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State of Maryland Medical Assistance Manual Revised April 2014

Using the appropriate figures, take the following steps to determine the community spousal income allowance: 1. Determine the amount of income the community spouse needs to meet his or her monthly maintenance and shelter needs. This is equal to the sum of:

o A BMS Need; plus o An amount for excess shelter, if the spouse qualifies for one. 2. To determine if the spouse qualifies for excess shelter and, if so, the amount: o Calculate the community spouse’s total expenses for shelter. Expenses for shelter include rent or mortgage payment, property taxes and homeowner’s insurance for the spouse’s principal place of residence plus a Utility Standard as appropriate; and o Compare to the ESS. If the sum of the community spouse’s shelter expenses exceeds the ESS, allow the spouse an amount for excess shelter equal to the amount by which the shelter expenses exceed the ESS, up to the MAMSC. If the spouse’s total expenses for shelter do not exceed the ESS, do not give an excess shelter allowance. 3. From the total maintenance and shelter costs (the sum of the BMS plus the excess shelter as determined in Steps 1 and 2), subtract the amount of other income the spouse has available to him/her. In determining the amount of income that would be available to the community spouse, do not count any income that is excludable under COMAR 10.09.24.07J or K. Use gross income figures and do not apply any income disregards. The total maintenance and shelter less the income available to the community spouse is the Spousal Allowance. Deduct it from the institutionalized spouse’s monthly income. NOTE: To qualify as a deduction, the spousal allowance must actually be made available to the community spouse. If it is not made available to the community spouse on a regular basis, do not allow it as a deduction. 4. Family/ Dependent Allowance A. Family Allowance The family allowance may be deducted for each of the following family members of the institutionalized spouse or the community spouse who are living with the community spouse: • Minor or dependent children; and • Dependent parents; and • Dependent siblings. For the purpose of the Family Allowance, “dependent” means that the child, parent or sibling is claimed as a dependent by either member of the couple for tax purposes with the