Delaware Medicaid income limits come in two versions, and which one applies depends on your age and disability status, not your income. For long-term care, the 2026 cap is $2,485 a month against a $2,000 asset limit, and Delaware does not let you spend down past it. For everyone else, under 65 and not disabled, the test is modified adjusted gross income (MAGI), where the ceiling for adults is 138% of the federal poverty level, roughly $1,835 a month, with no asset test at all.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
This guide covers both. It opens with which test measures you, Delaware's MAGI standards group by group, the 87% limit for parents and caretaker relatives, and what changes on the 65th birthday. It then works through the long-term-care rules: the income cap and the Qualified Income Trust that works around it, the $2,000 asset limit, the five-year look-back, what a nursing-home resident keeps, what an at-home spouse is protected from, and how to apply through Delaware ASSIST.
In This Guide
- Delaware Medicaid in 2026: the numbers that matter
- Which Delaware Medicaid income limits apply to you?
- Turning 65 can end Medicaid coverage when nothing else changed
- How the Delaware Medicaid income limits work for long-term care
- The Miller Trust: the only route past the Delaware Medicaid income limits
- The asset limit
- The five-year look-back
- What does a nursing-home resident keep each month?
- Protecting the spouse who stays home
- After death: estate recovery
- How to apply in Delaware
- Frequently Asked Questions
- Learn More
Which Delaware Medicaid income limits apply to you?
Delaware runs two different income tests. Which one measures you depends on who you are, not on how much you earn.
- The MAGI test covers people under 65 who are not disabled and not pregnant, using modified adjusted gross income (MAGI). It is the test behind most Medicaid income-limit questions: children, pregnant women, parents and caretaker relatives, and the ACA expansion adult group. It applies no asset test at all.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
- The SSI-related ABD test covers aged, blind, and disabled applicants, and it is the track long-term-care coverage runs on. The $2,485/month cap and the $2,000 asset limit that the rest of this guide explains belong to this test.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Federal law bars the MAGI groups from any asset or resource test, and that is the central split between the two tracks. A working-age Delaware adult worried about "the $2,000 Medicaid asset limit" is worried about a test that does not apply to them.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
Household size is counted differently too. The MAGI groups use the federal income-tax household, generally the taxpayer plus their spouse and tax dependents, while the ABD groups use their own household rules. The same family can be counted differently depending on which pathway applies.U.S. Government Publishing Office. (n.d.). 42 CFR 435.603(f) — Household (Application of modified adjusted gross income), eCFR. ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-I/subject-group-ECFRea9a5b3f889febd/section-435.603
Delaware's MAGI income limits by group
Delaware states each MAGI group's income standard as a percentage of the federal poverty level (FPL). For 2026 the FPL is $15,960/year for one person and $21,640 for two, in the 48 contiguous states and DC.Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines
| Group | Delaware income standard |
|---|---|
| Adults 19-64 (ACA expansion group) | 133% FPL stated; 138% FPL effective |
| Parents and caretaker relatives | 87% FPL |
| Pregnant women | 212% FPL |
| Children under age 1 | 212% FPL |
| Children age 1 through 5 | 142% FPL |
| Children age 6 through 18 | 133% FPL |
| Delaware Healthy Children Program (separate CHIP) | 212% FPL, to age 19 |
Two numbers appear for the expansion adult group because two things are being described. Delaware's regulation states the standard as 133% FPL. The mandatory 5-percentage-point-of-FPL income disregard is applied inside the MAGI methodology rather than baked into that published standard, so the group's effective ceiling is the commonly cited 138% FPL. Both describe the same rule; 138% is the one to measure your income against.Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm
Delaware operates no Basic Health Program, so there is no additional coverage tier between these standards and the Marketplace.Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
Parents and caretaker relatives, and why 87% is so low
87% of the poverty line is the lowest standard on Delaware's grid, and the reason is structural rather than budgetary. Parents and caretaker relatives are a federally mandatory group, but unlike children (mandatory to 133% FPL) and the expansion adult group (138% FPL effective), they are covered only at the state's old cash-welfare standard. The regulation sets the minimum at the state's AFDC income standard in effect on May 1, 1988, converted to a MAGI equivalent, and the statute ties the group to the state's AFDC eligibility criteria as they stood on July 16, 1996, before welfare reform. Because the standard is anchored to a decades-old welfare program rather than to the current poverty guidelines, it sits well below the poverty line.U.S. Government Publishing Office. (n.d.). 42 CFR 435.110 — Parents and other caretaker relatives (Mandatory Coverage), eCFR. ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/subject-group-ECFR5862e2658e2b5d6/section-435.110,Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
