12 Va. Admin. Code § 30-110-856

Current through Register Vol. 41, No. 10, December 30, 2024

Section 12VAC30-110-856 - Revisions to the community spouse resource allowance

For the purposes of this article, a community spouse resource allowance may be revised if:

1. A department hearing officer determines on appeal that the income generated from the community spouse resource allowance as originally calculated pursuant to 12VAC30-110-853 is inadequate to raise the community spouse's income to the minimum amount to be deducted as a maintenance allowance in the post-eligibility determination made pursuant to Article 4 (12VAC30-110-920 et seq.) of this subpart;

2. A department hearing officer determines on appeal that the original calculation was incorrect;

3. The department determines that the original information with which the spousal share was calculated was incorrect; or

4. An institutionalized spouse transfers resources to a community spouse pursuant to a court order for spousal support.

12 Va. Admin. Code § 30-110-856

Derived from Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

Statutory Authority

§ 32.1-325 of the Code of Virginia.