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3325.05.00 BUDGETING WITH THE SPECIAL INCOME LEVEL The SIL test is an eligibility test used in the MA A, MA B and MA D categories. If the individual passes the SIL test, it is followed by a post-eligibility calculation to determine the amount, if any, of the HCBS Waiver Liability. An applicant or recipient whose eligibility is determined under MED 1 with a waiver must pass the SIL test. The Special Income Level (SIL) standard is 300% of the maximum benefit payable under the SSI program. The SIL increases annually when SSI increases in January. Refer to Chapter 3000 for the SIL amount. There is no couple SIL for a married applicant/recipient. The income of the applicant/recipient is included in the SIL test. The income of parents and income of spouses is not included. The countable income in the SIL test is as follows: • Gross earnings (no exemptions, and no employment disregard) • Net rental income (Sections 3420.05, 3420.05.05, 3415.10) • Net self-employment income (Section 3410.15) • All gross unearned income except SSI. The amount of any income placed into an approved Miller trust as defined in Section 3320.10.00, is exempt in the SIL test. The amount of income placed into the trust could be the entire amount or a portion. Income placed into the Miller trust counts in the post-eligibility calculation. If countable income is equal to or less than the SIL, the person passes the SIL test. Any applicant or recipient whose countable income is over the applicable standard for the SIL test must establish an approved Miller Trust and must place income into the trust to allow the person to pass the SIL test. Otherwise, the person would be considered categorically ineligible for Medicaid. 3325.10.00 POST-ELIGIBILITY BUDGETING The post-eligibility calculation is completed for individuals who pass the SIL test. When the individual has an approved Miller trust, the amount of income that is placed into the trust is exempt in the SIL test, but this amount is added back in for post-eligibility. The Personal Needs Allowance is deducted from total income. For all the waivers, the Personal Needs Allowance is the same as the SIL.