ARSD 67:46:07:12. Computation of community spouse's maintenance allowance and excess shelter allowance

The community spouse's monthly minimum maintenance allowance is one hundred fifty percent of the federal poverty income level, established in accordance with § 67:11:01:03, for two persons, divided by twelve. The excess shelter allowance is determined by subtracting thirty percent of the minimum maintenance allowance from the community spouse's shelter costs. Shelter costs include rent or mortgage costs, trailer parking space fees, taxes and insurance on the premises, and condominium or cooperative maintenance charges for the couple's principal residence. Shelter costs also include the applicable supplemental nutrition assistance program utility allowance pursuant to § 67:13:01:02, 67:13:01:05, or 67:13:01:06. Rent, mortgage, taxes, insurance, and condominium and cooperative maintenance charges paid less frequently than monthly are prorated. The combined spousal allowances may not exceed four thousand sixty-six dollars and fifty cents, unless a greater allowance is provided for under a court order of support, or if, through the fair hearing process, it is determined that a greater need exists because of circumstances resulting in financial duress. These allowances are not permissible if the institutionalized spouse does not make the income available to the community spouse.