Section 813. Attribution of resources at the time of initial eligibility determination

Latest version.

In determining the countable resources of an institutionalized spouse at the time of application, regardless of any state laws relating to community property or division of marital property, all resources held by either the institutionalized spouse, community spouse, or both, shall be considered available to the institutionalized spouse but only to the extent that the amount of such resources exceeds the spousal protected resource amount calculated in accordance with § 1924(f)(2)(A) of the Act.

Historical Notes

Derived from Volume 17, Issue 13, eff. April 11, 2001.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

                    
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