1. A. The cost of care portion for a client receiving residential services is based on the amount of income or benefits the client receives, including Social Security, Veteran’s, and Railroad Retirement benefits.
2. B. The client shall keep either 12% or $50 of the client’s monthly income or benefits, whichever is greater, until the client’s personal savings reach the maximum amount allowed by the federal agency providing the benefits, before federal benefits are cut off.
3. C. When a client reaches the maximum allowable limit of personal savings as described in subsection (A) the client’s monthly cost of care portion is the actual cost of residential services until the client’s personal savings drop below the maximum allowable limit.
4. D. If a client receives a retroactive benefit payment, the client shall retain the greater of either 12% of the total amount of the retroactive payments or the maximum amount allowed by the benefit source before federal benefits are cut off. The client shall pay the rest of the retroactive benefit payments, up to the actual cost of the client’s residential services, to the Division to cover the months of placement in residential services for which the benefits are being paid.
5. E. If a client receiving residential services uses the client’s own income to pay either all or part of the rent, food, or utilities, the Division shall reduce the cost of care for the client by the documented amount the client pays for these items.

Historical Note

Adopted as an emergency effective October 31, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R6-6-1204 adopted effective July 9, 1979 (Supp. 79-4). Repealed as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-4). Former Section R6-6-1204 repealed, new Section R6-6-12-04 adopted as an emergency effective November 16, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R6-6-1204 repealed, new Section R6-6-1204 adopted as an emergency effective November 16, 1981 now adopted and amended as a permanent rule effective February 17, 1982 (Supp. 82-1). Correction to emergency effective August 12, 1981, should read: Former Section R6-6-1204 repealed, new Section R6-6-1204 adopted as an emergency effective August 12, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-1). Former Section R6-6-1204 renumbered to R6-6-1206, new Section R6-6-1204 adopted effective September 30, 1993, under an exemption from A.R.S. Title 41, Chapter 6 (Supp. 93-3). Former Section R6-6-1204 repealed, new Section renumbered from R6-6-1205 and amended under an exemption from A.R.S. Title 41, Chapter 6 effective December 1, 1996; filed in the Office of the Secretary of State November 22, 1996 (Supp. 96-4). Amended by exempt rulemaking at 10 A.A.R. 205, effective January 1, 2004 (Supp. 03-4). Amended by exempt rulemaking at 16 A.A.R. 1136, effective on June 15, 2010 at request of the Department, Office File No. M10-462, filed December 6, 2010 (Supp. 10-2).