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DHS home | SPD Staff Tools | SPD Manual Letters | Manual Letter #36

SPD Manual Letters

Manual Letter #36

Effective Date: April 1, 2007
Reference: CAF Administrative Rules Manual Letter #43

Manual

Change

Section/Item

Rule Change

Counting Client Assets

Annuity and pension/retirement fund policy is changed to specify that a client may purchase an annuity with specific retirement funds and it can be considered an annunity, but this policy does not apply to a community spouse.

B.5
B.6
B.50

461-145-0020
461-145-0022
461-145-0380
  Bank account policy amended to outline when funds in a bank account are counted in the eligibility process. B.8 461-145-0030
  Clarify the definition of cash, clarify the relationship of this rule to
other rules on this topic, and differentiate between the treatment of cash and checks in the eligibility process for food stamps, medical assistance, and public assistance.

B.11

 

461-145-0060
  Cash contribution policy amended because the previous policy appears to exclude contributions other than cash. This rule was renamed "contribution" and renumbered. B.13 461-145-0086
  Amended to specify the various types of disaster relief and the scope of the exclusions. B.16 461-145-0100
  Earned income tax credit is now excluded for all programs B.21 461-145-0140
  Income producing property - Properties qualifying as a trade or business are no longer required to have a minimum amount of countable income in order for the equity value of the property to be excluded for eligibility purposes. When a client rents out a home that they previously occupied, it is not a trade or business unless the criteria of the rule is met. See PT-07-007. B.34
461-145-0250
  The fair market value of real property can now be determined by any reasonable methodology. B.57 461-145-0420
  Amended to comply with federal requirements regarding the treatment of retroactive SSB and SSI payments. B.66
B.69
461-140-0120
461-145-0490
461-145-0510
  The distributions allowed under an
income cap trust have been limited to better align with the deductions allowed for other service clients. See PT-07-007.
B.74
OSIP WG.5
461-145-0540
  Also, amended to make changes that follow federal law in which there is no age limit of 65 when determining whether assets in a pooled trust are excluded and there is a 65-year age limit when determining whether a transfer of assets applies. See PT-07-007. B.74 461-140-0242
461-145-0540
Generic Program Elements Add further detail to the circumstances by which a client can request a hearing. B 461-025-0310
  A continuing benefit decision notice is required when the Department takes an action based on a monthly change report. D.4 461-175-0270
Glossary Multiple additions. N/A N/A
OHP New policy outlining how to determine the date of request for an ongoing client. B.2 461-115-0030
  Standards updated based on the increase to the federal poverty levels. Effective 1/24/07. E.6
SPD WG E.5
461-155-0225
OSIP New policy outlining how to determine the date of request for an ongoing client. B.3 461-115-0030
  Added policy regarding a religious exemption to the SSN requirement. D.3 461-120-0210
  Amended to more clearly reflect the language contained in federal regulation about the current process for determination of disability. D.6 461-125-0370
  Clients in an acute care hospital receive benefits as if they were in a NF and do not pay a liability. D.11
E.4
F.3
461-135-0750
461-160-0610
461-165-0120
  Updated the EPD income standard based on the increase to the federal poverty level. Corrected the prorated standards for OSIPM. E.2 461-155-0250
  Transfer policy amended so that it is consistent with federal law regarding transfers to and for the sole benefit of a spouse or a child. Also, clarified that a transfer of assets is disqualifying if care is provided for free or if there is not a reasonable level of care provided.

E.9

461-140-0242

Removed the calculation for a disqualification period related to annuities purchased after July 1, 2006 that pay out beyond the annuitant's lifetime. Also, penalty periods cannot overlap and must be served sequentially for a transfer of asset disqualification by current recipients that occurred on July 1, 2006 or later and to describe how to calculate the disqualification period when both spouses must serve a penalty for the same disqualifying transfer. E.12 461-140-0296
  Policy clarified as the language was not specific regarding the requirement that a special assistance animal must be trained to perform physical tasks that the client is unable to do. H.3 461-155-0530
  Clarified because the previous policy does not state that nutritionist verification is required. H.13 461-155-0670
  Added a note after example #2. The note explains how the resource calculation would be different if the person was in a NF rather than an adult foster home. WG.2 N/A
  New WG on 1619(b) status. WG.9 N/A
QMB Added policy regarding a religious exemption to the SSN requirement. D.2 461-120-0210
  Updated the income standards based on the increase to the federal poverty level. Effective March 1. E.2
SPD WG E.5

461-155-0290
461-155-0291
461-155-0295

SPD Worker Guide Revised the worker guide on forming eligibility groups. C.1 N/A
  Updated the amount of money that a person receives through OTAP. D.6 N/A
  Added reports to the worker guide on Client Maintenance System. G.8 N/A
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