Availability of Income; Couple with an Institutionalized Spouse
This rule applies to an OSIP or OSIPM institutionalized spouse who began a continuous period of care on or after October 1, 1989.
(1) Do not deem any of the community spouse's income available to the institutionalized spouse at any time during the institutionalized spouse's continuous period of care.
(2) Determine the ownership of income from property that belongs to the institutionalized or community spouse as follows, unless legal documents specifically provide otherwise:
(a)If the payment is made solely to the institutionalized…#
(a) If the payment is made solely to the institutionalized spouse or the community spouse, the income is available only to that spouse.
(b)If the payment is made to both the institutionalized…#
(b) If the payment is made to both the institutionalized and the community spouse, one-half of the income is available to each.