benefit 1.024 = Benefit before 1/00 COLA Current Title II Benefit 1.030 = Benefit before 1/99 COLA Current Title II benefit 1.021 = Benefit before 1/98 COLA Current Title II benefit 1.029 = Benefit before 1/97 COLA Current Title II benefit 1.026 = Benefit before 1/96 COLA Current Title II benefit 1.028 = Benefit before 1/95 COLA Current Title II benefit 1.026 = Benefit before 1/94 COLA Current Title II benefit 1.030 = Benefit before 1/93 COLA Current Title II benefit 1.037 = Benefit before 1/92 COLA Current Title II benefit 1.054 = Benefit before 1/91 COLA Benefit before 1/91 COLA 1.047 = Benefit before 1/90 COLA Benefit before 1/90 COLA 1.041 = Benefit before 1/89 COLA Benefit before 1/89 COLA 1.042 = Benefit before 1/88 COLA