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18.6.2 Community Spouse Income Allocation The maximum amount of income that the institutionalized spouse can allocate to their community spouse is determined as follows: 1. Find the Community Spouse Lower Income Allocation Limit. This amount is updated annually and can be found in SECTION 39.4.4 LTC SPOUSAL IMPOVERISHMENT POST-ELIGIBILITY ALLOWANCES AND COMMUNITY SPOUSE ASSET SHARE. 2. Determine the excess shelter allowance, calculated as the community spouse’s shelter expenses that are in excess of the Shelter Base Amount. The Shelter Base Amount is updated annually and can be found in SECTION 39.4.4 LTC SPOUSAL IMPOVERISHMENT POST-ELIGIBILITY ALLOWANCES AND COMMUNITY SPOUSE ASSET SHARE. Note: Do not grant the excess shelter allowance for HCBW cases where the institutionalized person lives together with the community spouse. 3. Allowable shelter expenses include: a. Rent b. Mortgage principal and interest c. Taxes (including special assessments) and homeowner's or renter's insurance for the principal place of residence. d. Any required maintenance fee if the community spouse lives in a condominium or cooperative. e. The standard utility allowance established under FoodShare. See the FoodShare Wisconsin Policy Handbook, Section 8.1.3 Deductions for the current standard utility allowance amounts. If the community spouse pays: Add: Heat and utilities HSUA (Heating Standard Utility Allowance) Utilities only LUA (Limited Utility Allowance) Telephone only PUA (Phone Utility Allowance) f. If the community spouse lives in a condominium or cooperative where the maintenance fee includes utility expenses, reduce the standard utility allowance by the amount of utility expenses included in the maintenance fee. 4. Determine the lesser of: a. The sum of the Community Spouse Lower Income Allocation Limit (Step 1) and the excess shelter allowance (Step 2), if applicable. b. The Community Spouse Income Allocation Maximum. This amount is updated annually and can be found in SECTION 39.4.4 LTC SPOUSAL IMPOVERISHMENT POST-ELIGIBILITY ALLOWANCES AND COMMUNITY SPOUSE ASSET SHARE. 5. Subtract the community spouse’s monthly gross income from the amount determined in Step 3. Use the EBD rules for countable income, but do not give earned income, unearned income, or work-related deductions. The result is the maximum amount of income that the institutionalized person can give to their community spouse. They may give an amount less than this, but not more unless ordered by a fair hearing decision or a court order.