Income overview 4: exclusions and allocations continued
To describe how various types and amounts of income affect an individual's eligibility for Categorically Needy (CN) or Medically Needy (MN) health care coverage.
Subtopic: Counting
-
WAC 182-512-0840 SSI-related medical -- Work and agency-related income exclusions.
-
WAC 182-512-0840 SSI-related medical -- Work and agency-related income exclusions.
Effective April 14, 2014.
The agency excludes the following when determining eligibility for Washington apple health (WAH) SSI-related medical programs:
- Work related expenses:
- That enable an SSI-related person to work; or
- That allows a blind or disabled person to work and that are directly related to the person's impairment.
- First sixty-five dollars plus one-half of the remainder of earned income. This is considered a work allowance/incentive. This deduction does not apply to income already excluded.
- Any portion of self-employment income normally allowed as an income deduction by the Internal Revenue Service (IRS).
- Earned income of a person age twenty-one or younger if that person meets the definition of a student as defined in WAC 182-512-0820.
- Veteran's aid and attendance, housebound allowance, unusual/unreimbursed medical expenses (UME) paid by the VA to some disabled veterans, their spouses, widows or parents. For people receiving WAH long-term care services, see chapter 182-513 WAC.
- Department of veterans affairs benefits designated for the veteran's dependent as long as the SSI-related applicant is not the dependent receiving the income. If an SSI-related applicant receives a dependent allowance based on the veteran's or veteran's survivor claim, the income is countable as long as it is not paid due to unusual medical expenses (UME).
- Payments provided in cash or in-kind, to an ineligible or nonapplying spouse, under any government program that provides social services provided to the person, such as chore services or attendant care.
- SSA refunds for medicare buy-in premiums paid by the person when the state also paid the premiums.
- Income that causes a person to lose SSI eligibility, due solely to reduction in the SSP.
- Tax rebates or special payments excluded under other statutes.
- Any public agency refund of taxes paid on real property or on food.
This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.
- Work related expenses:
-
WAC 182-512-0860 SSI-related medical -- Income exclusions under federal statute or other state laws.
-
WAC 182-512-0860 SSI-related medical -- Income exclusions under federal statute or other state laws.
Effective April 14, 2014.
The Social Security Act and other federal statutes or state laws list income that the agency excludes when determining eligibility for Washington apple health (WAH) SSI-related medical programs. These exclusions include, but are not limited to:
- Income tax refunds;
- Federal earned income tax credit (EITC) payments for 12 months after the month of receipt;
- Compensation provided to volunteers in the Corporation for National and Community Service (CNCS), formerly known as ACTION programs established by the Domestic Volunteer Service Act of 1973. P.L. 93-113;
- Assistance to a person (other than wages or salaries) under the Older Americans Act of 1965, as amended by section 102 (h)(1) of Pub. L. 95-478 (92 Stat. 1515, 42 U.S.C. 3020a);
- Federal, state and local government payments including assistance provided in cash or in-kind under any government program that provides medical or social services;
- Certain cash or in-kind payments a person receives from a governmental or nongovernmental medical or social service agency to pay for medical or social services;
- Value of food provided through a federal or nonprofit food program such as WIC, donated food program, school lunch program;
- Assistance based on need, including:
- Any federal SSI income or state supplement payment (SSP) based on financial need;
- Basic Food;
- State-funded cash assistance;
- CEAP;
- TANF; and
- Bureau of Indian Affairs (BIA) general assistance.
- Housing assistance from a federal program such as HUD if paid under:
- United States Housing Act of 1937 (section 1437 et seq. of 42 U.S.C.);
- National Housing Act (section 1701 et seq. of 12 U.S.C.);
- Section 101 of the Housing and Urban Development Act of 1965 (section 1701s of 12 U.S.C., section 1451 of 42 U.S.C.);
- Title V of the Housing Act of 1949 (section 1471 et seq. of 42 U.S.C.);
- Section 202(h) of the Housing Act of 1959; or
- Weatherization provided to low-income homeowners by programs that consider income in the eligibility determinations.
- Energy assistance payments including:
- Those to prevent fuel cutoffs; and
- Those to promote energy efficiency.
- Income from employment and training programs as specified in WAC 182-512-0780.
- Foster grandparents program;
- Title IV-E and state foster care maintenance payments if the foster child is not included in the assistance unit;
- The value of any childcare provided or arranged (or any payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act, as amended by section 8(b) of P.L. 102-586 (106 Stat. 5035);
- Educational assistance as specified in WAC 182-512-0760;
- The excluded income described in WAC 182-512-0770 and other income received by American Indians/Alaska Natives that is excluded by federal law;
- Payments from Susan Walker v. Bayer Corporation, et al., 96-c-5024 (N.D. Ill) (May 8, 1997) settlement funds;
- Payments from Ricky Ray Hemophilia Relief Fund Act of 1998, P.L. 105-369;
- Disaster assistance paid under Federal Disaster Relief P.L. 100-387 and Emergency Assistance Act, P.L. 93-288 amended by P.L. 100-707 and for farmers P.L. 100-387;
- Payments to certain survivors of the Holocaust as victims of Nazi persecution; payments excluded pursuant to section 1(a) of the Victims of Nazi Persecution Act of 1994, P.L. 103-286 (108 Stat. 1450);
- Payments made under section 500 through 506 of the Austrian General Social Insurance Act;
- Payments made under the Netherlands' Act on Benefits for Victims of Persecution (WUV);
- Restitution payments and interest earned to Japanese Americans or their survivors, and Aleuts interned during World War II, established by P.L. 100-383;
- Payments made from the Agent Orange Settlement Funds or any other funds to settle Agent Orange liability claims established by P.L. 101-201;
- Payments made under section six of the Radiation Exposure Compensation Act established by P.L. 101-426;
- Any interest or dividend is excluded as income, except for the community spouse of an institutionalized person; and
- Working families' tax credit payments under RCW 82.08.0206.
This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.