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N.J.A.C. 10:70-4.6 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 57 No. 12, June 16, 2025 NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 70. MEDICALLY NEEDY PROGRAM > SUBCHAPTER 4. INCOME ELIGIBILITY § 10:70-4.6 Countable income: SSI-related cases (a) Except as specified below, countable income for SSI-related cases shall be determined in accordance with regulations applicable to income in Medicaid Only--Aged, Blind, and Disabled (see N.J.A.C. 10:71-5). 1. The disregard of cost-of-living increases in Social Security benefits provided for in N.J.A.C. 10:71- 5.3(a)7x and xi do not apply in the Medically Needy Program. 2. The deeming of the income of an alien's sponsor as provided for at N.J.A.C. 10:71-5.9 does not apply. (b) Nonrecurring lump sum income received by an SSI-related budget unit shall be counted as income in the month received and any portion retained shall be counted as a resource in subsequent months. The receipt of such income will require a recomputation of eligibility for the remaining months of the eligibility period, except as follows: 1. No portion of a cash reward provided to any individual by the Division for providing information about fraud and/or abuse in any program administered in whole or in part by the Division shall be included in the computation of income for financial eligibility purposes. (c) In the following circumstances, an SSI-related case will have the value of in-kind support and maintenance counted as unearned income. 1. Any SSI-related adult, who would in accordance with rules at N.J.A.C. 10:71-5.6(c) be determined to be "living in the household of another", shall be considered to have unearned income in the amount specified at N.J.A.C. 10:71-5.4(a)12 less $ 20.00. The amount of income so assigned is not rebuttable. 2. Any SSI-related person other than those addressed in (c)1 above, to whom food or shelter is given or paid for by someone other than by a spouse, a parent, or a minor child residing in the same household, shall be presumed to receive in-kind support and maintenance. The presumed value of the support and maintenance will be the values specified at N.J.A.C. 10:71-5.4(a)12. The presumed value so assigned may be rebutted in accordance with provisions of that subsection. (d) In accordance with the rules at N.J.A.C. 10:71-5.5, the income of an ineligible spouse shall be deemed to the eligible spouse when they are residing in the same household. Income of the parent(s) of an SSI- related child under the age of 18 residing in the same household shall be deemed available to the child in the determination of eligibility for Medically Needy benefits. Income shall not be deemed from any person whose income is counted in determining income eligibility for an AFDC-related case which is eligible for the Medically Needy Program. 1. When an ineligible spouse's income must be deemed to both an SSI-related spouse and an SSI- related child, the income of the ineligible spouse is deemed to the SSI-related spouse to the extent that the total income of the SSI-related spouse equals the MNIL for two persons. The excess income of the ineligible spouse is deemed to the SSI-related child. The eligibility of the SSI-related child is based on a budget unit of one person. Allowable incurred medical expenses of the ineligible spouse shall be applied to the spend-down liability, if any, of the SSI-related child.