The institutionalized spouse is allowed a deduction from the institutionalized spouse's income for the maintenance needs of the community spouse. The deduction is that amount remaining after subtracting the community spouse's monthly income from the maintenance allowance and any excess shelter allowance.

Source: 16 SDR 203, effective May 27, 1990; transferred from § 67:16:32:11, effective August 23, 1992.

General Authority: SDCL 28-6-1 , 28-6-18.

Law Implemented: SDCL 28-6-1 , 28-6-18.