J-7000, Income for Eligibility and Co-Payment

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Revision 21-3; Effective September 1, 2021

If the recipient does not make the entire spousal allowance available at certification and at each redetermination, obtain a written statement from the recipient or the recipient's authorized representative as to the amount that is being made available and deduct only that amount.

A written statement is not required at redetermination if:

  • the community spouse is a Supplemental Security Income (SSI) recipient;
  • zero ($0) amount is being diverted to the community spouse; or
  • the amount of the spousal diversion at redetermination remains the same.

Diversion of VA income to the community-based spouse may affect the VA income amount. Inform the couple of this possibility and give them the option of not diverting VA income to the community-based spouse. Their decision should be documented in a signed statement.

Financial duress is defined as having insufficient funds to meet living expenses because of debts incurred for medical expenses for the institutionalized spouse, community-based spouse or dependent, or because of replacement of a resource lost through theft or acts of God.