This is the group an older Delawarean raising a grandchild would look to, because the expansion adult group is written for people under 65 and closes on the 65th birthday. Whether a particular grandparent meets the definition of a caretaker relative is a determination DMMA makes on the household's facts, so ask DMMA or the Delaware ADRC rather than assuming either way. The children are assessed separately at far higher standards, so a grandchild may qualify at 133% to 212% FPL where the grandparent does not.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
Children and CHIP, briefly
Children under 19 are a federally mandatory Medicaid group, and the floor a state must use is the higher of 133% FPL or its own grandfathered level. Delaware meets or exceeds that floor in every age band, and runs a separate CHIP program, the Delaware Healthy Children Program, covering children to age 19 at 212% FPL. A household that is over the limit for the adults can still have covered children.U.S. Government Publishing Office. (n.d.). 42 CFR 435.118 — Coverage of children under age 19 (Mandatory Coverage), eCFR. ecfr.gov. Retrieved Jul 15, 2026, from https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-C/part-435/subpart-B/subject-group-ECFR5862e2658e2b5d6/section-435.118,Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels
Turning 65 can end Medicaid coverage when nothing else changed
Delaware runs the ACA expansion adult group, so an adult under 65 qualifies on income alone, at an effective ceiling of 138% FPL, with no asset test. For one person in 2026 that ceiling works out to roughly $1,835/month, which is 138% of the $15,960/year poverty guideline for one person in the 48 contiguous states and DC. Alaska and Hawaii run on separate, higher guidelines.Centers for Medicare & Medicaid Services. (n.d.). Medicaid.gov — Medicaid, Children's Health Insurance Program, & Basic Health Program Eligibility Levels (national table; Delaware row). medicaid.gov. Retrieved Jul 14, 2026, from https://www.medicaid.gov/medicaid/national-medicaid-chip-program-information/medicaid-childrens-health-insurance-program-basic-health-program-eligibility-levels,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,Office of the Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services. (n.d.). Poverty Guidelines. aspe.hhs.gov. Retrieved Jun 22, 2026, from https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
That group is written for individuals under 65 who are not pregnant and not entitled to or enrolled in Medicare. On the 65th birthday the pathway closes, and the same person is assessed on the SSI-related ABD track instead. Two things change at once. The income yardstick becomes the SSI Federal Benefit Rate of $994/month for an individual rather than 138% FPL, and a resource test appears where the MAGI groups were barred from applying one. That resource test defaults to the SSI standard of $2,000 for an individual.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
So a 64-year-old covered at $1,600 a month with a few thousand dollars in savings can be over both tests at 65 without a dollar of income changing. The standard drops, and an asset test that never applied to them appears. Reaching Medicare before 65 through disability closes the same door, because the group excludes anyone entitled to or enrolled in Medicare regardless of age.U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) and (e)(14) — State plans for medical assistance (Social Security Act §1902), govinfo USCODE Title 42. govinfo.gov. Retrieved Jun 26, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap7-subchapXIX-sec1396a.htm
The ABD track is not a single number, though. Delaware applies a separate, higher standard to long-term-care coverage specifically, the $2,485/month cap the rest of this guide explains, which is 250% of that same $994 benefit rate. Someone who turns 65 and does not need long-term care is measured against the SSI-related standards instead, so ask DMMA which ABD category applies before concluding you are over.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html
Two Delaware specifics take the edge off the cliff. Delaware is an SSI-criteria (1634) state rather than a 209(b) state, so anyone approved for SSI is automatically eligible for Medicaid without a separate Medicaid determination.U.S. Social Security Administration. (2016). SSA - POMS: SI 01715.020 - List of State Medicaid Programs for the Aged, Blind and Disabled - 08/02/2016. secure.ssa.gov. Retrieved Jun 25, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020 And being over the Medicaid limit is not the same as being over every limit. DMMA also runs the Medicare Savings Programs for people entitled to Medicare Part A, which pay Medicare premiums and cost-sharing on income alone: 100% FPL for QMB, 120% FPL for SLMB, and 135% FPL for QI-1, with no asset test in Delaware. A 65-year-old over the ABD standards should ask DMMA about those before concluding there is nothing available.Delaware Department of Health and Social Services. (n.d.). Qualified Medicare Beneficiary Programs – DHSS. dhss.delaware.gov. Retrieved Jul 13, 2026, from https://dhss.delaware.gov/dmma/qmb/
