TN 5 (04-90)

RS 01301.186 Claimant Alleges Own Income Not Used for Own Support

A. POLICY

If the claimant alleges that his/her own income is not used for his/her own support, determine what the income is used for. If the income was available for support purposes but the claimant chose to use it otherwise, you must consider the income in the support picture.

B. EXAMPLE

The claimant has sufficient income to take care of his/her own support but only the NH's monies are used for daily expenses and the claimant's income is used for savings and/or investments.

The claimant's own income was available for his/her immediate support; the claimant simply chose to use it otherwise. The arrangement was not based on need nor on a predetermined situation, e.g., alimony or child support.

C. PROCEDURE

1. General

Document the file as to the claimant's income and how the monies were used and make a support determination considering all the case facts.

2. Monies Used for a Predetermined Situation

Document the file to verify that a predetermined situation exists. If you cannot verify, do not exclude the income when determining support.