3-006.02 Persons Included in the Budget
469 NAC 3-006.02
The assistance budget is computed to determine the need of a client for assistance. Consideration must be given to the fact that presence in the home of other persons may be essential to the well being of the client and affect his/her need (see 469 NAC 1-004). The individual requirements of these EP's may be included in the budget of the client. EP's in the home may include the spouse, minor or adult children, grandchildren, parents, sisters, or brothers. The decision of whether an individual is essential to the client rests with the client. An individual who is considered a spouse by SSI, even though s/he is not married to the client, is considered an EP in the AABD budget. The EP is not eligible for assistance in his/her own right. If the couple has completed a designation of resources and protected resources above the resource limit for two persons, the income and needs of the community spouse are not included in the payment budget.
The needs of an ineligible spouse are not included as an EP in the client's budget if the ineligible spouse is receiving Veterans benefits based on need that SSI is disregarding in determining the client's SSI.
The needs of an EP may be included in the budget to determine eligibility for payment. When an EP has been included in the client's budget, their combined income and resources must not exceed standards (see 469 NAC 2-009.08 and 3-004.01B).
If an EP included in the budget has no other means of meeting medical needs and is not eligible for MA in his/her own right, see 469 NAC 3-004.03A8.
If there is no budgetary need, the worker shall determine eligibility for MA or MA with excess income using the appropriate income level in 469 NAC 4-007. The appropriate maintenance level for MA is determined by considering the client(s) and the EP only if the EP is the spouse or minor child.
If the ineligible parent(s) of a minor AABD/MA or SDP/MA client does not have income which has been considered for deeming purposes, his/her needs may be included in the minor's budget if it has been determined that the parent's continued presence in the home is necessary for the child's well-being. If the parent has income which is being considered for deeming, his/her needs have already been recognized in this process (see 469 NAC 2-010.01F). If a parent's needs have been removed from an ADC/MA unit for non-cooperation (i.e., job support/employability or child support), his/her needs may not be included in the AABD/MA or SDP/MA child's budget.
{8/18/03}