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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 69 An individual who is in a medical institution or nursing facility and is married to a spouse who is not in a medical institution or nursing facility. 9 DE Reg. 1187 (02/01/06) 9 DE Reg. 1565 (04/01/06) 10 DE Reg. 701 (10/01/06) 10 DE Reg. 1619 (04/01/07) 20910.2 Community Spouse An individual who is married to an institutionalized spouse. 9 DE Reg. 1187 (2/1/06) 9 DE Reg. 1565 (04/01/06) 23 DE Reg. 871 (04/01/20) 20910.3 Family Member A minor or dependent child, dependent parent, or dependent sibling (including half-brothers and half-sisters) of either spouse and who is living with the community spouse. A dependent is a family member who may be claimed as a dependent by either spouse for tax purposes under the Internal Revenue Code. 20910.4 Minimum Monthly Maintenance Needs Allowance An allowance for the community spouse which, effective 7/1/92, equals 150% of Federal Poverty Level for two plus an excess shelter allowance. (Prior to 7/1/92 the allowance was 133% of the FPL for two plus excess shelter.) The minimum maintenance needs allowance will change annually (every July) based on the FPL and the cap on the maintenance allowance will change annually (every January) based on the consumer price index. See Allowances Chart. 20910.5 Excess Shelter Allowance The amount by which the spouse's expenses for rent or mortgage payment, property taxes, and homeowner's insurance plus the Food Stamp standard utility allowance (SUA) exceeds 30% of the applicable percent of the FPL for two. 20910.6 Community Spouse Monthly Income Allowance The amount of income needed to bring the monthly income of the community spouse up to the minimum maintenance needs allowance. 20910.7 Monthly Income of the Community Spouse Income that is "otherwise available" to the community spouse. "Otherwise available income" includes income that would be used if eligibility was being determined for the community spouse, i.e. gross income. Exception: Do not count as income to the community spouse the amount that the institutionalized spouse who is a veteran pays for the medical needs of the community spouse. 20910.8 Family Allowance The amount of income needed to bring a family member's monthly income up to 1/3 of the applicable percent of the FPL for two. Each family member is entitled to a family allowance. 20910.9 State Spousal Share The state spousal share is the minimum amount of the couples' combined countable resources necessary to maintain the community spouse. 20910.10 Community Spouse Resource Allowance The community spouse resource allowance is the amount of resources equal to whichever is greater: $25,000.00 (current state spousal share) OR 1/2 of the value of the couple's combined countable resources as of the beginning of the first continuous period of institutionalization on or after 9/30/89, but no more than current maximum resource allowance determined by Federal law. The minimum and maximum resource allowances increase on January 1 of each year by Federal law. Delaware Senate Bill 99 increased the minimum resource allowance from $14,148 to $25,000 for applications filed on or after 10/1/93. If the share belonging to the spouse in the community is less than $25,000, the institutionalized spouse's resources are deemed available to the community spouse to bring the community spouse’s resources up to $25,000 for initial eligibility determinations. Any amount above the Maximum Resource Allowance determined by Federal law is considered available to the institutionalized spouse for the purpose of Medicaid eligibility determination. 20930 Resource Assessment and Eligibility