cost of care portion for a client receiving residential services is based on
the amount of income or benefits the client receives, including Social
Security, Veteran's, and Railroad Retirement benefits.
B. The client shall keep either 12% or $50 of
the client's monthly income or benefits, whichever is greater, until the
client's personal savings reach the maximum amount allowed by the federal
agency providing the benefits, before federal benefits are cut off.
C. When a client reaches the maximum
allowable limit of personal savings as described in subsection (A) the client's
monthly cost of care portion is the actual cost of residential services until
the client's personal savings drop below the maximum allowable limit.
D. If a client receives a retroactive benefit
payment, the client shall retain the greater of either 12% of the total amount
of the retroactive payments or the maximum amount allowed by the benefit source
before federal benefits are cut off. The client shall pay the rest of the
retroactive benefit payments, up to the actual cost of the client's residential
services, to the Division to cover the months of placement in residential
services for which the benefits are being paid.
E. If a client receiving residential services
uses the client's own income to pay either all or part of the rent, food, or
utilities, the Division shall reduce the cost of care for the client by the
documented amount the client pays for these items.