- (a) The standard of need for adult categorically needy medical assistance for individuals in independent living arrangements, as defined in He-W 801.05, shall be a fixed amount based on assistance group (AG) size.
- (b) Adult category individuals shall be treated as an AG size of one when determining eligibility, except when an adult category individual lives with a spouse in an independent living arrangement, eligibility shall be determined as an AG size of 2.
- (c) For each assistance group size, the standard of need for adult category individuals in independent living arrangements shall maintain the minimum payment level as specified by 42 USC 1382g.
- (d) When supplemental security income (SSI) benefits change due to an SSI flat rate increase, the standard of need for adult category individuals in independent living arrangements shall not increase, as a portion of the SSI flat rate benefit increase is excluded in order to maintain the minimum payment level as described in (c) above.
(e) When SSI benefits change due to a cost of living increase, the following method shall be used to determine the standard of need for each AG size for adult category individuals in independent living arrangements:
- (1) Amounts from SSI flat rate benefit increases which are excluded shall be subtracted from the SSI maximum benefit amount for AG sizes of one or 2 individuals;
- (2) The adult standard disregard as specified in He-W 854.16, shall be subtracted from the minimum payment level;
- (3) The amount determined in (e)(1) above shall be added to the amount determined in (e)(2) above; and
- (4) The sum, by AG size, shall be the standard of need for adult category individuals who reside in independent living arrangements.
Source. #13761, eff 9-28-23