CHAPTER 7. PERSONAL ALLOWANCE

IC 12-15-7
    Chapter 7. Personal Allowance

IC 12-15-7-1
Persons entitled to allowance; receipt of care in hospital or nursinghome; amount of allowance
    Sec. 1. Subject to section 2 of this chapter, an individual eligibleto receive Medicaid who is not living in the individual's own homebut is receiving care in a:
        (1) hospital; or
        (2) nursing facility;
may retain from the individual's income a personal allowance in anamount to be established by the office.
As added by P.L.2-1992, SEC.9.

IC 12-15-7-2
Amount of allowance; permissible range
    Sec. 2. Fifty-two dollars ($52) monthly may be exempt fromincome eligibility consideration.
As added by P.L.2-1992, SEC.9. Amended by P.L.272-1999, SEC.40;P.L.294-2001, SEC.3.

IC 12-15-7-3
Use of allowance
    Sec. 3. The money described in section 2 of this chapter may beexclusively used by the recipient for the recipient's personal needs.
As added by P.L.2-1992, SEC.9.

IC 12-15-7-4
Individuals employed as part of habilitation plan or working insheltered workshop or day activity center; amount of allowance
    Sec. 4. The personal allowance for one (1) month described insections 1, 2, and 3 of this chapter for an individual whoseemployment is part of the recipient's individual habilitation plan orwho is working in a sheltered workshop or day activity center is theamount that a person would be entitled to retain under sections 1, 2,and 3 of this chapter plus an amount equal to one-half (1/2) of theremainder of:
        (1) gross earned income for the month; minus
        (2) the sum of:
            (A) sixteen dollars ($16);
            (B) the amount withheld from the recipient's paycheck forthat month for payment of state income tax, federal incometax, and the tax prescribed by the Federal InsuranceContribution Act (26 U.S.C. 3101 et seq.); and
            (C) transportation expenses for the month.
As added by P.L.2-1992, SEC.9.

IC 12-15-7-5
Retention of amount equal to individual's state and local income

tax liability; monthly limitation; exemption from income eligibilityconsideration; use of amount retained
    Sec. 5. (a) In addition to the amount that may be retained as apersonal allowance under this chapter, an individual is allowed toretain an amount equal to the individual's state and local income taxliability.
    (b) The amount that may be retained during a month may notexceed one-third (1/3) of the individual's state and local income taxliability for the calendar quarter in which the month occurs. Thisamount is exempt from income eligibility consideration by the office.
    (c) The amount retained under this section must be used by theindividual to pay any state or local income taxes owed.
As added by P.L.2-1992, SEC.9.

IC 12-15-7-6
Payment calculation for federal SSI recipient; exemption fromincome eligibility consideration
    Sec. 6. (a) If an individual described in section 1 of this chapter:
        (1) is a recipient of assistance under the federal SupplementalSecurity Income (SSI) program; and
        (2) receives an income that is less than the amount described insection 2 of this chapter;
the office shall pay to the individual an amount equal to thedifference between the amount of the monthly allowance describedin section 2 of this chapter and the amount of income, includingassistance under the federal Supplemental Security Income (SSI)program received by the individual.
    (b) Money paid to an individual under subsection (a) is exemptfrom income eligibility consideration.
As added by P.L.294-2001, SEC.4. Amended by P.L.26-2003, SEC.1.