256B.36 SPECIAL PERSONAL ALLOWANCE FOR CERTAIN INDIVIDUALS.
In addition to the personal allowance established in section
256B.35, any disabled recipient
of medical assistance who is a resident of a nursing facility or intermediate care facility for the
developmentally disabled, shall also be permitted a special personal allowance drawn solely
from earnings from any employment under an individual plan of rehabilitation. This special
personal allowance shall consist of the sum of the following amounts, deducted from earnings in
the following order:
(1) $80 for the costs of meals and miscellaneous work expenses;
(2) Federal Insurance Contributions Act payments withheld from the person's earned income;
(3) actual employment related transportation expenses;
(4) other actual employment related expenses; and
(5) state and federal income taxes withheld from the person's earned income, if the person
cannot be claimed as exempt from federal income tax withholding.
The maximum special personal allowance from earnings is the sum of items (1) to (5).
History: 1974 c 575 s 16; 1985 c 21 s 56; 1986 c 444; 1992 c 513 art 7 s 83; 2005 c 56 s 1