Resources of a married couple

Resources of a married couple-one spouse institutionalized. The rules regarding resources for married couples are different depending on when the institutionalized spouse began the current period of institutional status. If the current period of institutional status began before October 1, 1989, the determination of eligibility does not include any resources of the community spouse that are owned and maintained separately from community resources. Once eligibility has been established, this rule remains in effect unless a break of at least thirty consecutive days occurs. If the current period of institutional status began on or after October 1, 1989, the spousal impoverishment count all nonexcluded resources owned by either or both spouses, separately or jointly. The department then allocates the amount set aside for the community spouse The amount that is allocated is based upon the onset date of the current period of institutional status. One set of rules covers married clients who become institutionalized before 8/1/03. A separate set of rules covers married individuals who become institutionalized on or after 8/1/03. The amount of allocation allowed, based on the appropriate set of rules, can be increased only as described in WAC 182-513-1350 : Pursuant to a court order for spousal support When an administrative law judge (ALJ) approves a determination by Home and Community Services (HCS) that the excess resources are needed to produce income to provide the community spouse the minimum maintenance allocation. Once eligibility has been established, this resource determination remains in effect unless a break of at least thirty consecutive days occurs, or if the institutionalized spouse acquires resources above the program standard. If the onset date of the current period of institutional status is after October 1, 1989 and before August 1, 2003, the federal Community Spouse Resource maximum that was in place at the time of the application is used as the Community Spouse Resource Allocation. See Example #1. If the onset date of the current period of institutional status is on or after August 1, 2003, the State Spousal Resource Standard that was in place at the time of the application is used as the Community Spouse Resource Allocation, unless: The individual or community spouse requests an evaluation of their community resources; and The results of the evaluation show the spousal share of the community resources at the onset of institutional status, or 1/2 of the couple’s total nonexcluded resources, was greater than the State Spousal Resource Standard. See Example #2.