5160-12 AVAILABILITY OF INCOME
Availability is measured first in terms of the dependent children, secondly in terms of the caretaker relative. Availability may be actual or assumed. Conditions of assumed availability are:
Any money, except
for Temporary Assistance, APA ,
or SSI Supplemental Security Income
income, received by a natural or adoptive parent who resides with their
child is assumed to be totally available to the child;
Income of a dependent
child is available to the household, if the child is included in the Medicaid
household; however, sibling deeming rules may apply (see Section
5160-14(A) below);
Money received
by a legally married person is assumed to be totally available to the
person's spouse if the couple is living together;
Deposits made in
joint ("or") accounts, owned by a member of the household and
any person outside the household, are considered available income in the
month of receipt. Ownership
is determined in accordance with Sections 5152-2
and 5152-8;
Payments made to
a third party on behalf of a member of the Family Medicaid household are
considered to be income to the household member if that member is able,
without penalty, to redirect payments directly to himself or herself;
Portions of any
earned or unearned income of a minor parent's parent are assumed to be
available to meet the needs of the minor parent if the minor parent resides
with his or her parent (see Section
5160-14(B) below); and
Portions of the income and resources of sponsors of certain legal aliens are assumed available until the alien becomes a U.S. citizen or obtains 40 work quarters/credits of Social Security coverage (see Section 5160-14(C) below).
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