Obsolete 0816 - 383 Acquired Brain Injury Waiver

Policy Effective May 1, 2006 - July 31, 2016

This waiver is for people who are 18 years or older and have brain damage resulting in many problems with their ability to provide self-care and engage in regular activities of daily living. People on this waiver must be aged, blind or disabled.

DSPD determines the need for the level of care for this waiver.

Income Requirement

1. Use only the client’s total income. Only the following types of income are not considered:

   1. Austrian Reparation Payments

   2. German Reparations Payments made by the Federal Republic of Germany.

   3. Japanese and Aleutian Restitution Payments.

   4. Netherlands Reparation Payments based on Nazi, but not Japanese, persecution during World War II.

   5. Payments from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in regard to Agent Orange product liability litigation.

   6. Radiation Exposure Compensation.

   7. VA pensions limited to $90 per month under 38 U.S.C. 5503.

2. From total income subtract:

   1. 100% FPL for the person’s needs.

   2. Earned income deduction up to $125 (Table II and 405-4 Making Work Pay).

   3. Deduction for shelter cost (409-13).

   4. Deduction for a spouse (409-11).

   5. Deduction for a dependent family member (409-12).

   6. Deduction for health insurance and medical expenses (409-1, 409-14, 415-5).

3. Any amount left is the amount of contribution to the cost of care.