Rule 23-103-4.19 - Retroactive in-home Supportive ServicesA. General. 1. In limited circumstances, governmental programs will pay a spouse or parent to provide a disabled spouse or child with certain in-home supportive (attendant, homemaker) services (IHSS). IHSS payments are income when received by the ineligible spouse or parent, but are not included as income for deeming purposes. In addition, a period of time is allowed during which retroactive IHSS payments are not considered resources.B. Treatment. 1. A payment is considered retroactive if the payment is made after the month it was due. a) If payment is made in the month due, but following the month services were rendered, the payment is not retroactive.2. An IHSS retroactive payment is excluded as a resource the month of receipt and the calendar month after receipt.3. Beginning the second calendar month after receipt, it is a resource and subject to resources deeming.23 Miss. Code. R. 103-4.19
Social Security Act §1902 (r) (2); 42 CFR §435.601(b) (Rev 1994).