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 Divide the total income of spouses who are living separate and apart (due to institutionalization only) equally between them.  Determine eligibility only using the applicant’s share. If a portion of the spouse's income is made available to the applicant, that portion would be counted as income to the customer in determining eligibility. Dividing income takes precedence over the joint bank account procedures; therefore, income deposited in a joint bank account held by both spouses will NOT be considered "being made available." E-210.4 Court Order/Trust Income: If the customer has a court order or trust, complete form 6009 (Intra-Office Referral Report), including the signature of the case worker completing the 6009, and the supervisor approving the 6009. Send the 6009 and supporting documents, including a complete copy of the court order or trust, all schedules notated within the trust; and bank statements (if applicable), via inter-office mail to the Chief of Eligibility & Payments for a decision on whether the Division of Welfare and Supportive Services (DWSS) can recognize the court order or trust. E-220 BUDGETING PROCEDURES FOR SSI FINANCIAL ELIGIBILITY – SPOUSE TO SPOUSE DEEMING – (SSI BUDGET FORM 2646–EE) E-220.1 SSI Budget Form 2646–EE Use this budget to determine eligibility in the following groups;  Institutional <30 days  Institutional >30 days – If a child was living with parents at time of institutionalization.  Prior Medical – would have been eligible for SSI  Public Law E-220.1.1 Member of Couple with Eligible Spouse Any time the spouse appears potentially SSI eligible, treat as an eligible spouse until determined ineligible. Use the member of a couple, with eligible spouse column. a. If ineligibility results, consider the spouse ineligible and go through the deeming computation by using the member of a couple, with ineligible spouse column, to determine if deeming applies. b. If deeming doesn't apply, proceed to Part B using the individual column. c. If deeming does apply, proceed with the budget under the member of a couple with ineligible spouse column. If this process also results in ineligibility, the customer is ineligible for Medicaid. E-220.1.2 Member of Couple with Ineligible Spouse Use the member of a couple, with ineligible spouse column, items A–1 through 3 to determine if deeming applies. E-210.3 Division of Welfare and Supportive Services MAABD INCOME AND BUDGETING Medical Assistance Manual Dividing Income MTL 09/24 NOV 24