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If the spouse's countable income is less than the maintenance standard, the difference between the two amounts is the amount of the spousal allocation to be deducted from the income of the applicant/recipient.

If a court has ordered an institutionalized or HCBS waiver spouse to pay a monthly amount for the support of the community spouse, the monthly spousal allocation cannot be less than the court ordered support. All spousal support court orders must be sent to PAL for review. If a hearing decision results in a revision of the spousal allocation, the additional amount must be budgeted if the exceptional circumstances upon which the increase is based continue to exist. Refer to Chapter 4200 regarding appeals. The spousal allocation from the institutionalized or HCBS waiver recipient spouse's income will be budgeted only to the extent that it is made available to the community spouse. In situations where the community spouse is the applicant/recipient, the amount of the total allocation will count as income in the budget, this could cause Medicaid ineligibility for the community spouse. The spousal allocation is displayed on the Eligibility budget screen. 3455.15.10.15 FAMILY ALLOCATION DEDUCTION (MED 1)

The policies in this section apply to the MA A, MA B, MA D, MADW, and MADI categories of assistance. The following family members may receive an allocation from the institutionalized or HCBS waiver applicant/recipient if they live with the community spouse and would be entered on the Person Household Summary screen. 2 (The allocation is deducted from the institutionalized or HCBS waiver applicant's/recipient's income regardless of whether it is given to the family member.) • Biological or adoptive children of either spouse who are under 21 and living with the community spouse. • Biological or adoptive children aged 21 or over who are claimed as tax dependents by either spouse and living with the community spouse. • Parents of either spouse who are claimed as tax dependents and living with the community spouse. • Biological or adoptive siblings of either spouse who are claimed as tax dependents and living with the community spouse. The family allocation, for each family member, is calculated as follows: