Wash. Admin. Code § 182-512-0820 - SSI-related medical-Child-related income exclusions and allocations
(1) For the
purposes of Washington apple health SSI-related medical eligibility
determinations under chapter 182-512 WAC, a child is defined as a person who
is:
(a) Unmarried;
(b) Living in the household of the
SSI-related applicant;
(c) The
natural, adopted or stepchild of the SSI-related applicant or the applicant's
spouse;
(d) Not receiving a
needs-based cash payment such as TANF or SSI; and
(e) Either:
(i) Age seventeen or younger; or
(ii) Age twenty-one or younger and meets the
SSI-related definition of a student described in subsection (6) of this
section.
(2)
The agency allows an allocation for the support of a child when determining the
countable income of an SSI-related applicant. The allocation is calculated as
follows:
(a) For apple health categorically
needy (CN) health care coverage, the allocation is deducted from the countable
income of a nonapplying spouse before determining the amount of the nonapplying
spouse's income to be deemed to the SSI-related applicant. Allocations to
children are not deducted from the income of an unmarried SSI-related
applicant.
(b) For apple health
medically needy (MN) medical coverage, the allocation is first deducted from
the income of the nonapplying spouse as described in subsection (2)(a) of this
section when the SSI-related applicant is married, and from the income of the
applicant when the applicant is not married.
(3) The child's countable income, if any, is
subtracted from the maximum child's allowance before determining the amount of
allocation.
(4) Foster care
payments received for a child who is not SSI-eligible and who is living in the
household, placed there by a licensed, nonprofit or public child placement or
child-care agency are excluded from income regardless of whether the client
requesting or receiving SSI-related medical is the adult foster parent or the
child who was placed.
(5) Adoption
support payments, received by an adult for a child in the household that are
designated for the child's needs, are excluded as income. Adoption support
payments that are not specifically designated for the child's needs are not
excluded and are considered unearned income to the adult.
(6) The agency excludes the earned income of
a client age twenty-one or younger if that client is a student. In order to
allow the student earned income exclusion, a student must:
(a) Attend a school, college, or university a
minimum of eight hours a week; or
(b) Pursue a vocational or technical training
program designed to prepare the student for gainful employment a minimum of
twelve hours per week; or
(c)
Attend school or be home schooled in grades seven through twelve at least
twelve hours per week.
(7) Any portion of a grant, scholarship,
fellowship, or gift used for tuition, fees and/or other necessary educational
expenses at any educational institution is excluded from income and not counted
as a resource for nine months after the month of receipt.
(8) One-third of child support payments
received for a child who is an applicant for SSI-related medical is excluded
from the child's income. Child support payments that are subject to the
one-third deduction may be voluntary or court-ordered payments for current
support or arrears.
(9) The
following gifts to, or for the benefit of, a client under eighteen years old
who has a life-threatening condition, from an organization described in section
501 (c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation
under section 501(a) of that code, are excluded:
(a) In-kind gifts that are not converted to
cash; and
(b) Cash gifts up to a
total of two thousand dollars in a calendar year.
(10) Veteran's payments made to, or on behalf
of, natural children of Vietnam veterans regardless of their age or marital
status, for any disability resulting from spina bifida suffered by these
children are excluded from income. Any portion of a veteran's payment that is
designed as the dependent's income is countable income to the dependent and not
the applicant (assuming the applicant is not the dependent).
Notes
11-24-018, recodified as WAC 182-512-0820, filed 11/29/11,
effective 12/1/11. Statutory Authority:
RCW
74.04.050,
74.04.057,
74.08.090, and
74.09.500. 11-15-023, §
388-475-0820, filed 7/8/11, effective 8/8/11. Statutory Authority:
RCW
74.04.050,
74.04.057,
74.08.090, and
74.09.500, and Social Security Act
as amended by P.L.
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