IC 12-15-7-1 Persons entitled to allowance; receipt of care in hospital or nursing
home; amount of allowance
Sec. 1. Subject to section 2 of this chapter, an individual eligible
to receive Medicaid who is not living in the individual's own home
but is receiving care in a:
(1) hospital; or
(2) nursing facility;
may retain from the individual's income a personal allowance in an
amount 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 from
income 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 be
exclusively 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 in
sheltered workshop or day activity center; amount of allowance
Sec. 4. The personal allowance for one (1) month described in
sections 1, 2, and 3 of this chapter for an individual whose
employment is part of the recipient's individual habilitation plan or
who is working in a sheltered workshop or day activity center is the
amount 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 the
remainder 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 for
that month for payment of state income tax, federal income
tax, and the tax prescribed by the Federal Insurance
Contribution 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 eligibility
consideration; use of amount retained
Sec. 5. (a) In addition to the amount that may be retained as a
personal allowance under this chapter, an individual is allowed to
retain an amount equal to the individual's state and local income tax
liability.
(b) The amount that may be retained during a month may not
exceed one-third (1/3) of the individual's state and local income tax
liability for the calendar quarter in which the month occurs. This
amount is exempt from income eligibility consideration by the office.
(c) The amount retained under this section must be used by the
individual 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 from
income eligibility consideration
Sec. 6. (a) If an individual described in section 1 of this chapter:
(1) is a recipient of assistance under the federal Supplemental
Security Income (SSI) program; and
(2) receives an income that is less than the amount described in
section 2 of this chapter;
the office shall pay to the individual an amount equal to the
difference between the amount of the monthly allowance described
in section 2 of this chapter and the amount of income, including
assistance under the federal Supplemental Security Income (SSI)
program received by the individual.
(b) Money paid to an individual under subsection (a) is exempt
from income eligibility consideration. As added by P.L.294-2001, SEC.4. Amended by P.L.26-2003, SEC.1.
IC 12-15-7-1 Persons entitled to allowance; receipt of care in hospital or nursing
home; amount of allowance
Sec. 1. Subject to section 2 of this chapter, an individual eligible
to receive Medicaid who is not living in the individual's own home
but is receiving care in a:
(1) hospital; or
(2) nursing facility;
may retain from the individual's income a personal allowance in an
amount 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 from
income 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 be
exclusively 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 in
sheltered workshop or day activity center; amount of allowance
Sec. 4. The personal allowance for one (1) month described in
sections 1, 2, and 3 of this chapter for an individual whose
employment is part of the recipient's individual habilitation plan or
who is working in a sheltered workshop or day activity center is the
amount 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 the
remainder 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 for
that month for payment of state income tax, federal income
tax, and the tax prescribed by the Federal Insurance
Contribution 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 eligibility
consideration; use of amount retained
Sec. 5. (a) In addition to the amount that may be retained as a
personal allowance under this chapter, an individual is allowed to
retain an amount equal to the individual's state and local income tax
liability.
(b) The amount that may be retained during a month may not
exceed one-third (1/3) of the individual's state and local income tax
liability for the calendar quarter in which the month occurs. This
amount is exempt from income eligibility consideration by the office.
(c) The amount retained under this section must be used by the
individual 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 from
income eligibility consideration
Sec. 6. (a) If an individual described in section 1 of this chapter:
(1) is a recipient of assistance under the federal Supplemental
Security Income (SSI) program; and
(2) receives an income that is less than the amount described in
section 2 of this chapter;
the office shall pay to the individual an amount equal to the
difference between the amount of the monthly allowance described
in section 2 of this chapter and the amount of income, including
assistance under the federal Supplemental Security Income (SSI)
program received by the individual.
(b) Money paid to an individual under subsection (a) is exempt
from income eligibility consideration. As added by P.L.294-2001, SEC.4. Amended by P.L.26-2003, SEC.1.
IC 12-15-7-1 Persons entitled to allowance; receipt of care in hospital or nursing
home; amount of allowance
Sec. 1. Subject to section 2 of this chapter, an individual eligible
to receive Medicaid who is not living in the individual's own home
but is receiving care in a:
(1) hospital; or
(2) nursing facility;
may retain from the individual's income a personal allowance in an
amount 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 from
income 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 be
exclusively 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 in
sheltered workshop or day activity center; amount of allowance
Sec. 4. The personal allowance for one (1) month described in
sections 1, 2, and 3 of this chapter for an individual whose
employment is part of the recipient's individual habilitation plan or
who is working in a sheltered workshop or day activity center is the
amount 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 the
remainder 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 for
that month for payment of state income tax, federal income
tax, and the tax prescribed by the Federal Insurance
Contribution 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 eligibility
consideration; use of amount retained
Sec. 5. (a) In addition to the amount that may be retained as a
personal allowance under this chapter, an individual is allowed to
retain an amount equal to the individual's state and local income tax
liability.
(b) The amount that may be retained during a month may not
exceed one-third (1/3) of the individual's state and local income tax
liability for the calendar quarter in which the month occurs. This
amount is exempt from income eligibility consideration by the office.
(c) The amount retained under this section must be used by the
individual 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 from
income eligibility consideration
Sec. 6. (a) If an individual described in section 1 of this chapter:
(1) is a recipient of assistance under the federal Supplemental
Security Income (SSI) program; and
(2) receives an income that is less than the amount described in
section 2 of this chapter;
the office shall pay to the individual an amount equal to the
difference between the amount of the monthly allowance described
in section 2 of this chapter and the amount of income, including
assistance under the federal Supplemental Security Income (SSI)
program received by the individual.
(b) Money paid to an individual under subsection (a) is exempt
from income eligibility consideration. As added by P.L.294-2001, SEC.4. Amended by P.L.26-2003, SEC.1.
