23 MAC Pt. 102, R. 6.5
Marital Relationships – Aged, Blind and Disabled (ABD) Programs
Cite as 23 Miss. Admin. Code Pt. 102, R. 6.5
Marital Relationships – Aged, Blind and Disabled (ABD) Programs
A marital relationship is one in which members of the couple are:
A. Married under state law,
B. Married under common law provided the couple began holding out themselves to the public
as married prior to April 1, 1956,
C. Married for Title II purposes, meaning one member of the couple is entitled to spouse’s
benefits on the record of the other,
D.
Living in the same household in a “holding out” relationship as a married couple.
1. A couple who live in the same household are married for Supplemental Security
Income/Medicaid purposes if they hold themselves out to the community in which they
live as a married couple.
2. It is possible for a couple to live together and not be “holding out” as married, depending
on the economic and social circumstances. The only way to make a determination of
marital status is examine how the couple holds themselves out to the community. If the
couple is determined to be living separately and apart, each is treated as an individual.
However, when evidence does not support that a couple is living separately and apart,
couple rules and deeming applies.
3. When a couple lives together, but denies “holding out,” evidence must be obtained to
make a determination as to the couple’s relationship and living arrangement. Such
evidence may include mortgages; leases; rent receipts; property deeds; bank accounts; tax
returns; credit cards; information from other government programs (Social Security
Administration, public housing, food stamps, etc.); and statements from friends, relatives
and neighbors.