Section 240.825  Income

a)         Documentation of all currently available income that is not specified as exempt shall be provided during the applicant's/client's determination/redetermination of eligibility for CCP.

b)         The first $25 of earned or unearned income (other than Supplemental Security Income (SSI) or contributions from a spouse or other individual) is exempt from consideration in determining the monthly expense for care to be assessed in accordance with Section 240.855 of this Part prior to July 1, 2010.  A client is eligible for only one $25 exemption regardless of the types or sources of earned or unearned income.

c)         In accordance with provisions of 89 Ill. Adm. Code 120.379, an applicant/client whose spouse (i.e., community spouse) is not receiving CCP services may divert income to his/her spouse so that the spouse may have exempt income up to the amount exempted by the Illinois Department of Healthcare and Family Services (see 89 Ill. Adm. Code 120.379(e)) for a community spouse.  This income shall be exempt in determining the monthly expense for care to be assessed the CCP applicant/client prior to July 1, 2010.

d)         Except for income exempted in accordance with subsection (a), all income diverted in accordance with provisions of 89 Ill. Adm. Code 120.379 from a spouse who resides in a long term care facility to a CCP applicant/client shall be considered in determining the monthly expense for the care to be assessed the CCP applicant/client prior to July 1, 2010.

(Source:  Amended at 35 Ill. Reg. 8919, effective June 2, 2011)