23 Miss. Code. R. 102-6.5 - Marital Relationships - ABD Programs

A. A marital relationship is one in which members of the opposite sex are:

1. Married under State law;

2. Married under common law provided the couple began holding out prior to April 1, 1956;

3. Married for Title II purposes, meaning one member of the couple is entitled to spouse's benfits on the record of the other;

4. Living in the same household in a holding out" relationship as man and wife.

a) A man and woman who live in the same household are married for SSI/Medicaid purposes if they hold themselves out to the community in which they live as husband and wife.

b) It is possible for a couple to live together and not be "holding out" as man and wife, depending on the economic and social circumstances. The only way to make a determination of marital status is examine how the couple holds themselves out to the community. If the couple is determined to be living separately and apart, each is treated as an individual. However, when evidence does not support that a couple is living separately and apart, couple rules and deeming applies.

c) When a couple lives together, but denies "holding out", as many items of evidence as possible are needed to make a determination as to the couple's relationship and living arrangement. Such evidence may include mortgages, leases rent receipts, property deeds, bank accounts, tax returns, credit cards, information from other government programs, (SSA, public housing, food stamps, etc), and statements from friends, relatives and neighbors.

Notes

23 Miss. Code. R. 102-6.5

42 CFR §435.601(a); 42 CFR §435.601(b) (Rev. 1993).