§6.65 Community Spouse Resource Allowance and Minimum Monthly Maintenance Needs Allowance

• Library: Elder Law Deskbook (2023 Ed.)

2. (§6.65) Community Spouse Resource Allowance and Minimum Monthly Maintenance Needs Allowance

The community spouse has a right to an income allowance from the institutionalized spouse to avoid impoverishment. 42 U.S.C. § 1396r-5(d)(2). The income allowance consists of the MMMNA and, in certain circumstances, an excess shelter allowance. The MMMNA is based on 150% of the federal poverty level, and to the extent excess shelter expenses are added, is subject to a statutory maximum. Section 1396r-5(d)(3). The statutory maximum is referred to as the maximum TMS (Total Maintenance Standard). See also 13 CSR 40-2.200(5).

The applicable amounts for the MMMNA and the TMS are published in the IMM. IMM 0815.030.10.10–IMM 0815.030.10.10.25.

Effective January 1, 2022, the maximum TMS is $3,435. IMM 0815.000.10; IM-130 (Dec. 21, 2021). This amount typically...