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Chapter: 2200 Standard Filing Unit Program: MSSI, SFP 35 2240.0604.13 Definition of Spouse for Allocation Purposes (MSSI) The following policy is applicable only to ICP, MEDS-ICP, Institutional Hospice, HCBS, Community Hospice and PACE.

There must be a legally recognized relationship to be a spouse for allocation purposes. 2240.0604.14 Changes in Marital Relationships (MSSI, SFP) If there is a change in the marital relationship between two eligible individuals, that change will be treated as follows:

1. If two individuals marry (or start living together and holding themselves out as husband and wife), they will be considered to be an eligible individual and eligible spouse, assuming the other requirements are still met. They will be treated as a married couple beginning with the month following the month in which the parties were either married or started living together and holding themselves out to the community as married.

2. When a couple has been considered as an eligible individual and eligible spouse, and either the marital relationship terminates or the parties separate, each of the parties who still meets the requirements for MSSI will be treated as an eligible individual beginning with the month following the month of separation. If both are residing in the same institution, they can choose whether to be considered as a couple or as individuals.

3. A marriage is terminated by the death of either spouse or by a divorce or an annulment. When a marriage is terminated, the remaining spouse(s) will be considered unmarried. Beginning with the month following the month of death or the month following the month in which the divorce or annulment becomes final, an eligible spouse may qualify as an eligible individual, assuming the other requirements are met. 2240.0605 Definition of a Parent (MSSI) A parent is a natural or adoptive mother or father whose income and assets are subject to be deemed to an eligible child. 2240.0606.01 Definition of a Child (MSSI) A child is an individual who is neither married nor the head of a household and who is under 18, or under the age of 21 and a student regularly attending a school, college, or university, or a course of vocational or technical training to prepare for gainful employment. 2240.0606.02 Definition of a Dependent (MSSI, SFP) For ICP, HCBS, and Hospice a dependent is an unmarried child under 21 or a disabled adult child living at home.

For OSS, a dependent is an unmarried child under 18 living at home. 2240.0606.03 Definition of a Dependent in Deeming (MSSI) The following policy is applicable only to MEDS-AD, QMB, SLMB, Medically Needy, Protected Medicaid and Working Disabled.

A dependent is an ineligible child who is the natural or adopted child of an eligible individual or the individual's spouse, or the natural or adopted child of a parent or the parent's spouse who lives in the same household with the eligible individual, is not eligible for SSI, and who is under age 18, or under age 21 and a student regularly attending a school, college, or university, or a course of vocational training to prepare him for gainful employment.