Page 43

d. The non-citizen is not indigent, defined as unable to obtain food and shelter without assistance, because their sponsor is not providing adequate support. e. The financial responsibility of a sponsor continues until the noncitizen is naturalized or credited with forty (40) qualifying quarters of coverage by the SSA. 1.12.4 General Rules for Counting Income – Community Medicaid A. For Community Medicaid, the determination of income eligibility using the SSI methodology follows a set sequence of calculations related to the application of exclusions and disregards as set forth in Subchapter 00 Part 3 of this Chapter. Unearned income exclusions and disregards are applied first. 1. Order of Unearned Income Exclusions and Disregards – Unearned income is countable as income in the earliest month it is received by the person; credited to a person’s account; or set aside for the person’s use. The order for applying exclusions and disregards is as follows: a. Federal law. Exclusions mandated in Federal law or Regulations as set forth in Subchapter 00 Part 3 of this Chapter are applied first unless indicated otherwise. b. Medicaid. The following types of unearned income are excluded or disregarded in the order indicated: (1) Any refund of taxes; (2) Assistance based on need which is provided under a program which uses income as a factor of eligibility and is wholly funded by the State or a local government. General Public Assistance (GPA) and the optional State Supplemental Payment (SSP) for SSI beneficiaries and SSI- lookalikes are examples of excluded payments in this category. (3) Grants, scholarships, fellowships, or gifts used for paying educational expenses are excluded or countable depending upon their use: (AA) Any portion of a grant, scholarship, fellowship, or gift used for paying tuition, fees, or other necessary educational expenses at any educational institution, including vocational or technical education institutions, is excluded from income.