J-7400, Spousal Impoverishment Dependent Allowance

Revision 21-3; Effective September 1, 2021

To calculate the dependent allowance for spousal cases, subtract the dependent's income from 150 percent of the monthly federal poverty level (FPL) for a family of two and divide the remainder by three. Mandatory payroll deductions also apply to a dependent's earned income.

Dependent family members may be either spouse's minor or dependent children, dependent parents, or dependent siblings (including half-brothers, half-sisters and siblings gained through adoption) who were living in the institutionalized person’s home before the person’s institutionalization and are unable to support themselves outside the person’s home because of medical, social or other reasons.

Note: College students capable of supporting themselves do not meet the definition of a dependent.

The base amounts (150 percent of the FPL for two) for calculating the dependent allowance are:

Time Period

Amount

July 1, 2021 to present $2,178
July 1, 2020 to June 30, 2021 $2,155
July 1, 2019 to June 30, 2020 $2,114
July 1, 2018 to June 30, 2019 $2,058
July 1, 2017 to June 30, 2018 $2,030
July 1, 2016 to June 30, 2017 $2,003
July 1, 2015 to June 30, 2016 $1,992
July 1, 2014 to June 30, 2015 $1,967
July 1, 2013 to June 30, 2014 $1,939
July 1, 2012 to June 30, 2013 $1,892
July 1, 2011 to June 30, 2012 $1,839

Deduct the entire dependent allowance even if it is not made available to the dependent.

The community spouse can appeal the dependent allowance amount based on undue hardship caused by financial duress. Only hearing officers can set higher diversion amounts for cases of undue hardship. Review cases of undue hardship every six months to monitor for changes in circumstances.

Related Policy

General Information for Co-Payment, H-1000
Dependent Allowance, H-1600