Available income
When one member of a married couple applies for LTC services, the department applies the "name on the check" rule (see below) to determine the individual’s available income. If the individual is not income eligible for services under the Categorically Needy (CN) program, the department applies the "community income" rule (see below). If the application of both rules results in income above the CN standard, the department determines the individual’s eligibility for institutional or hospice services under the Medically Needy (MN) program.
When both spouses are applying at the same time, or when one has already been determined eligible for LTC services, the department establishes eligibility for them as it does for single individuals with the following exceptions: If the two are living together in a medical institution or alternate living facility, their eligibility can be determined together as a couple, if doing so would be to their advantage. If one spouse is applying for CN LTC services, the department does not use the community income rule to establish an income amount as a single person, when doing so would be to their disadvantage. The department uses the "name on the check" rule for each spouse, when doing so allows an otherwise eligible client to be approved for CN services. The total amount of income benefits to which a person is entitled is treated as available unearned income even when benefits are; Reduced through the withholding of a portion of the benefit amount to repay a legal obligation; or Garnished to repay a debt, other legal obligation, or make any other payment such as payment of Medicare premiums. See WAC 182-512-0750 .