Example 1: FOM Residence is a Medical Facility
Mr. Rose left his apartment and entered a medical facility on 08/05/98 and he did
not intend to return to his residence. Mr. Rose's FOM residence in November was a
medical facility. On 11/11/98 he was discharged to his daughter's home where he did
not contribute toward any of the household operating expenses. The field office did
not charge ISM in November because his 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
Mr. Payne entered the county jail on 01/23/99. Mr. Payne's FOM residence in March
was the county jail. He was released on 03/04/99 and returned to his home. He made
no payment to the jail for food or shelter which had a monthly value of $300. The
field office determined that he received a month's worth of ISM for March. The ISM
was valued at $300, so he was charged the PMV. (Although he was in jail for only 4
days, the monthly value of the ISM is counted. The amount is not prorated just because
he was in jail for only part of the month. If Mr. Payne wants to rebut the value of
the ISM, he would need to show that the monthly value was less than $300, or verify
that he made a payment to the jail.)
Example 3: Move From Public Medical Institution to Medical Care Facility
Mr. White's FOM residence in 11/98 was a public medical institution where he would
have been ineligible (N02) if he had remained there throughout the month. He did not
pay for any of his food or shelter. On 11/04/98 he became ill and was transferred
to a nearby hospital, where he remained until 11 /20/98 when he returned to the FOM
public institution. Since Medicaid paid for his stay at the hospital, Mr. White 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, Mr. White would have remained ineligible
(N22) for November if his transfer to the medical facility was an authorized absence
Example 4: Temporary Absence Due to Incarceration
For about 7 months, Mr. Young had been living in an apartment and paying for all of
his own household expenses when he was sent to the county jail on 05/ 18/98. While
in jail he intended to return to his apartment, and on 06/05 /98 he did return. The
period of incarceration was a temporary absence from his permanent living arrangement.
ISM received during a temporary absence is not counted. Therefore, he is not charged
with any ISM for the period he spent in jail. His FOM residence for June is his apartment
(his permanent residence). ISM, if any, is based on his FOM residence, and since he
was not receiving ISM in his apartment, no ISM is charged for June.
Example 5: No Permanent Residence on the First of the Month
Ms. Harris is an eligible individual who normally lives with her mother. However,
she had a dispute with her mother, and for the past 5 months has been staying at different
friends' homes for a few weeks at a time. On 5/15/98 she is arrested and put in jail.
On 05/28/98 she posts bail and she returns to live with her mother.
Since Ms. Harris did not have a permanent residence in May, the FOM rule is not applicable.
For May, ISM is counted from each place that she lived. Her short stays in the jail,
with friends', and with her mother cannot be considered temporary absences because
she had no permanent residence.
If Ms. Harris chooses to rebut the PMV in May, the actual value of ISM would include
ISM she 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 her mother's home.
Example 6: FOM Residence is a Household Where the VTR Would Apply
Ms. Morris had been subject to the VTR for the past 8 months. She lived with 3 roommates
and did not contribute to household expenses. On 08/15/ 98 she moved into an apartment where she
has rental liability. The VTR does not apply for August because she did not live in
another person's household throughout a month. Therefore, the field office uses the
PMV rule to charge her with a month's worth of ISM received from her FOM residence.
The field office determines that, in August, she received ISM with an actual value
of $200 which was capped at the PMV. Any money she spent in August toward household
expenses in her new residence is not considered when computing ISM from the FOM residence.
NOTE:Assume that, instead of making no contribution, Ms. Morris had contributed $100 toward
expenses in the FOM residence and that she decides to rebut the value of the ISM she
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, Ms. Morris' pro rata share was $200. She paid $100 toward the household
expenses of the FOM residence. Therefore, the actual value of Ms. Morris' ISM is $100
Example 7: Intended FOM Residence Would be Subject to the VTR
Ms. Appleby had been living alone in her own apartment. She decided to move to her
sister's home across the country where she would not pay for any food or shelter. She left on 02/24/99, intending to arrive the last week
of February, but bad weather delayed her arrival until 03/02/99. Although she intended
to be in the sister's home as of the first moment of March, she was still in transit.
The VTR does not apply in March because she did not meet the throughout the month
requirement. However, her intended FOM residence was her sister'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, he
is 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.