Example 1: FOM Residence is a Medical Facility
Rose left their apartment and entered a medical facility on 08/05/98 and they did
not intend to return to their residence. Rose's FOM residence in November was a medical
facility. On 11/11/98 Rose was discharged to their adult child's home where Rose did
not contribute toward any of the household operating expenses. The field office did
not charge ISM in November because their FOM residence was the medical facility. Food
and shelter received during a medical confinement are not income (SI 00815.100).
Example 2: FOM Residence is a Public Institution
Lisa entered the county jail on 01/23/99. Lisa's FOM residence in March was the county
jail. Lisa was released on 03/04/99 and returned to their home. Lisa made no payment
to the jail for food or shelter which had a monthly value of $300. The field office
determined that Lisa received a month's worth of ISM for March. The ISM was valued
at $300, so Lisa was charged the PMV. (Although Lisa was in jail for only 4 days,
the monthly value of the ISM is counted. The amount is not prorated just because they
were in jail for only part of the month. If Lisa wants to rebut the value of the ISM,
they would need to show that the monthly value was less than $300, or verify that
they made a payment to the jail.)
Example 3: Move From Public Medical Institution to Medical Care Facility
Grace's FOM residence in 11/98 was a public medical institution where they would have
been ineligible (N02) if they had remained there throughout the month. Grace did not
pay for any of their food or shelter. On 11/04/98 Grace became ill and was transferred
to a nearby hospital, where they remained until 11 /20/98 when they returned to the
FOM public institution. Since Medicaid paid for their stay at the hospital, Grace
was eligible for the $30 payment for November. Because the $30 payment cap applies
in November, ISM is not counted in that month. See SI 00835.500E.2.b.
NOTE:
Had this public institution been a penal facility, Grace would have remained ineligible
(N22) for November if their transfer to the medical facility was an authorized absence
(SI 00520.009B.1.).
Example 4: Temporary Absence Due to Incarceration
For about 7 months, Marie had been living in an apartment and paying for all of their
own household expenses when they were sent to the county jail on 05/18/98. While in
jail Marie intended to return to their apartment, and on 06/05/98 they did return.
The period of incarceration was a temporary absence from their permanent living arrangement.
ISM received during a temporary absence is not counted. Therefore, Marie is not charged
with any ISM for the period they spent in jail. Their FOM residence for June is their
apartment (permanent residence). ISM, if any, is based on their FOM residence, and
since Marie was not receiving ISM in their apartment, no ISM is charged for June.
Example 5: No Permanent Residence on the First of the Month
Mary is an eligible individual who normally lives with their parent. However, Mary
had a dispute with their parent, and for the past 5 months has been staying at different
friends' homes for a few weeks at a time. On 5/15/98 Mary is arrested and put in jail.
On 05/28/98 Mary posts bail and returns to live with their parent.
Since Mary did not have a permanent residence in May, the FOM rule is not applicable.
For May, ISM is counted from each place that they lived. Mary's short stays in the
jail, with friends', and with their parent cannot be considered temporary absences
because they had no permanent residence.
If Mary chooses to rebut the PMV in May, the actual value of ISM would include ISM
they received 05/01-05/15 while staying with friends, ISM received 05/15-05/28 while
in jail, and ISM received 05/28-05/31 in their parent's home.
Example 6: FOM Residence is a Household Where the VTR Would Apply
Roberta had been subject to the VTR for the past 8 months. They lived with 3 roommates
and did not contribute to household expenses. On 08/15/ 98 Roberta moved into an apartment where
they have rental liability. The VTR does not apply for August because they did not
live in another person's household throughout a month. Therefore, the field office
uses the PMV rule to charge Roberta with a month's worth of ISM received from their
FOM residence. The field office determines that, in August, Roberta received ISM with
an actual value of $200 which was capped at the PMV. Any money they spent in August
toward household expenses in their new residence is not considered when computing
ISM from the FOM residence.
NOTE:Assume that, instead of making no contribution, Roberta had contributed $100 toward
expenses in the FOM residence and that they decide to rebut the value of the ISM they
received in August in the FOM residence. Assume that the field office determines that
the monthly household operating expenses are $800. With 4 household members in the
FOM residence, Robert's pro rata share was $200. Roberta paid $100 toward the household
expenses of the FOM residence. Therefore, the actual value of Roberta's ISM is $100
for August.
Example 7: Intended FOM Residence Would be Subject to the VTR
Ashley had been living alone in their own apartment. They decided to move to their
sibling's home across the country where they would not pay for any food or shelter. Ashley left on 02/24/99, intending to arrive the last
week of February, but bad weather delayed their arrival until 03/02/99. Although Ashley
intended to be in the sibling's home as of the first moment of March, they were still
in transit. The VTR does not apply in March because Ashley did not meet the throughout
the month requirement. However, their intended FOM residence was their sibling's home
and we use the PMV rule to charge a month's worth of ISM there for March.
Example 8: Transients/Homeless and the FOM Rule
A homeless individual sleeps on park benches and gets food from a private nonprofit
homeless shelter which has been certified by the State as a nonprofit provider of
in-kind support and maintenance (SI 00830.605 and SI 00835.331). The FOM rule does not apply because the individual has no permanent residence.
ISM, if any, would be counted from all of the sources during the month. However, they
are not charged with ISM for sleeping on the park benches since that is considered
ISM of no value. The food received at the homeless shelter is excluded per SI 00830.605.