SI SF01210.516 Allocating Income from Ineligible to Eligible Spouse

A. General

Separate income of an ineligible spouse is income to the eligible spouse only to the extent that there is a voluntary contribution of such income. If the ineligible spouse has both separate income and community income, apply the separate income first to the ineligible spouse's own needs. When the community income of the ineligible spouse is less than $200 net per month, no allocation is made to the eligible spouse.

The original state plan contained different computations for ineligible husbands and wives. In accordance with the Basic Principles in SI SF01210.515 governing the allocation of income between spouses, we have affirmed that you should use the most advantageous computation (subject to administrative finality) regardless of the sex of the spouse. B. and C. below explain the difference between the two computations.

B. Husband is Ineligible Spouse

The community income of the ineligible husband of a blind recipient, including earnings pensions, title II, etc., may be retained in the full amount up to $200 net per month to meet the spouse’s needs. Additional amounts of net income may be retained to:

  • meet the needs of minor dependent children

  • meet the medical expenses of the ineligible spouse and minor children

  • make payments on debts incurred for bona fide needs prior to receipt of assistance or after receipt of assistance, if the ineligible spouse has insufficient income to meet the ineligible spouse's needs

  • meet unusual current living expenses of the ineligible spouse, e.g. major repairs to the home, repair/replacement of household furniture

Any balance, up to one-half of the total net income, will be allocated to the eligible spouse.

C. Wife is Ineligible Spouse

If the ineligible spouse is the wife of a blind recipient, determine the amount of the ineligible spouse's community income to be allocated to the recipient by referring to Form B-3 in SI SF01210.520.

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SI SF01210.516 - Allocating Income from Ineligible to Eligible Spouse - 09/12/2022
Batch run: 09/12/2022