10A NCAC 23E .0204       PERSONAL NEEDS ALLOWANCE

An individual living in a long term care facility or other medical institution shall be allowed an amount for personal needs.  The personal needs allowance is the sum of the following, but not to exceed the income maintenance level provided by statute for a single individual (or a couple, if in the same LTC room) in a private living arrangement.

(1)           Standard Personal Needs Amount:

(a)           A thirty dollar ($30.00) deduction for one individual; or

(b)           Sixty dollar ($60.00) deduction for a married couple in the same long term care facility; or

(c)           Ninety dollar ($90.00) deduction for a veteran (or the surviving spouse of a veteran) with no living dependents whose pension has been reduced to ninety dollars ($90.00) by the Veterans Administration;

(2)           Individuals With Greater Need:

(a)           Work Incentive Allowance:  Individuals who reside in an ICF or ICF-MR facility and who are regularly engaged in work activities as part of their developmental plan for which they receive otherwise countable wages shall be allowed an incentive deduction in the following amounts:

 

Monthly Net Wages                                                                            Incentive Allowance

 

$    1 to $100                                                                                        Up to $50

$101 to $200                                                                                        $ 80

$201 to $300                                                                                        $130

$301 and greater                                                                                 $212

 

(b)           Guardianship fees:  Individuals, for whom a guardian of the estate has been named by the court, shall be allowed, for payment of guardianship fees, whichever of the following amounts is less:

(i)            10% of total monthly income from all sources, both earned and unearned; or

(ii)           Twenty-five dollars ($25.00) per month.

 

History Note:        Authority G.S. 108A-25(b); 42 C.F.R. 435.135; 42 C.F.R. 435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 42 C.F.R. 435.831; 42 U.S.C. 1383c(b); 42 U.S.C. 1383c(d);

Eff. September 1, 1994;

Transferred from 10A NCAC 21B .0313 Eff. May 1, 2012.