360-4.7 Standard exemptions.

    (a) Resources. All resources available to the household of a pregnant woman, an infant younger than one year of age, a child at least one year of age but younger than six years of age whose household income does not exceed 133 percent of the applicable federal poverty line set forth in section 360-4.7(b) of this Subpart, or a child born after September 30, 1983 who is at least six years of age but younger than 19 years of age and whose household income does not exceed 100 percent of the applicable federal poverty line set forth in section 360-4.7(b) of this Subpart, are exempt from consideration in determining whether such pregnant woman, infant, or child is medically need. The following resources are exempt from consideration in determining whether any other MA applicant/recipient is medically needy:

        (1) a homestead which is essential and appropriate to the needs of the household. Homestead is defined in section 360- 1.4(f) of this Part.

            (i) For persons under 21 years of age and persons ineligible for ADC solely because their income and resources are above eligibility limits, a homestead loses its exempt status if the owner is in a medical facility in permanent absent status, as defined in section 360-1.4(k) of this Part, and no spouse, child under 21 years of age, certified blind or certified disabled child, or other dependent relative is living in the home.

            (ii) For persons who are 65 years of age or older, certified blind or certified disabled, a homestead loses its exempt status if the owner moves out of the home without the intent to return, and no spouse, child under 21 years of age, certified blind or certified disabled child, or other dependent relative is living in the home.

            (iii) As set forth in section 360-4.4(c)(2) of this Part, transfers of homesteads to certain persons may result in ineligibility for MA coverage of certain care, services, and supplies, including nursing facility services;

        (2) essential personal property including but not limited to:

            (i) clothing and personal effects;

            (ii) household furniture, appliances, and equipment;

            (iii) tools and equipment which are necessary for a trade or business; and

            (iv) an automobile;

        (3) one burial plot or space per household member; and

        (4) savings equal to at least one-half of the appropriate income exemption allowed.

    (b) Income.

        (1) After an applicant's/recipient's household size has been determined, all available income identified and all applicable disregards applied, the applicant's/recipient's net available household income will be compared to the appropriate standard, except as provided in paragraphs (2), (3), and (4) of this subdivision. The standard which will be used by the social services district is the MA standard shown on the following schedule, or the Public Assistance (PA) Standard of Need, whichever is higher.

            Schedule MA-2

Number in
Household
1                     2                3                4                5                      6                     7
*Annual
$6,700         9,700          9,800        10,200         11,900              13,600          15,300
**Monthly
    559           809              817              850              992                  1,134          1,275

*For each additional person after seven add $1,700.

**For each additional person after seven add $142.

        (2) The net available income of a pregnant woman, an infant younger than one year of age, or a child born after September 30, 1983 who is at least six years of age but younger than 19 years of age will be compared to the highest of the following three amounts: the applicable MA standard; the applicable PA Standard of Need; or, 100 percent of the applicable poverty line, as set forth in the following schedule:

Poverty Lines effective January 1, 1996

Number in Household
1                      2                   3                      4                       5                       6                  7
*Annual
$7,740     $10,360          $12,980          $15,600              $18,220              $20,840      $23,460
**Monthly
    645         863                  1,081              1,300                  1,518                  1,736          1,955
* For each additional person after seven add $2,620
**For each additional person after seven add $ 218

        (3) If the net available household income of a pregnant woman or infant younger than one year of age exceeds the highest of the three amounts described in paragraph (2) of this subdivision, the social services district will compare it to 185 percent of the applicable poverty line, as set forth in the following schedule:

185 Percent of Poverty Lines effective January 1, 1996

Number in Household
    1                  2                  3                   4                5                  6                   7
*Annual
$14,319     $19,166     $24,013          $28,860     $33,707      38,554         $43,401
**Monthly
    1,193     1,597              2,001              2,405          2,808          3,212          3,616
* For each additional person after seven add $4,847
**For each additional person after seven add $ 403

        (4) The net available household income of a child at least one year of age but younger than six years of age will be compared to the the applicable MA standard or the PA standard of need, whichever is higher. If the net available household income of such child exceeds the higher of these two amounts, the social services district will compare it to 133 percent of the applicable federal poverty line, as set forth in the following schedule:

133 Percent of Poverty Lines effective January 1, 1996

Number in Household
1                      2                  3               4                  5                       6                          7
*Annual
$10,294     $13,778     $17,263      $20,748     $24,232              $27,717              $31,201
**Monthly
    857         1,148          1,438          1,729              2,019                  2,309                  2,600
For each additional person after seven add $3,484
**For each additional person after seven add $290

        (5) To determine if an individual meets the income requirements to be a specified low income Medicare beneficiary as defined in 360-7.7(i) of this Subpart, compare the individual's income to 100 percent of the poverty line as defined in paragraph (2) of this subdivision and 120 percent of the poverty line as set forth in the following schedule. The individual's income meets the income requirements if it is greater than 100 percent, but less than 120 percent of the poverty line:

120 Percent of Poverty Lines effective January 1, 1996

Number in Family                  1              2
*Annual                          $9,288      $12,432
**Monthly                         $774      $1036

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