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234 (07/2026) Chapter 2:Eligibility • Section 5: Financial eligibility • For an incapacitated individual with no financial or legal representative, who is determined eligible for community-based care or nursing facility services, income that is inaccessible due to incapacity may be considered unavailable for up to three months while a financial or legal representative is being established, if necessary to secure placement. This may be extended if additional time is needed to establish a financial or legal representative. APD Medicaid policy approval is required prior to allowing this exclusion or any extension. In ONE, use income exclusion reason “Acquiring Financial Rep – Non-MAGI”. » Set an end date for up to three months. » Create a “Manual Pend” task with a due date for the first month in which the exclusion will end. (For example, if the exclusion is ending 3/31/2023, the task should be set for 3/1/2023). » Workers need to track this using the manual task and rerun eligibility after the exclusion end date. HSD For HSD medical programs, income is considered available on the date it is received or the date the individual has a legal right to it. If the income is withheld or diverted at the request of an individual, it is considered available on the date the income would have been paid. Income would only be considered unavailable for one of the following reasons listed below. Otherwise, the income is considered available and will be considered in the countable income: • Assistance program OVP withheld to repay same source not from previously counted income • Assistance program OVP withheld to repay same source from previously counted income • Non-assistance program OVP withheld to repay same source • Money not received because payment was reduced to cover expenses to secure the payment. Resources Resources are considered unavailable to the individual in any of the following situations: • The applicant has a legal interest in the resource, but it is not in their possession and they are not able to gain possession of it. • The resource is jointly owned with others not in the financial group who are unwilling to sell their interest in the sale, and the applicant’s interest is not reasonably able to be sold. • The applicant is verifiably incompetent to gain access to or use the resource, and there is no legal representative to use the resource on the applicant’s behalf. • The resource is an irrevocable or restricted trust and cannot be used to meet the basic monthly needs of the filing group. • The applicant is a survivor of domestic violence. Attempting to use the resource would potentially subject the individual to further risk of domestic violence, or the applicant is using the resource to avoid returning to an abusive situation. Click here for Temporary Assistance for Domestic Violence Survivors (TA-DVS) Program. • A resource is considered unavailable to the individual during the time the individual does not know they own the resource.