A person is eligible for benefits under this section if all of the following apply: 1.
(1)#
The person would meet the financial and other eligibility requirements for home or community-based services under s. 46.277 or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1d) but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3).
(2)#
A waiver under s. 49.45 (38) is in effect or federal law authorizes federal financial participation for medical assistance coverage of the person.
(3)#
Funding is available for the person under s. 46.277 or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1d).