16 Del. Admin. Code § 20000-20990

Current through Register Vol. 28, No. 7, January 1, 2025

Section 20000-20990 - Income Rules

Income eligibility is determined by considering the income of the institutionalized spouse only. The sole deduction taken from the gross income before comparing to the income limit is the $20 disregard. Neither the community spouse income allowance nor the family allowance may be deducted to bring the income below the income limit. Income in both spouses names is considered to be equally available to both spouses within the following guidelines.

20990.1 Income From Non-Trust Property

1) If payment of income is made solely in the name of the institutionalized spouse or the community spouse, the income shall be considered available only to that respective spouse.

2) If payment of income is made in the names of the institutionalized spouse and the community spouse, one-half of the income shall be considered available to each of them; and

3) If payment of income is made in the names of the institutionalized spouse or the community spouse or both, and to another person or persons, the income shall be considered available to each spouse in proportion to the spouse's interest (or, if payment is made with respect to both spouses and no such interest is specified, one-half of the joint interest shall be considered available to each spouse).

4) Consider available to each spouse one-half of any income which has no instrument establishing ownership.

20990.2 Income From Trust Property

In the case of a trust, income shall be considered available to each spouse as provided in the trust, or, in the absence of a specific provision in the trust, use the guidelines specified for non-trust property.

16 Del. Admin. Code § 20000-20990