TN 66 (02-95)

A. Policy

When an income determination was correct in the month the income was received, do not revise that determination for the sole reason that a State or local government retroactively changes the source of the funds.

B. Examples

1. Private institution

a. Situation

Leo Muldoon, an eligible individual, lives in Green Acres, a private, for-profit, domiciliary care institution. From January through December 1989, his family paid the institution $200 per month for his care and he was charged ISM equal to the PMV. In December 1989, as a result of a new State law, the facility received increased assistance based on need for Mr. Muldoon's care from January through December 1989. Since this increased assistance rendered further family payments unnecessary and duplicated past payments, the institution refunded all monies paid by the family in January through December 1989 and notified them that no further payments would be required.

b. Determination

The district office (DO) determined that Mr. Muldoon received countable ISM in January through December 1989, but that he no longer receives countable ISM in January 1990 and continuing.

2. Foster care

a. Situation

An application is filed on behalf of Lisa Bowen, a disabled child, in June 1989. At the time of application, Miss Bowen is receiving IV-E foster care. The DO correctly determines that these payments are income based on need to her. In December 1989, Miss Bowen's SSI payments begin. In February 1990, the DO receives notification that the child's foster care has been transferred from IV-E to a foster care program funded wholly by the State as assistance based on need. The January 1990 foster care payment was paid wholly from State funds. Also, the DO learns that the funding change was retroactively effective to June 1989.

b. Determination

The DO determines that Miss Bowen received income based on need in June through December 1989 and assistance based on need beginning with January 1990, the month in which payments were first made under the State's own foster care program.