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Page 2 of 5 § 10:71-5.1 Income; financial eligibility standards In the introductory paragraph of (b), substituted "her or she" for "he/she", "his or her" for "his/her" and "or shelter" for ", shelter, or clothing", and inserted a period at the end. Annotations Notes Chapter Notes Case Notes Available income is defined under N.J.A.C. 10:71-5.1(b)1i, as income that a person actually receives. L.M. v. Div. of Medical Assistance & Health Servs., 140 N.J. 480, 659 A.2d 450, 1995 N.J. LEXIS 254 (1995). Wife was sole owner of pension where court in making equitable distribution of assets in divorce from bed and board directed pension's administrator to pay wife; benefits could not be considered income available to former husband. L.M. v. State, Div. of Medical Assistance & Health Services, 140 N.J. 480, 659 A.2d 450 (1995). Definition of "available income" for Medicaid eligibility; valid. Estate of G.E. v. Division of Medical Assistance and Health Services, 271 N.J.Super. 229, 638 A.2d 833 (A.D.1994). Pension was "available income" for Medicaid eligibility even though payment ordered to wife. Estate of G.E. v. Division of Medical Assistance and Health Services, 271 N.J.Super. 229, 638 A.2d 833 (A.D.1994). Regulation governing when income is available did not constitute exercise by the state of its authority to adopt less restrictive income standards than federal standards. Estate of G.E. v. Division of Medical Assistance and Health Services, 271 N.J.Super. 229, 638 A.2d 833 (A.D.1994). Voluntarily waived state pension benefits would be "available income" in evaluating Medicaid eligibility. M.R. v. State Dept. of Human Services, Div. of Medical Assistance and Health Services, 268 N.J.Super. 586, 634 A.2d 143 (A.D.1993). Comparison of Medicaid monthly income eligibility limits to those for the Medical Assistance to the Aged program; Medicaid income eligibility depends on participants' living arrangements. Texter v. Dept. of Human Services, 88 N.J. 376, 443 A.2d 178 (1982). County Board of Social Services acted properly when it concluded that an applicant for Medicaid was ineligible for benefits prior to March 1, 2023, which was the first date on which a Qualified Income Trust that had been established for his benefit was properly funded. The QIT, established in January 2022, indicated that the applicant was going to be depositing the entire proceeds of his pension and his SSI on a monthly basis, but the first month for which both amounts in fact were deposited was March 2023. That is, the applicant did not comply with the terms of the QIT until March 1, 2023 so that was the earliest date for which his income eligibility was properly established. J.M. v. Ocean Cnty. Bd. of Soc. Serv., OAL DKT. NO. HMA 06891-23, 2024 N.J. AGEN LEXIS 198, Initial Decision (February 28, 2024). Medicaid applicant did not have to report, as income for the purposes of resource measurement, the proceeds of a check representing the result of the settlement of a casualty insurance claim on a vehicle because one car was completely excludable from resources per governing regulations and the check representing compensation for the car was similarly excludable. A.M. v. Mercer Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 09332-16, 2016 N.J. AGEN LEXIS 673, Initial Decision (August 8, 2016).