Probate & Trust Law Section Conference Manual ... - Minnesota CLE

from July 1, 2012, through June 30, 2013. HCPM § 22.45. The
income allowance is expected to increase on July 1, 2013, for the
following year.
c. In calculating the amount of income protected for a community
spouse, the community spouse's shelter expenses are taken into
account. See, generally, HCPM § 23.15.10.05. For treatment of
income, see HCPM Ch. 21. If the Community Spouse’s shelter
expenses exceed the Basic Shelter Allowance (see below), the
Community Spouse can qualify for an additional income allowance
from the income of the MA spouse.
d. The Community Spouse’s shelter expenses are calculated by adding
actual monthly expenses for rent or mortgage payments,
property taxes, homeowners or renters insurance, and condo or
townhouse association monthly maintenance charges. These
actual expenses are added to Standard Utility Allowance (see
below). HCPM § 22.45.
e. As of October 1, 2012, the Standard Utility Allowance was
increased from $402 per month to $450 per month if the
community spouse pays for heating or cooling; $138 (formerly
$120) if the community spouse has no heating or cooling
expenses, but pays for electricity; and $37 (no change from the
previous year) if the community spouse has telephone expenses.
These utility allowances have nothing to do with the actual
expenses incurred for these items. HCPM § 22.45.
f. On July 1, 2012, the Basic Shelter Allowance for a community
spouse increased from $552 to $568. HCPM § 22.45. The Basic
Shelter Allowance is expected to increase on July 1, 2013.
g. If the community spouse's actual shelter expenses for the
countable expenses exceed the Basic Shelter Allowance, the
excess, known as the Excess Shelter Allowance, is added to the
Minimum Income Allowance. This increases the amount of
income protected for the community spouse, up to the Maximum
LTC Community Spouse Income Allowance. (see below) HCPM
§ 22.45.
h. On January 1, 2013, the Maximum LTC Income Allowance
increased from $2,841 to $2,898. HCPM § 22.45. The Maximum
LTC Income Allowance will not increase again until January 1,
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