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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 57 a surviving spouse; surviving son or daughter who is blind or disabled as defined in accordance with the disability rule of the federally administered Supplemental Security Income (Title XVI of the Social Security Act) who was residing in the home on a continuous basis immediately prior to the death of the individual; or Child under age 21. NOTE: If DHSS cannot seek recovery after the recipient's death due to the exceptions noted above and DHSS cannot recover from the estate due to Title 12 of the Delaware Code, Section 2102, no further action will be taken to recover. 20500.5.2 Lien Recovery Exceptions DHSS shall not seek recovery in the case of a lien on an individual’s home when there is: a son or daughter over the age of 21 lawfully residing in the home of the recipient, who has resided there for a period of at least two years immediately prior to the date of the recipient’s admission to a long-term care service, who has lawfully resided there on a continuous basis since that time, and who can establish to the Department’s satisfaction that he or she provided the care that permitted the recipient to reside in the home rather than in a long-term care facility or Sibling lawfully residing in the home of the recipient for one (1) years (12 months) immediately prior to the recipient’s admission for long term care services. NOTE: DHSS can seek recovery from other assets in the estate. 20500.5.3 Undue Hardship 20500.5.3.1 Recovery Waiver 20500.5.3.2 Individuals Eligible for Recovery Waiver 20500.5.3.1 Recovery Waiver In cases of undue hardship, recovery may be waived for the period of the hardship. Undue hardship exists for certain individuals who have resided in the home of the DHSS long term care recipient on a continuous basis for a period of at least two (2) years (24 consecutive months) immediately prior to the date of the DHSS long-term care recipient's admission to DHSS long term care services. 20500.5.3.2 Individuals Eligible for Recovery Waiver These individuals are limited to a civil union partner, children, grandchildren, parents, or siblings of the DHSS long-term care recipient who meet 1 of the following conditions: Receive any Federal or State funded assistance for living expenses (examples: SSI, AFDC, VA Aid and Attendance) and have no other home to which they can return. Or Have total family income less than or equal to 200% of the current monthly Federal Poverty limit, and have total family resources that can be converted to cash less than or equal to $3,000, including any real property that they own. Or DHSS will also not recover if the real property that is held in ownership with a civil union partner, children, grandchildren, siblings or parents constitutes a business that contributes to the livelihood of that other individual or his/her dependents or heirs. NOTE. The waiver for recovery will exist as long as one of the above conditions continues to be met and as long as the above described individuals reside in the DHSS long-term care recipient’s home on a continuous basis. The maximum amount to be recovered will be the total of funds disbursed or incurred by DHSS with any Federal matching dollars during the time an individual receives long-term care services from DHSS. 16 DE Reg. 423 (10/01/12) 20500.6 Liens DHSS will place a lien against the real property of recipients who are inpatients in a nursing facility, intermediate care facility for individuals with developmental disabilities or other medical institution whose property does not meet the exemption or undue hardship conditions. NOTE: The lien policy does not apply to recipients of Long Term Care Community Services or Division of Developmental Disabilities Services Waiver unless they become institutionalized. 16 DE Reg. 423 (10/01/12) 20500.6.1 Exceptions to the Lien Policy