(Revised 1/1/08 ML #3120)
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IM 5054
(N.D.A.C. Section 75-02-02.1-24(2)(3) and (7))
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The community spouse asset allowance is computed considering the assets as of the first continuous period of institutionalization of the institutionalized spouse, or as of the beginning of the first continuous period of receipt of HCBS by a HCBS spouse.
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The community spouse asset allowance is determined by first establishing a spousal share. The spousal share is an amount equal to one half of the total value of all countable assets owned (individually or jointly) by the institutionalized, HCBS, or community spouse.
Example:
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If the couple's countable assets are: |
The community spouse share is: |
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$25,000 |
$12,500 |
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$90,000 |
$45,000 |
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$250,000 |
$125,000 |
From the spousal share, the community spouse asset allowance is established, and is an amount that is equal to the community spouse share, but not less than $20,880, and not more than $104,400, effective January 2008 ($20,328 and $101,640 effective January 2007).
Example:
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If_the_spousal share is: |
The community spouse asset allowance is: |
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$12,500 |
$20,880 (at least the minimum) |
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$45,000 |
$45,000 |
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$125,000 |
$104,400 (one-half is more than the maximum allowed, so the community spouse gets the maximum) |
The community spouse asset allowance may be adjusted by any additional amount transferred under a court order or established through a fair hearing.
Adjustments in the minimum and maximum allowed for a community spouse may also adjust the community spouse asset allowance.
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After the institutionalized or HCBS spouse has been determined eligible, the community spouse is no longer subjected to the community spouse asset allowance.
