008.02 INCOME WHEN ONE RECIPIENT OF THE HOUSEHOLD IS IN A SPECIFIED LIVING ARRANGEMENT.

The following definitions apply when the eligible spouse is in a specified living arrangement and the ineligible spouse or family member is in the community: (A) COMMUNITY SPOUSE. A spouse who is: (i) Not applying for or receiving assistance; (ii) Not residing with the alternate care spouse unless the alternate care spouse is in the home and eligible for Home and Community- Based Waiver Services; and, (iii) Not in a hospital, skilled nursing facility, intermediate care facility, or intermediate care facility for persons with developmental disabilities. (B) FAMILY MEMBERS. Minor children residing with a community spouse, or dependent parents or siblings of the community spouse or alternate care spouse who reside with the community spouse and could be claimed as dependents for tax purposes. (C) MAINTENANCE ALLOWANCE. The amount deducted from an alternate care spouse's income to meet the home maintenance needs of the community spouse and family members. (D) MAINTENANCE NEED STANDARD. The income standard to which the community spouse's and other family members' income is compared for the purpose of determining the amount of allowance which may be made from the alternate care spouse's income.