004.05(A) DETERMINING THE COMMUNITY SPOUSE MAINTENANCE ALLOCATION.

A portion of the income of the institutionalized spouse can be allocated to the community spouse when necessary to maintain the living standard of the community spouse. The allocation is subject to a minimum and maximum amount which is adjusted annually. If the community spouse has income in excess of the maximum amount, then no allocation is allowed. If the community spouse has income less than the maximum, then the calculation below is used. If the income of the community spouse is less than the calculated amount, then the institutionalized spouse may allocate income up to the calculated amount. The income of the community spouse is compared to a sum of the following factors: (i) The minimum maintenance allowance; (ii) Excess shelter costs, as defined; and (iii) A standard utility amount.