How the Delaware Medicaid income limits work for long-term care
For nursing-facility care and for the Diamond State Health Plan-Plus (DSHP Plus) home-and-community-based services (HCBS) program, Delaware sets the 2026 income limit at $2,485/month for a single applicant. That figure is 250% of the 2026 Supplemental Security Income (SSI) Federal Benefit Rate of $994, the standard the Delaware Division of Medicaid and Medical Assistance (DMMA) uses for long-term-care financial eligibility. Note that Delaware's 250% standard is lower than the 300%-of-SSI cap most income-cap states use, so a figure that qualifies in another state may not in Delaware.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (2026). Social Security Announces 2.8 Percent Benefit Increase for 2026. ssa.gov. Retrieved Jun 24, 2026, from https://www.ssa.gov/news/en/press/releases/2025-10-24.html
Here is what makes Delaware different from a spend-down state. The $2,485 figure is a true cap. In a medically needy state like Illinois or New York, being over the income standard doesn't disqualify you, you simply spend the excess on medical bills and qualify for the rest of the month. Delaware offers no such path for long-term care. If your gross monthly income is even a dollar over the $2,485 cap, you are over the line, and there is no amount of medical spending that fixes it.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
What fixes it is a trust.
The Miller Trust: the only route past the Delaware Medicaid income limits
If your income exceeds the Delaware Medicaid income limits, DMMA requires you to establish a Qualified Income Trust (QIT), the same instrument widely known as a Miller Trust. The trust is what makes income-cap Medicaid workable for people who would otherwise be shut out.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
How it works in practice:
- You open an irrevocable trust account and name the State of Delaware as the remainder beneficiary.
- Each month, you deposit the income that exceeds the cap into the trust. Income parked in a properly drafted QIT doesn't count toward the $2,485 limit.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The trustee pays out the trust money under strict rules, toward your Personal Needs Allowance, a spousal allowance if there's a community spouse, and your share of the nursing-home cost.
- Whatever remains in the trust when you die goes to the state, up to the amount Medicaid paid on your behalf.
A QIT only solves an income problem. It does nothing for an asset problem, and it doesn't shelter the income, it routes it. The money still ultimately goes toward your care. The trust is a legal channel that lets an over-income applicant satisfy the cap, not a way to keep more money. Because the trust must be drafted correctly to count, and because the deposits have to happen every single month without fail, this is a step to set up with an elder-law attorney before applying, not after.
One practical note for applicants whose income changes month to month. Delaware tests gross monthly income against the cap, so a pension plus seasonal earnings or a variable annuity can push you over the $2,485 limit in some months and not others. The conservative approach is to fund the QIT every month the income could exceed the cap, since a single over-cap month without a funded trust can interrupt coverage. An elder-law attorney can structure the deposits to match irregular income.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The $2,000 asset limit
Separate from income, a single Delaware long-term-care applicant may hold no more than $2,000 in countable assets. A married couple with both spouses applying is limited to $3,000.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
"Countable" is the word that carries the rule. Delaware, like every state, exempts a long list of resources from the count:Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The primary home, subject to an equity cap (more below)
- One vehicle
- Household goods and personal effects
- Prepaid, irrevocable burial arrangements
So the $2,000 limit applies to things like bank accounts, a second car, stocks, and cash value in some life insurance, not the roof over your head or your car. Many applicants who look over the limit on paper are actually closer once exempt assets are set aside, though the gap between countable assets and $2,000 still has to be closed legitimately before approval.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The five-year look-back
Delaware reviews asset transfers made in the 60 months before a long-term-care application.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2023). 42 USC 1396p - Liens, adjustments and recoveries, and transfers of assets (govinfo, U.S. Code). govinfo.gov. Retrieved Jun 23, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396p.htm Giving away money or property for less than fair market value inside that window, signing a house over to a child for a dollar, gifting a grandchild a down payment, can trigger a penalty period during which Medicaid won't pay for long-term-care services, even though you otherwise qualify.
