004.05(C) EXCEPTIONS.

An allocation above the maximum amount is only allowed under the following circumstances: (i) A court has ordered the institutionalized spouse to provide more financial support than the calculated maintenance amount. A court order takes precedence over the calculated amount; or (ii) The family alleges that a need in excess of the calculated amount is needed due to exceptional circumstances resulting in significant financial duress and appeals the calculated amount. The family must show that there are insufficient resources reserved for the community spouse to meet the financial need. If the family prevails on appeal, then an additional amount may be allowed.