SI DAL00810.120 Income Determinations Involving Agents
See SI 00810.120
SI 00810.120C.5.b provides that part of the income received by a resident of a title XIX institution may be made available to the community spouse (i.e., at home spouse). This assigned income (under the Spousal Impoverishment Provision of Public Law 100-360) is counted as unearned income to the community spouse as long as it is made available by the institutionalized spouse. The institutionalized spouse determines the amount of income to be made available to the community spouse.
When taking an initial claim or conducting a redetermination on a person whose spouse is in a title XIX institution, question the claimant regarding assigned or "spousal impoverishment" income.
If the community spouse alleges that the institutionalized spouse's income is being made available,
Contact the local State Medicaid (title XIX) caseworker;
Provide the Medicaid caseworker with the name and SSN of both spouses;
Ask the Medicaid caseworker to verify the amount of income being assigned to the community spouse; and
Ask if any changes in this amount are being considered. Request that the Medicaid caseworker notify SSA when changes are made to the amount of assigned income.
Document this information on a Report of Contact, and transmit the assigned income to the SSR as S1 type income.