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:

1. Any money, except for Temporary Assistance, APA Adult Public Assistance , 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;
    

2. Income of a dependent child is available to the household, if the child is included in the Medicaid assistance unit.
    

3. Money received by a legally married person is assumed to be totally available to the person's spouse if the couple is living together;
    

4. 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 5152-4E;
    

5. 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;
    

6. 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
    

7. Portions of the income and resources of sponsors of certain legal aliens are assumed available until the alien becomes a U.S. United States citizen or obtains 40 work quarters/credits of Social Security coverage (see Section 5160-14(C) below).