Sea Girt  (732) 974-8898         Middletown  (732) 706-8008

Personal Needs Allowance

by | Sep 26, 2016 | Medicaid Planning

Medicaid is a health payment plan for needy individuals.  If a person qualifies for Medicaid benefits, the program will pay for many of the costs associated with long-term care.  Medicaid will pay for care in a nursing facility, care in an assisted living residence, and long-term care at home, such as a home health aide.

Since Medicaid is for needy individuals, a qualified beneficiary must have very limited assets.  A Medicaid beneficiary can retain no more than $2,000 in countable assets.  Countable assets include all assets with the exception of certain, limited non-countable assets.  Non-countable assets are the home (if the beneficiary is living in the home), a car, a prepaid funeral, and personal goods.

A Medicaid beneficiary must also have very limited income.  The beneficiary’s income must be insufficient to pay for her care.  So, for instance, if a Medicaid beneficiary had $10,000 a month in income and the cost of her care were $9,500, she would not qualify for Medicaid, even if she had no assets.  Since most people do not have income sufficient to pay the costs of long-term care—which is very expense—very few people would have too much income to qualify for Medicaid.

When a person qualifies for Medicaid and if the person lives in a nursing home, she can only retain $35 of her income.  The remainder of her income is owed to the nursing home.  The payment of the beneficiary’s income to the nursing home simply reduces the amount of money that the Medicaid program will pay to the nursing home.

Typically, once a person qualifies for Medicaid, the Medicaid program will pay the nursing home approximately $6,500 a month.  Let’s assume that Mrs. Smith has $1,535 a month in income from Social Security.  When Mrs. Smith qualifies for Medicaid benefits, she will be entitled to retain $35 a month of her income for her personal needs, such as haircuts and clothing.  The remainder of her income, $1,500, will be owed to the nursing home.  The $1,500 that Mrs. Smith pays to the nursing home will reduce the amount the Medicaid program pays the nursing home from $6,500 to $5,000.

Some elderly individuals who require long-term care are eligible for a program administered by the United States Veterans Administration called Aid and Attendance.  Aid and Attendance will pay a certain amount of cash to an eligible individual in order to defray the cost of her long-term care.  Aid and attendance might pay a beneficiary anywhere from $1,100 to $2,100 per month.

Under the rules governing the Aid and Attendance program, once a beneficiary qualifies for Medicaid benefits and resides in a nursing home, her Aid and Attendance benefit will be reduced to $90 per month.  The question then becomes, does the beneficiary of Aid and Attendance retain the $90 plus the $35 that the Medicaid program allows her to retain or is the $90 payable to the nursing home, along with the Medicaid/Aid and Attendance beneficiary’s other income?

Even if most of your needs are being met by the Medicaid program, $35 per month isn’t much money, so being able to retain another $90 could go a long way.

As many elderly people as there are who receive Medicaid and Aid and Attendance, you would think the answer to this question is well known, but I can assure you that it is not well known, including by those who administer the Medicaid program. The answer is, the Medicaid beneficiary can retain the $35 and the $90.  A federal statute says this is the case. If you are a beneficiary of Aid and Attendance, you should remember this fact, because someday, you might have to fight for your right.

Categories

Recent Posts

Why a Revocable Trust Can Save You Headaches

When people hear the term “trust,” they often think about taxes, wealth, or complicated legal maneuvers. But the most practical reason for creating a revocable living trust is much simpler: avoiding probate in other states. Probate in New Jersey: Quick and Easy Here...

The Hidden Tax Break

When it comes to real estate, most people focus on the obvious—mortgage rates and neighborhood values. But there’s a quieter financial reality lurking in the tax code that can make an enormous difference to families: the step-up in basis. It’s an under-appreciated...

Putting Your House in Trust: A Key Step in Medicaid Planning

When it comes to protecting assets from the high cost of long-term care, few strategies are as powerful—or as misunderstood—as placing your home in trust. In my practice, I work with clients every day who are either actively receiving care in a nursing home or...

Why Every Adult Should Have an Advance Health Care Directive

One of the most essential documents every adult should have—regardless of age or health status—is an advance health care directive, also commonly known as a living will, health care proxy, or health care power of attorney. Despite the slightly different names, these...

Putting Your House in Trust: Planning Ahead for Long-Term Care

When it comes to Medicaid planning, the sooner you start, the better. A large part of my legal practice focuses on helping clients qualify for Medicaid—either immediately when they're facing the high cost of nursing home care or proactively, in case long-term care...

Archives

Additional Articles

The Hidden Tax Break

When it comes to real estate, most people focus on the obvious—mortgage rates and neighborhood values. But there’s a quieter financial reality...

To schedule a consultation with the Law Offices of John W. Callinan, call our office closest to you:
Sea Girt  (732) 974-8898         Middletown  (732) 706-8008