DHS 103.065(6)(b) (b) The agency shall monitor retention of assets by the non-institutionalized spouse for those transfers that occur on or after October 1, 1989, but before July 1, 1990, under sub. (4) (c) 3. at each application or review of eligibility for the institutionalized spouse.

DHS 103.065 History History: Cr. Register, March, 1990, No. 412, eff. 5-1-90; am. (1), (2), (4) (a) and (c) (intro.), (5) (intro.) and (6) (b), cr. (4) (cm), Register, May, 1991, No. 425, eff. 6-1-91; am. (2), (3) (a) and (4) (a), cr. (4) (am), Register, March, 1993, No. 447, eff. 4-1-93; emerg. renum. (3) (a) to (e) to be (3) (b), (d), (f), (g) and (j), cr. (4) (at), eff. 1-1-94; renum. (3) (a) to (e) to be (3) (b), (d), (f), (g) and (j), cr. (4) (at), Register, August, 1994, No. 464, eff. 9-1-94; corrections in (2) and (4) (c) 3. made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554; corrections in (3) (f), (g), (j), (4) (a) and (d) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (4) (c) 3. made under s. 13.92 (4) (b) 7., Stats., Register July 2015 No. 715.

DHS 103.07 DHS 103.07 Income.

DHS 103.07(1) (1) Special situations of institutionalized persons.

DHS 103.07(1)(a) (a) Support received by institutionalized persons.

DHS 103.07(1)(a)1. 1. Any financial support or contribution received by an institutionalized person shall be considered available when determining the eligibility of that person for MA.

DHS 103.07(1)(a)2. 2. The income and assets of the parents of children under age 18 who reside in institutions shall be evaluated by the department to determine whether, pursuant to s. 46.10 (14), Stats., collections may be made from one or both parents. If the child is residing in an institution not specified in s. 46.10 (14), Stats., but the institution is approved to receive MA payments, the parental liability shall be the same as that provided in s. 46.10 (14), Stats., and collected in the same manner.

DHS 103.07(1)(a)3. 3. The agency shall decide if the spouse of an institutionalized applicant or recipient should be referred for support action under s. 49.90, Stats. When deciding whether to refer for support action, the agency shall consider the spouse’s basic essential needs and present and future expenses. In no case may support from the spouse of an institutionalized applicant or recipient be pursued when the spouse’s assets, not counting homestead property and a motor vehicle, or, if applicable, not counting assets excluded under s. DHS 103.075 (5) (b) 2., are less than the amount provided under s. 49.47 (4) (b) 3g., Stats., or, if applicable, the spousal asset share under s. 49.455 (6) (b), Stats., and when the spouse’s income is less than the spousal monthly income allowance under s. 49.455 (4) (b), Stats.

DHS 103.07(1)(b) (b) Allocation of institutionalized person’s income to dependents outside the institution. Except as provided under s. DHS 103.075 (6), no allocation may be made from an institutionalized applicant’s or recipient’s income to a spouse who is eligible for SSI but who refuses to obtain SSI. Except as provided under s. DHS 103.075 (6), no allocation may be made to a spouse or to minor children under the spouse’s care if the spouse or any of the children are receiving SSI. Otherwise, allocations shall be made as follows:

DHS 103.07(1)(b)1. 1. If the spouse is caring for a minor child for whom either the institutionalized person or the spouse is legally responsible, the AFDC assistance standard as specified in s. 49.19 (11) (am) 1m., Stats., plus expenses that would be allowed under s. DHS 103.04 (3) shall be used to determine the need of the spouse and children. If their total net income is less than their need, income of the institutionalized person shall be allocated in an amount sufficient to bring the spouse’s and children’s income up to their monthly need. In this subdivision, “total net income” means income equal to unearned income plus earned income.

DHS 103.07(1)(b)2. 2. If the spouse is not caring for a minor child, the SSI payment level for one person living in that person’s own household shall be used to determine the spouse’s monthly need. The spouse’s earned income shall be netted by subtracting the work-related expenses according to sub. (3) and $20. from earned or unearned income or both. If the spouse’s net income is less than the spouse’s monthly need, income of the institutionalized person may be allocated in an amount sufficient to bring the spouse’s income up to monthly need. Income disregards of the SSI program under 20 CFR 416.1112 and 416.1124 shall be used as appropriate in computing income.

DHS 103.07(1)(b)3. 3. The following amounts shall be excluded when computing the income of the spouse and children under subd. 1. or the spouse alone under subd. 2.:

DHS 103.07(1)(b)3.a. a. All earnings of a child less than 14 years old, or less than 18 years old when the child is a full-time student;

DHS 103.07(1)(b)3.b. b. All earnings of a child less than 18 years old who attends school part-time and is employed fewer than 30 hours a week;

DHS 103.07(1)(b)3.c. c. Any portion of any grant, scholarship or fellowship used to pay the costs of tuition, fees, books and transportation to and from classes;

DHS 103.07(1)(b)3.d. d. Amounts received for foster care or subsidized adoption;

DHS 103.07(1)(b)3.e. e. The bonus value of food stamps and the value of foods donated by the federal department of agriculture;

DHS 103.07(1)(b)3.f. f. Home produce grown for personal consumption; and

DHS 103.07(1)(b)3.g. g. Income actually set aside for the post-high school education of a child who is a junior or senior in high school.

DHS 103.07(1)(c) (c) When both spouses are institutionalized and there is an application for MA. When both spouses are institutionalized, the following shall apply:

DHS 103.07(1)(c)1. 1. If one spouse applies for MA, the total income of both spouses may be combined to ascertain if their combined income is less than total need, provided that the spouse not applying has income exceeding that spouse’s needs and is willing to make that income available;

DHS 103.07(1)(c)2. 2. If the combined income of both spouses is less than total need, separate determinations shall be made to see if either spouse has excess income. Any excess may be allocated to the other spouse. Either one or both of the spouses may be eligible depending on income allocation; and

DHS 103.07(1)(c)3. 3. If the combined income of both spouses exceeds total need, separate determinations shall be made. Only the actual amount of income made available from one spouse to the other may be used in determining the eligibility of the other spouse. If the spouse refuses to make a reasonable amount available, the agency shall review the case under par. (a) 3. to determine if legal action for support should be taken pursuant to s. 49.90, Stats.

DHS 103.07(1)(d) (d) Computing income available towards cost of care. Institutionalized recipients of MA who are determined eligible under s. DHS 103.06 and this section shall apply their available income toward the cost of their care after deducting the income disregards in this paragraph. In this paragraph, “available income” means any remaining income after the following reductions are made:

DHS 103.07(1)(d)1. 1. A personal needs allowance, as provided under s. 49.45 (7) (a), Stats., and

DHS 103.07(1)(d)2. 2. If employed, the first $65 and one-half of the remainder of gross earnings;

DHS 103.07(1)(d)3. 3. The cost of health insurance;

DHS 103.07(1)(d)4. 4. Necessary medical or remedial care recognized under state law but not covered by MA;

DHS 103.07(1)(d)5. 5. The actual amount paid by the institutionalized person for support of a person for whom the institutionalized person is legally responsible but not to exceed the appropriate AFDC assistance standard unless the institutionalized person is paying court-ordered support in an amount greater than the AFDC assistance standard in s. 49.19 (11) (am) 1m., Stats.; and