a) The Department's claim against the estate of a deceased recipient or against the estate of the recipient's deceased spouse, regardless of the order of death, shall encompass:

1. 1) All income maintenance assistance paid out at any time; and

2. 2) All medical assistance paid out:

   1. A) at any time for a permanently institutionalized recipient whose real property is subject to the Department's lien; or
   2. B) All medical assistance paid out, except the costs of Community Care Program (CCP) services, prior to October 1, 1993, for a recipient while 65 years of age or older; or
   3. C) All medical assistance paid out on or after October 1, 1993, for a recipient while 55 years of age or older; or
   4. D) All medical assistance paid out for Medicare cost sharing expenses of a Qualified Medicare Beneficiary (QMB).

b) The claim shall apply to assistance provided to or in behalf of a recipient on or after the following dates:

f) The Department may defer or waive enforcement of its claim for income maintenance assistance if it determines that:

1. 1) The deceased recipient is survived by a dependent spouse and minor child or children; or
2. 2) Rehabilitative training for employment or other means of self-support for the surviving spouse or children is feasible, and deferment or waiver will facilitate achievement of self-support status and prevent or reduce the likelihood of return to dependency on public assistance of the spouse or children.