10- 144 C.M.R. ch. 332, § 7-1

Current through 2024-51, December 18, 2024

Section 144-332-7-1 - TREATMENT OF SSI - RELATED ASSETS

Assets, other than those excluded in Part 16, must be under the following limits on any day of the month to be eligible for that month.

Section 1.1: Categorically Needy Asset Limit

$2000 for a single individual, a married individual not living with a spouse or a child.

$3000 for an individual living with an ineligible spouse or an eligible couple.

Section 1.2: Working Disabled Asset Limits

$8000 for a single individual, a married individual not living with a spouse or a child.

$12,000 for an individual living with an ineligible spouse or an eligible couple.

Section 1.3: Deeming of Assets

When an eligible individual is living in the same household with an ineligible spouse, or if the eligible individual is a child under age 18 residing in the same household with a parent, the assets of the spouse or parent must be included in determining eligibility.

The assets of an ineligible spouse, or parent living with the individual, are deemed to the individual and are combined with the applicant's own assets.

Section 1.3.1Exclusions to Deeming Process

The assets listed below are excluded in determining the amount of the ineligible spouse's or ineligible parent's assets:

I. Assets excluded in Part 16 are also excluded here.

II. Assets owned by a stepparent.

III. Pension Funds (and other retirement accounts) which belong to the ineligible spouse or ineligible parent.

IV. Parent's assets are not considered in determining eligibility for the "Katie Beckett" coverage group.

V. If the asset is only in the child's name, then it does not affect the parent's eligibility since there is no deeming from child to parent.

VI. In determining eligibility for a child some assets may be deducted for legal parents and the balance applied to the child's asset limit. No assets are deducted for a stepparent.

The non-excluded assets of the parent in excess of $2000 (if the child is living with one legal parent) or $3000 (if the child is living with both parents) are deemed to the child and combined with the child's own non-excluded assets. The combined amount of deemed and own assets must be under the $2000 limit.

Example

The legal parents of Joe have non-excluded assets that total $4000. Joe has $200 of non-excluded assets of his own. We will deem $1000 of the parent's assets to Joe. Joe now has $1200 of countable assets which will be applied against his $2000 asset limit.

Section 1.3.2: Duration of Deeming

I. Deeming ends the month after the ineligible spouse and eligible individual cease to live together for any reason.

II. Deeming from parent to child stops the month after the child reaches age 18 or the month after the child no longer resides with the parents.

10- 144 C.M.R. ch. 332, § 7-1