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SPD Manual Letters

Manual Letter #41

Effective Date: July 1, 2008
Reference: CAF Administrative Rules Manual Letter #48

Manual changes are summarized below. Click on the related links and the change will be indicated with red text or a red line to the right of the text (you may need to scroll to find the related policy change). There is no red indication for the corresponding changes to the Administrative Rules.

Manual

Change

Section/Item

Rule Change

Counting Client Assets Excluded assets. Amended to state that an asset that is excluded remains excluded as long as the asset is used in a manner consistent with the rule that provided the exclusion. A.1 461-140-0010
  Annuities. When monthly payments from annuities are counted as unearned income, the income is attributed to the payee (not the annuitant). Also being amended to state that qualifying annuities must be actuarially sound by paying out over a period of time within three months of the actuarial life expectancy of the annuitant. In addition, the OSIPM policy is being
amended to restate the policy on how to treat annuities purchased before January 1, 2006.
B.5
B.6
461-145-0020
461-145-0022
  Disability insurance benefits. Amended to state that for OSIP(M) and QMB, disability insurance payments can be counted as earned income if the income is received within six months of stopping work and the employer has contributed to the insurance. B.15 461-145-0090
  Individual Development Accounts. Policy is being added on the treatment of Individual Development Accounts. B.36 461-145-0261
 
Life estate. Amended to clarify the treatment of life estates that are not disqualifying in OSIP(M) and QMB and to specify the circumstances under which the value of a life estate may be considered unavailable. Also, QMB is being removed from the programs affected by transfers for less than fair market value. B.41 461-145-0310
Generic Program Elements Personal Injury Liens. Added the procedures related to the electronic submission of forms. Please note: You can send both the DHS 451 NV and 451 to PIL electronically. The 451 was previously omitted from this process. See SPD-IM-08-033. H N/A
Glossary Initial month. Added a definition of the initial month for clients who must serve a disqualification due to a transfer of resources. Initial month 461-001-0000
OHP

Removed the requirement that an application must be received by the 30th day in order to maintain the original date of request.

B.2 461-115-0030
  Pursing assets. An individual is not required to purse any asset if they can show good cause for not doing so. D.4 461-120-0330
  Removed the requirement that a withdrawal from FHIAP cannot be voluntary. (effective 6.1.08) D.10 461-135-1100
OSIP Need group. Amended to specify the differences in the need group when an adult is applying and income is being deemed to a child. C.4 461-110-0630
 

Pursing assets. An individual is not required to purse any asset if they can show good cause for not doing so.

D.4

461-120-0330

  Assumed eligibility. An individual is not assumed eligible for LTC If countable resources exceed the limit after performing the community spouse resource allowance. D.9 461-135-0010
  Updated the room and board and PIF standards to clarify the standards for children. E.2 461-155-0270
  Updates to the minimum income and monthly housing allowance amounts for a community spouse. E.4
WG.1
WG.2
WG.6
461-160-0620
  Deemed resources for children. States how to treat resources when a child is applying for benefits by adding provisions that state which assets of an adult may be deemed available to children. E.6 461-160-0010
461-160-0551
  Further clarified that a transfer of assets is not disqualifying if the asset was personal belongings. Added a reference to the rule. E.9 461-140-0220
  Clarify the policy for effective dates for services and special needs. F.4 461-180-0040
  Added policy to state that if a client is deceased and a person acting on their behalf makes application for them, that person may be eligible for retroactive medical. F.4 461-135-0875
 
Pickle. Client's pickled income is now compared to the SSI standard. Also, the calculation for couples in the same financial group was clarified. Added a demonstration to explain the eligibility calculation for Pickle clients.
G.4
WG.9
461-135-0780
  Removed the policy for disabled widows and widowers who lost their SSI because the actuarial reduction for people under the age of 60 increased their widow/widower's
benefits and resulted in terminating the SSI. There are no current clients in this category and there cannot be
any new clients in this category.
G.7 Repealed
  "Room and board" and "transportation costs" special need policies have been repealed. N/A 461-155-0500
  Deeming resources policy added. WG.8 461-160-0010
461-160-0551
QMB Pursing assets. An individual is not required to purse any asset if they can show good cause for not doing so. D.3 461-120-0330
SPD Worker Guide Noncitizen chart updated to reflect the changes to alien status requirements for Iraq and Afgan immigrants. (effective 2.25.08) D.1 461-120-0120
461-120-0125
  Personal Injury Liens. Added the procedures related to the electronic submission of forms. Please note: You can send both the DHS 451 NV and 451 to PIL electronically. The 451 was previously omitted from this process. See SPD-IM-08-033. G.1 N/A
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