H-5100, ICF/IID Individual and Couple Cases

Revision 12-3; Effective September 1, 2012

For individuals and couples, follow the steps in this section.

HHSC nets the person's and spouse's earned income each month by subtracting the following mandatory payroll deductions:

  • income tax,
  • Social Security tax,
  • required retirement withholdings, and
  • required uniform expenses.

H-5110 ICF/IID Individual

Revision 15-3; Effective September 1, 2015

Determine the person’s monthly net earned and gross unearned income.

Determine the personal needs allowance (PNA) for a person as follows:

Person earns $30 or less.

StepDescription
1.Deduct the $60 PNA from the unearned income.
2.To the extent the unearned income is less than $60, deduct the difference from the earned income.
3.Deduct all remaining earned income up to $30.
4.Add the deductions from steps 1 through 3 to determine the total PNA/PEI allowance.

Note: The total PNA/PEI must be at least $60.

Example: Person receives $300 RSDI and earns $30 per month.

StepDescription
1.$300 unearned – $60 PNA = $240
2.NA
3.$30 earned – $30 PEI = $0
4.$60 PNA + $30 PEI = $90 PNA/PEI

Person's earnings exceed $30 but not $120.

StepDescription
1.Deduct the $60 PNA from the unearned income.
2.To the extent the unearned income is less than $60, deduct the difference from the earned income.
3.Deduct $30 from the remaining earned income, plus one-half of the remainder.
4.Add the deductions from steps 1 through 3 to determine the total PNA/PEI deduction.

Example: Person earns $120 per month and receives $12.50 SSI.

StepDescription
1.$12.50 unearned – $60 PNA = –$47.50
2.$120 earned – $47.50 = $72.50
3.$72.50 remaining earned – $30 = $42.50 divided by 2 = $21.25
4.$12.50 + $47.50 + $30 + $21.25 = $111.25 PNA/PEI

Person's earnings exceed $120.

StepDescription
1.Deduct the $60 PNA from the unearned income.
2.To the extent the unearned income is less than $60, deduct the difference from the first $120 of the earned income.
3.Of the monies remaining from the first $120 of earned income, deduct $30 and one-half of the remainder.
4.Deduct 30 percent of the earnings in excess of $120.
5.Add the deductions from Steps 1 through 4 to determine the total PNA/PEI allowance.

Example 1: Person receives $300 RSDI and earns $250.

StepDescription
1.$300 unearned – $60 PNA = $240
2.NA
3.$120 earned – $30 = $90 divided by 2 = $45
4.$250 earned – $120 = $130 x .30 = $39
5.$60 PNA + $30 + $45 + $39 = $174 PNA/PEI

Example 2: Person receives $7.50 SSI and earns $130.

StepDescription
1.$7.50 unearned – $60 = –$52.50
2.$120 earned – $52.50 = $67.50
3.$67.50 remaining earned – $30 = $37.50 divided by 2 = $18.75
4.$130 earned – $120 = $10 x .30 = $3
5.$7.50 + $52.50 + $30 + $18.75 + $3 = $111.75 PNA/PEI

References:

  • Subtract the guardian fee allowance, if applicable.
  • Subtract incurred medical expenses.
  • Subtract the home maintenance allowance, if applicable.
  • The total net earned income and gross unearned income minus the total personal needs allowance and other allowable deductions is the co-payment.

H-5120 ICF/IID Couple

Revision 12-3; Effective September 1, 2012

Determine the personal needs allowance for a couple as follows:

  1. If neither spouse has earned income, or if the only spouse with earned income does not have an ICF/IID level of care, the personal needs allowance for the couple is $60 for each spouse.
  2. If either spouse is an ICF/IID person who has monthly earned income, determine the personal needs allowance for each separately based on their individual monthly incomes.

Note: If one spouse has a level of care other than an ICF/IID level of care, the personal needs allowance for that individual is $60, regardless of whether the individual has earned income. Combine the individual personal needs allowance for the couple.

Subtract the total personal needs allowance from the total of net earned income and gross unearned income of the couple.

References

  • Subtract guardian fee allowance, if applicable.
  • Subtract incurred medical expenses.
  • Subtract home maintenance allowance, if applicable.
  • Divide the remainder by two to determine the co-payment for each spouse.

H-5130 ICF/IID Companion

Revision 12-3; Effective September 1, 2012

A separate deduction for maintenance of the home is not allowable in companion cases.

The spousal allowance provides for home maintenance in those cases.

To determine the co-payment budget for a companion situation, use the following steps:

StepProcedure
1Determine the countable net earned and gross unearned income of the person.
2Subtract the personal needs allowance, including the protected earned income allowance (if any) of the person based on his own net income.

Subtract guardian fee allowance, if applicable.
3Add the spouse's countable net earned and gross unearned income to the remainder.
4Subtract the spousal allowance.
5
  1. If there are no dependents, go to Step 6.
  2. If there are dependents, determine the dependent allowance.
  3. Subtract the dependent allowance.
6Subtract incurred medical expenses.

The remainder is the co-payment.

Example: The couple has the following income:

PersonSpouse  
$250RSDI$800Net Earnings
$130Net Earnings  

Calculation for personal needs and protected earned income allowance:

PersonSpouse
$250RSDI unearned income
− 60PNA
$190remainder

Calculation for protected earned income when earnings are greater than $120:

PersonSpouse
$120Deduct $30 from the first $120 of earned income
− 30 
$ 90divided by 2 = $45 and get one-half the remainder

Calculation for 30% of earnings in excess of $120:

PersonSpouse
$130Earnings
−120First $120 of earned income
$10x .3 = $3 (30% of earnings in excess of $120)

Calculation for Total PNA/PEI:

PersonSpouse
$60PNA
30$30 deduction
45One-half the remainder deduction
+ 3(30% of earnings in excess of $120)
$138Total PNA/PEI

Co-payment calculation:

StepProcedureAmount
 RSDI$250
 Net earnings+ 130
Step 1:Total$380
Step 2:Total PNA/PEI− 138
 Income available for diversion$242
Step 3:Spouse's income+ 800
 Total$1,042
Step 4:Spousal allowance−2,841
Step 5:NA 
Step 6:NA 
 Co-payment$0