004.05(B) DETERMINING A DEPENDENT FAMILY MEMBER’S MAINTENANCE ALLOCATION.

A portion of the income of the institutionalized spouse will be allocated to assist in the maintenance of dependent family members. The maintenance amount is a sum of the needs of each dependent family member. For each dependent family member, the remaining income of the institutionalized spouse is compared to an amount calculated below. The sum of the needs of each dependent family member is used as the allocated amount. For each dependent family member, calculate the maintenance need amount as follows: (i) The minimum spousal maintenance amount minus (ii) The gross amount of income for the dependent family member, and then (iii) Divide the result by three.