(Revised 4/1/05 ML #2962)
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(N.D.A.C. Section 75-02-02.1-19.1)
Medically needy income disregards and deductions are allowed for the Family Coverage group except as specified in this section.
- The following medically needy deductions are not allowed:
- The $30 work training allowance; and
- The earned income deductions available to applicants and recipients who are not aged, blind, and disabled.
- The following disregards and deductions are allowed from earned income:
- An employment expense allowance equal to $120 of earned income is deducted from the gross earned income of each employed member of the Medicaid unit;
- For each employed member of the unit, a disregard equal to 1/3 of the balance of earned income (after deducting the employment expense allowance) is disregarded.
- The following additional deductions are allowed from earned or unearned income:
- The cost of an essential service considered necessary for the well-being of a family is allowed as a deduction as needed. The service must be of such nature that the family, because of infirmity, illness, or other extenuating circumstance, cannot perform independently. An essential service is intended to refer to such needs as housekeeping duties or child care during a parent’s illness or hospitalization, attendant services, and extraordinary costs of accompanying a member of the family unit to a distant medical or rehabilitation facility, etc. This deduction is not allowed if any third party, including TANF, pays it; and
- When the case includes a stepparent who is not eligible, or when a caretaker who is under age 18 lives at home with both parents and the parents are not eligible under the Family Coverage group, a deduction is allowed for amounts actually being paid by the stepparent or parents to any other persons not living in the home who are, or could be, claimed by the stepparent/parents as dependents for federal income tax purposes.
