469 NAC 2-010
Need is determined by considering the amount of total net income of the AABD/MA or SDP/MA client (and spouse or other EP's whose needs are included in the budget) in relation to individual requirements.
In the case of an eligible client whose payment standard has been increased because of the inclusion of EP's (see 469 NAC 3-006.02), income of the essential person(s) is considered available to the client. Income of an essential person is treated the same as income of the eligible client. However, if the income of the essential person makes the client ineligible (unless the essential person is the ineligible spouse or parent of a minor child), the essential person may be removed from the budget. Once the EP is removed from the budget, his/her income is no longer considered.
When there is a client living in a specified living arrangement (see 469 NAC 2-009.02C1) and a spouse in the community, income is budgeted according to 469 NAC 4-007.01ff).