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Page 4 of 10 § 10:71-5.4 Includable income be used in the determination of income eligibility beginning in the month of admission into a Title XIX facility. ii. Institutionalized couple: When an applicant/recipient couple is institutionalized in the same facility, the gross income of each individual is combined and applied to an amount equal to two times the Medicaid "Cap." If, however, the applicant/recipient couple is institutionalized in separate facilities, the income of each is applied individually to the Medicaid "Cap." 3. Applicant/beneficiary living with ineligible spouse: if the applicant/beneficiary lives with an ineligible spouse, the income of the ineligible spouse is deemed to the applicant/beneficiary (see N.J.A.C. 10:71- 5.5). Such individual's income shall continue to be deemed until the husband and wife have been separated for one month. At such time the individuals will be considered to be living alone and deeming shall cease. i. Effect of institutionalization: Income of the community spouse shall not be considered in the determination of income eligibility of the institutionalized individual beginning with the month of admission into a Title XIX facility. 4. Applicant/beneficiary unmarried and under 18 years of age, living with parents: If the applicant/recipient is an unmarried child under 18 years of age who lives with his or her parents (including stepparents), the income of the parents is deemed to the child (see N.J.A.C. 10:71-5.5(c)3). Such deeming will cease when a child has ceased living with his/her parents for a period of one calendar month. i. Child not living with parents due to institutionalization: If a physician has certified that the child's duration of stay in a Title XIX facility (or a combination of such facilities) is expected to be a full calendar month or more, such child shall be considered to be not living with his/her parents and deeming shall cease at the time of such certification. History HISTORY: Emergency Amendment, R.1981 d.276, effective July 1, 1981. See: 13 N.J.R. 501(a). Adopted concurrent proposal, R.1981 d.385, effective September 24, 1981. See: 13 N.J.R. 501(a), 13 N.J.R. 773(a). Substantially amended. Amended by R.1982 d.314, effective August 31, 1982. See: 14 N.J.R. 758(a), 14 N.J.R. 1058(a). Amended by R.1983 d.381, effective August 30, 1983. See: 15 N.J.R. 1187(a), 15 N.J.R. 1585(a). Originally filed as an emergency rule R.1983 d.289, effective July 1, 1983. As amended as emergency rule R. 1983 d.593, effective December 19, 1983, operative January 1, 1983. See: 15 N.J.R. 1733(a), 15 N.J.R. 2171(a). Readopted, R.1984 d.566, effective November 28, 1984 (amendments effective January 1, 1985). See: 16 N.J.R. 2845(a), 16 N.J.R. 3451(a). Previously filed as emergency rule R.1984 d.289. Raised amounts of unearned income.