360-4.7 Standard exemptions.
(a) Resources. All resources available to the household of a pregnant
woman, an infant younger than one year of age, a child at least one year of age but
younger than six years of age whose household income does not exceed 133 percent of the
applicable federal poverty line set forth in section 360-4.7(b) of this Subpart, or a
child born after September 30, 1983 who is at least six years of age but younger than 19
years of age and whose household income does not exceed 100 percent of the applicable
federal poverty line set forth in section 360-4.7(b) of this Subpart, are exempt from
consideration in determining whether such pregnant woman, infant, or child is medically
need. The following resources are exempt from consideration in determining whether any
other MA applicant/recipient is medically needy:
(1) a homestead which is essential and
appropriate to the needs of the household. Homestead is defined in section 360- 1.4(f) of
this Part.
(i) For persons under
21 years of age and persons ineligible for ADC solely because their income and resources
are above eligibility limits, a homestead loses its exempt status if the owner is in a
medical facility in permanent absent status, as defined in section 360-1.4(k) of this
Part, and no spouse, child under 21 years of age, certified blind or certified disabled
child, or other dependent relative is living in the home.
(ii) For persons who
are 65 years of age or older, certified blind or certified disabled, a homestead loses its
exempt status if the owner moves out of the home without the intent to return, and no
spouse, child under 21 years of age, certified blind or certified disabled child, or other
dependent relative is living in the home.
(iii) As set forth in
section 360-4.4(c)(2) of this Part, transfers of homesteads to certain persons may result
in ineligibility for MA coverage of certain care, services, and supplies, including
nursing facility services;
(2) essential personal property including but
not limited to:
(i) clothing and
personal effects;
(ii) household
furniture, appliances, and equipment;
(iii) tools and
equipment which are necessary for a trade or business; and
(iv) an automobile;
(3) one burial plot or space per household
member; and
(4) savings equal to at least one-half of the
appropriate income exemption allowed.
(b) Income.
(1) After an applicant's/recipient's household
size has been determined, all available income identified and all applicable disregards
applied, the applicant's/recipient's net available household income will be compared to
the appropriate standard, except as provided in paragraphs (2), (3), and (4) of this
subdivision. The standard which will be used by the social services district is the MA
standard shown on the following schedule, or the Public Assistance (PA) Standard of Need,
whichever is higher.
Schedule MA-2
Number in
Household
1
2
3
4 5
6
7
*Annual
$6,700 9,700
9,800
10,200
11,900
13,600
15,300
**Monthly
559 809
817
850
992
1,134
1,275
*For each additional person after seven add $1,700.
**For each additional person after seven add $142.
(2) The net available income of a pregnant
woman, an infant younger than one year of age, or a child born after September 30, 1983
who is at least six years of age but younger than 19 years of age will be compared to the
highest of the following three amounts: the applicable MA standard; the applicable PA
Standard of Need; or, 100 percent of the applicable poverty line, as set forth in the
following schedule:
Poverty Lines effective January 1, 1996
Number in Household
1
2
3
4
5
6
7
*Annual
$7,740 $10,360
$12,980
$15,600
$18,220
$20,840
$23,460
**Monthly
645
863
1,081
1,300
1,518
1,736
1,955
* For each additional person after seven add $2,620
**For each additional person after seven add $ 218
(3) If the net available household income of a
pregnant woman or infant younger than one year of age exceeds the highest of the three
amounts described in paragraph (2) of this subdivision, the social services district will
compare it to 185 percent of the applicable poverty line, as set forth in the following
schedule:
185 Percent of Poverty Lines effective January 1, 1996
Number in Household
1
2
3
4
5
6
7
*Annual
$14,319 $19,166 $24,013
$28,860 $33,707
38,554 $43,401
**Monthly
1,193 1,597
2,001
2,405
2,808
3,212
3,616
* For each additional person after seven add $4,847
**For each additional person after seven add $ 403
(4) The net available household income of a
child at least one year of age but younger than six years of age will be compared to the
the applicable MA standard or the PA standard of need, whichever is higher. If the net
available household income of such child exceeds the higher of these two amounts, the
social services district will compare it to 133 percent of the applicable federal poverty
line, as set forth in the following schedule:
133 Percent of Poverty Lines effective January 1, 1996
Number in Household
1
2
3
4
5
6
7
*Annual
$10,294 $13,778 $17,263
$20,748 $24,232
$27,717
$31,201
**Monthly
857 1,148
1,438
1,729
2,019
2,309
2,600
For each additional person after seven add $3,484
**For each additional person after seven add $290
(5) To determine if an individual meets the
income requirements to be a specified low income Medicare beneficiary as defined in
360-7.7(i) of this Subpart, compare the individual's income to 100 percent of the poverty
line as defined in paragraph (2) of this subdivision and 120 percent of the poverty line
as set forth in the following schedule. The individual's income meets the income
requirements if it is greater than 100 percent, but less than 120 percent of the poverty
line:
120 Percent of Poverty Lines effective January 1, 1996
Number in Family
1
2
*Annual
$9,288
$12,432
**Monthly
$774
$1036