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Page 4 of 6 § 10:71-5.3 Income exclusions See: 15 N.J.R. 422(a), 15 N.J.R. 925(a). 17. Interest on burial funds added, 17-20 renumbered 18-21. Amended by R.1995 d.651, effective December 18, 1995. See: 27 N.J.R. 3543(a), 27 N.J.R. 5046(a). Annotations Notes Chapter Notes Case Notes 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). Household income of a 66-year old single male exceeded the ceiling for unearned income and disqualified him for Medicaid benefits because the amount of his monthly Social Security check that was deducted to pay the premium for Medicare Part B coverage was required to be included in the determination of countable income. S.B. v. Somerset Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 08799-16, 2016 N.J. AGEN LEXIS 758, Initial Decision (September 12, 2016). 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). Amount that was garnished from the Social Security benefit otherwise payable to a Medicaid applicant on account of the applicant's family support obligations was properly included by a county social services board in determining the applicant's "cost-share" as such funds constituted "available income" for eligibility purposes. N.K. v. Morris Cnty. Office of Temporary Assistance, OAL DKT. NO. HMA 02817-16, 2016 N.J. AGEN LEXIS 659, Initial Decision (July 26, 2016). Board of Social Services erred when it included, in the "countable resources" available to a Medicaid recipient, the $ 209.80 per month refund of Medicare Part B premiums that the recipient had paid every month since July 1993. Even though the governing regulations appeared to characterize that refund as "income," an express statement in the Social Security Administration's Program Operations Manual that such refunds were not "income" supported the conclusion that the refund was not properly included in such resources. L.F. v. Bergen Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 16900-15, 2016 N.J. AGEN LEXIS 155, Initial Decision (March 28, 2016).