JCAR890120-1011664r08 1 This version includes all HFS 1st ...

JCAR890120-1011664r0817181719172017211722172317241725172617271728172917301731173217331734173517361737173817391740174117421743174417451746174717481749175017511752175317541755175617571758175917603) the amount transferred under a court order against an institutionalizedspouse for the support of the community spouse.A) The Department will measure the amount of an allowable increasein the CSAA by the cost to purchase an actuarially sound singlepremium life annuity producing monthly payments that, whenadded to the community spouse's income, will be sufficient to raisethe community spouse's income to, but not more than, theCommunity Spouse Maintenance Needs Allowance. If assets areinsufficient to purchase such an annuity, the Department willmeasure the amount of an allowable increase in the CSAA by thecost to purchase an actuarially sound single premium life annuityproducing monthly payments using available assets.B) It is the appellant's responsibility to provide the Department withan estimate from a reputable company of the cost to purchase theannuity.C) The Department may compare the estimate with availableinformation on the cost of other single premium life annuities.D) In calculating the amount of the community spouse's income afterapproval of an increased CSAA, the Department shall deem theamount of the annuity payments as being available to thecommunity spouse, although it will not require the actual purchaseof an annuity.e) The appeal hearing, described in subsection (d)(2) of this Section, shall be heldwithin 30 days after the date the appeal is filed.e)f) Deductions are allowed from an institutionalized spouse's post-eligibility theMANG client's non-SSI income (pursuant to Section 120.61(d) and (e)) for acommunity spouse income allowance and a family allowancefor a CommunitySpouse Maintenance Needs Allowance and a Family Maintenance NeedsAllowance for each dependent family member who is living with the communityspouse and who does not have enough income to meet his or her needs. Familymembers include dependent children under age 21, dependent adult children,dependent parents or dependent siblings of either spouse. The deductionsareamount of the deduction is determined as follows:1) The deduction for the Community Spouse Maintenance Allowance.SpouseMaintenance Needs Allowance, as of October 1, 1989, is equal to thecommunity spouse maintenance needs standard ($1,500) less any