0805.000.00 Eligibility

0805.020.05 Definition of Living With a Parent

IM-120 November 18, 2021

Deeming of parental income and resources is based on the living arrangement and marital status of the disabled child.

A disabled child is considered to be living with a parent when the child resides in the same home with a natural or adoptive parent (unless the disabled child’s spouse is in the home).  A child is also considered as living with a parent:

  • when the child is out of the home to attend school;
  • when the child is hospitalized for 30 days or less;
  • when the child is in a psychiatric treatment facility Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) for 30 days or less; or
  • during a period of temporary absence.

A disabled child is NOT considered to be living with a parent if:

  • a natural or adoptive parent is not in the home;
  • the child is married and living with their spouse, even though a parent may be in the same home;
  • the child resides in a Nursing Facility or Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID);
  • the child is the custody of a state agency and placed in Foster Care or a Group Home;
  • the child is in a hospital or psychiatric treatment facility (JCAHO), and the stay is expected to be for more than 30 days; or
  • the child and parent are not residing in the same household for a period of time longer than that which is considered a temporary absence.

A temporary absence exists when an individual (child or parent) leaves the household but intends to, and does, return in the same month or following month.  When a child is out of the home to attend school, the absence is always considered temporary when the parents retain custody, care and control of the child.

Parental income and resources are only deemed if the child meets the above definition of living with a parent.  If a child is not considered to be living with a parent, do not deem parental income and resources.  However, include any income that the parent actually contributes to the child as the child’s unearned income.

When a disabled child reaches age 18 or moves from the parent’s home, stop deeming effective with the following month.

Example:  If a child turns age 18 on February 10, the parent’s income and resources are deemed to determine February eligibility.  Determine March eligibility without deeming the parent’s income and resources.