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58 TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 1. Clients intending to return home within sixty (60) days of their admission date to a facility. a) If the stay in the facility is sixty (60) days or more, DHSS will place a lien on the property. b) The lien on the property will be released if the patient is discharged after sixty (60) days and returns to live in the home. 2. DHSS will not file a lien as long as the following individuals lawfully resided in the home before the date of application for long term care services and continue to reside in the home while the applicant receives long term care services: a) Husband or wife of the applicant or recipient (NOTE: Common law marriages are not recognized by the Courts of Delaware). b) A Civil Union Partner; c) 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). d) Child under age 21 who is lawfully residing in the home. e) Sibling lawfully residing in the home for 1 year (12 months) immediately prior to admission to a long term care facility and who has equity in the property. 3. DHSS will also not file a lien if the real property that is held in ownership with a civil union partner, children, grandchildren, siblings or parents constitutes a business which contributes to the livelihood of that other individual or his/her dependents or heirs. 9 DE Reg. 1076 (01/01/06) 16 DE Reg. 423 (10/01/12) 20500.7 Undue Hardship In cases of undue hardship, liens against the real property of DHSS long-term care recipients shall be filed, but a moratorium established on the lien. 20500.7.1 Residency This means DHSS will not force the sale of the property. 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. 20500.7.2 Eligible Individuals These individuals are limited to children, grandchildren, parents, or siblings of the DHSS long-term care recipient who meet 1 of the following conditions: a. 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 b. 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. 20500.7.3 Moratorium The moratorium on imposing the lien on the home will exist as long as the hardship condition 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. 20600 Post-Eligibility Definitions/Procedures 20610 Definitions 20610.1 Gross Unearned Income 20610.2 Gross Earned Income 20610.3 Regularly Employed or Regularly Attends 20610.4 Income Protection 20610.1 Gross Unearned Income Total amount of benefit before deductions. Examples of deductions are: Medicare premiums, health insurance premiums, life insurance premiums, etc. Gross income is always used in determining eligibility. 20610.2 Gross Earned Income Income before taxes or other deductions such as insurance premiums, savings, union dues, etc. Gross wages are used to determine eligibility. 20610.3 Regularly Employed or Regularly Attends