WAC 182-512-0900 SSI-related medical -- Deeming and allocating of income.

The agency or its authorized representative considers income of financially responsible persons to determine if a portion of that income must be regarded as available to other household members.  

1. Deeming is the process of determining how much of another person's income is counted when determining eligibility of an SSI-related applicant.  When income is deemed to the SSI-related applicant from other household members, that income is considered the applicant's income.  Income is deemed only:
   1. From a nonapplying spouse who lives with the SSI-related applicant; or
   2. From a parent(s) residing with an SSI-related applicant child.
2. An allocation is an amount deducted from income counted in the eligibility determination and considered to be set aside for the support of a person other than the SSI-related applicant.  When income is allocated to other household members from the SSI-related applicant(s) or from the applicant's spouse, that income is not counted as income of the SSI applicant.
3. An SSI-related individual applying for categorically needy (CN) medical coverage must have countable income at or below the SSI categorically needy income level (CNIL) described in WAC 182-512-0010 unless the individual is working and meets all requirements for the healthcare for workers with disabilities (HWD) program described in WAC 182-511-1000 through 182-511-1250.
4. For institutional or home and community based waiver programs, use rules described in WAC 388-513-1315. 
5. The agency or its authorized representative follows rules described in WAC 182-512-0600 through 182-512-0880 to determine the countable income of an SSI-related applicant or SSI-related couple.
6. If countable income of the applicant exceeds the one-person SSI CNIL prior to considering the income of a nonapplying spouse or children, the applicant is not eligible for CN medical coverage and the agency or its authorized representative determines eligibility for the medically needy (MN) program.  If the countable income does not exceed the SSI CNIL, see WAC 182-512-0920 to determine if the income is to be deemed to the applicant from the nonapplying spouse.
7. If countable income (after allowable deductions) of an SSI-related couple both applying for medical coverage exceeds the two-person SSI CNIL, the couple is not eligible for CN medical coverage and the agency or its authorized representative determines eligibility for the medically needy (MN) program.
8. For CN medical coverage, allocations to children are deducted from the nonapplying spouse's unearned income, then from their earned income before income is deemed to the SSI-related applicant.  See WAC 182-512-0820.
9. For MN medical coverage, allocations to children are deducted from the income of the SSI-related applicant or SSI-related applicant couple.  See subsection (10) of this section to determine the amount of the allocation.
10. An SSI-related individual or couple applying for MN medical coverage is allowed an allocation to a nonapplying spouse, their SSI recipient spouse or their dependent child(ren) to reduce countable income before comparing income to the medically needy income level (MNIL) described in WAC 182-519-0050.  The agency or its authorized representative allocates income:
    1. Up to the effective one-person MNIL to a nonapplying spouse or SSI recipient spouse minus the spouse's countable income; and
    2. Up to one-half of the federal benefit rate (FBR) to each dependent minus each dependent's countable income.  See WAC 182-512-0820 for child exclusions.

11. A portion of a nonapplying spouse's income may be deemed to the SSI-related applicant:

a.  See WAC 182-512-0920 (5) to determine how much income is deemed from a nonapplying spouse to the SSI-related applicant when determining CN eligibility; and

b.  See WAC 182-512-0920 (10) to determine how much income is deemed from a nonapplying spouse to the SSI-related applicant when determining MN eligibility.

12. A portion of the income of an ineligible parent or parents is allocated to the needs of an SSI-related applicant child.  See WAC 182-512-0940 (4) through (7) to determine how much income is allocated from ineligible parent(s).
13. Only income and resources actually contributed to an alien applicant from their sponsor are counted as income.  For allocation of income from an alien sponsor, refer to WAC 388-450-0155.