Updated August 27, 2026. Quick answer: The District writes the split into the rule. For people not receiving long-term care, “the Department shall use a one (1) month period to budget the individual’s spend down obligation”. For long-term care, “For the eligibility groups described in Subsection 9515.4 who are applying for or receiving long term care services and supports, the Department shall use a six (6) month period to budget the individual’s spend down obligation.” And the MNIL itself is defined by formula, not by a published table.
What the District of Columbia requires
| What the state sets out | What it says |
|---|---|
| The District’s name for it | spend down (29 DCMR § 9516) |
| What the section does | This section establishes the calculation of spend down and eligibility determination process for medically needy individuals who have income above the income limit for their respective eligibility coverage group |
| Community budget period | “the Department shall use a one (1) month period to budget the individual’s spend down obligation” |
| Long-term care budget period | “For the eligibility groups described in Subsection 9515.4 who are applying for or receiving long term care services and supports, the Department shall use a six (6) month period to budget the individual’s spend down obligation.” |
| MNIL, household of two or more | “The MNIL for a household of two (2) or more individuals shall be fifty percent (50%) of the annual Federal Poverty Level (FPL)” |
| MNIL, household of one | “The MNIL for a household of one (1) shall be ninety five percent (95%) of the MNIL for a household of two (2)” |
| Resources | “The spend down process shall not apply to individuals that have resources above the resource limit for their respective eligibility coverage group.” |
How it works in practice
- The household-of-one formula is the unusual one. Most states publish two separate figures; the District derives the single-person MNIL from the two-person MNIL — ninety five percent of it — so the one-person limit is higher relative to household size than a simple per-head split would give.
- A one-month period and a six-month period are very different obligations from the same monthly excess. Six months of excess income has to be met before long-term care coverage opens, where a community applicant restarts every month.
- Spend down does not fix a resource problem. The rule says so directly: “The spend down process shall not apply to individuals that have resources above the resource limit for their respective eligibility coverage group.”
The mechanism itself — why an income cap exists and what the trust must contain — is explained on the income-cap and Miller trust page. This page is the record for the District of Columbia.
What this page does not settle
- Unused expenses are not always lost. The rule allows a submitted amount to be “To be carried forward to fulfill a spend down obligation in a future budget period if any unpaid amount submitted for a previous budget period was unused” — worth knowing before discarding paperwork from a period that did not qualify.
- This page reads one source: 29 DCMR § 9516, Spend Down for Medically Needy Coverage (effective October 7, 2022). It is the state’s own publication on this rule, but no state puts its whole treatment of excess income in a single document, and a detail that decides your case may sit in one this page did not read.
- A spend-down fixes an income problem and nothing else. The resource test, the level-of-care test and the transfer-of-assets look-back are separate hurdles, each decided on your own file, and meeting this rule does not clear any of them.
- Every quotation here was read against the source on August 27, 2026. States revise these rules, and a figure or a section number can move without the page around it changing. Open the source before you rely on a detail.
Eligibility is decided by the state agency on the whole file, not by one rule on one page. Nothing here is legal advice, and no one should move, retitle or assign income on the strength of a web page.
Sources
The source above was retrieved and read against the state text on August 27, 2026. Every quotation on this page was checked against those bytes.
Related: District of Columbia’s Medicaid Personal Needs Allowance; the amount a nursing-facility resident keeps from their own income each month.