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c. The community spouse allowance can be adjusted up to the amount available from the income of the a/b when:

(1) A court order exists which establishes a different income amount, or

(2) Through county or state appeal, a decision is made that the community spouse needs additional income because of exceptional circumstances creating significant financial hardship.

5. Exceptions to shelter costs procedure:

a. If the community spouse receives a subsidy to pay all or a portion of shelter costs, deduct the amount of the subsidy from the total expenses.

b. Disregard one-time assistance based upon need, such as LIEAP.

c. If rent includes food, such as a roomer/boarder fee, do not count the amount paid for food in determining shelter costs. Deduct the actual amount paid for food, if the landlord can verify verbally or in writing, from the rent payment.

6. If the community spouse receives Work First/Food and Nutrition Services, use the DSS-8194 to notify the Work First/Food and Nutrition Services caseworker of the amount of the spousal income allowance.

VII. THE DEPENDENT FAMILY MEMBER ALLOWANCE There must be income remaining after subtracting the community spouse allowance from the a/b’s income to proceed with the dependent allowance. The dependent family member allowance in VII.A., below, is allowed only when there is a community spouse at home. If there is no community spouse, but there is a dependent family member of the a/b proceed to VII.B., below.

A. Dependent Family Member Lives With a Community Spouse 1. Rules for the Dependent Family Member Allowance

A deduction for dependents can be made from the a/b’s income in STEP II. A dependent of the a/b or the community spouse includes children (adult or minor), parents, or siblings. To receive the dependent family member allowance all the following criteria must be met:

a. The dependent must live with the community spouse. Accept the verbal statement of the representative, the a/b, or the spouse.

b. The dependent must be legally dependent:

(1) Assume an individual under the age of 18 is a dependent if they live with the community spouse. Docusign Envelope ID: 950E9248-29CC-8930-81BC-BCEC667EB493