J-7300, ICF/IID Spousal Companion Cases

Revision 22-1; Effective March 1, 2022

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 for a spousal companion situation for a person with earnings who is in an ICF/IID, use the following steps:

Step Procedure
1 Determine the countable net earned and gross unearned income of the person.
2 Subtract the personal needs allowance, including the protected earned income allowance (if any) of the person based on their own net income. Subtract the guardian fee allowance, if applicable.
3 Add the spouse's countable net earned and gross unearned income to the remainder.
4 Subtract the spousal allowance.
5 a) If there are no dependents, go to step 6.
b) If there are dependents, determine the dependent allowance.
c) Subtract the dependent allowance.
6 Subtract incurred medical expenses. The remainder is the co-payment for the payment plan.

Reference: See Chapter H, Co-Payment, for the deduction of incurred medical expenses.

Example:

The couple has the following income:

  • Individual
    • $250 RSDI
    • + $130 Net earnings
  • Spouse
    • $800 Net earnings
    • Personal needs and protected earned income allowance calculation:
    • $250 RSDI unearned income
    • – $60 PNA
    • = $190 Remainder

Calculation for PEI when earnings are greater than $120:

  • Deduct $30 from the first $120 of earned income:
    • $120
    • – $30
    • = $90 Remainder of first $120 of earned income
  • Deduct one-half the remainder of the first $120 of earned income:
    • $90 Remainder of first $120 of earned income
    • / 2
    • = $45 One-half the remainder of the first $120 of earned income
  • Deduct 30 percent of earnings more than $120:
    • $130 Earnings
    • – $120 First $120 of earned income
    • = $10 Earnings more than $120
    • x .3
    • = $3 30 percent of earnings more than $120
  • Calculation of total PNA/PEI:
    • $60 PNA
    • + $30 PEI deduction from the first $120 of earned income
    • + $45 PEI deduction of one-half the remainder of the first $120 of earned income
    • + $3 PEI deduction of 30 percent of earnings more than $120
    • = $138 Total PNA/PEI
  • Co-payment calculation:
    • $250 RSDI
    • + $130 Net earnings
  • Step 1
    • = $380 Total
  • Step 2
    • – $138 Total PNA/PEI
    • = $242 Income available for diversion
  • Step 3
    • + $800 Spouse's income
    • = $1,042 Total
  • Step 4
    • – $3,435 Spousal allowance
  • Step 5 N/A
  • Step 6 N/A
    • = $0 Co-payment for payment plan