There are legitimate exceptions (transfers between spouses, transfers to a disabled child, certain caregiver-child home transfers) and legitimate planning approaches, but anything done inside the five-year window deserves an elder-law attorney's review first. The look-back is a transfer-of-assets rule that applies to every long-term-care applicant, not only those entering a nursing facility. For the broader toolkit, see our guide to Medicaid planning strategies.
What does a nursing-home resident keep each month?
When Delaware Medicaid pays for nursing-facility care, the resident contributes nearly all of their monthly income toward the cost of care. What they keep is the Personal Needs Allowance (PNA), money reserved for small personal expenses like clothing, a haircut, or a phone. Delaware sets its PNA at $75/month for an individual ($150/month for a couple both in long-term care), raised from $50 effective January 1, 2025, and well above the long-standing federal floor of $30.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(q)(2) — Minimum monthly personal needs allowance deduction (govinfo.gov USCODE). govinfo.gov. Retrieved Jun 24, 2026, from https://www.govinfo.gov/link/uscode/42/1396a
After the PNA and any spousal or dependent allowance and health-insurance premiums are deducted, the remainder of the resident's income is the patient-pay amount that goes to the facility each month. For the national picture on how the PNA is set and calculated, see our explainer on the Medicaid personal needs allowance.
Protecting the spouse who stays home
When one spouse needs long-term care and the other stays in the community, federal spousal-impoverishment rules keep the at-home spouse from being left destitute. Delaware applies the federal maximums for 2026:Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
| Protection | 2026 Amount | What it does |
|---|---|---|
| Community Spouse Resource Allowance (CSRA) | Half the couple's countable assets, up to $162,660; minimum $32,532 | The most in countable assets the at-home spouse may keep, on top of the applicant's own $2,000. |
| Minimum Monthly Maintenance Needs Allowance (MMMNA) | Up to $4,066.50/month | The most monthly income the at-home spouse may keep; income can be shifted from the applicant to reach it. |
| Home-equity limit | $752,000 | Equity in the primary residence above this amount is countable for long-term-care eligibility. |
So a married couple is in a very different position from a single applicant. The community spouse can hold up to $162,660 in assets and keep up to $4,066.50 a month in income while the other spouse receives Medicaid-funded care.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Note that the income cap and the QIT requirement still apply to the applicant spouse, the spousal allowances govern how much of the couple's resources and income the at-home spouse may retain, not whether the applicant clears the cap.
The $752,000 home-equity limit is its own gate. Delaware counts home equity above that threshold as a countable asset for long-term-care eligibility, even though the home is otherwise exempt.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Most Delaware homeowners are well under the cap and never reach it, but an applicant with a high-value coastal home near or above $752,000 in equity may need to plan around it before applying.
After death: estate recovery
Like every state, Delaware runs a Medicaid estate-recovery program. After a recipient who was 55 or older and received long-term-care services dies, the state may seek repayment from the estate, unless the recipient is survived by a spouse or a minor, blind, or disabled child. Federal exceptions and an undue-hardship waiver apply.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,Legal Information Institute, Cornell Law School. (n.d.). 42 U.S. Code 1396p(b)(1)(B) - Liens, adjustments and recoveries (Legal Information Institute / Cornell). law.cornell.edu. Retrieved Jun 23, 2026, from https://www.law.cornell.edu/uscode/text/42/1396p The remainder in a Qualified Income Trust also passes to the state at death, up to what Medicaid paid. For how estate recovery works and where families have room to plan, see our Medicaid estate recovery explainer.
How to apply in Delaware
Delaware Medicaid is administered by DMMA, within the Department of Health and Social Services (DHSS). The steps below are the long-term-care path. If you qualify on the MAGI side instead, two of them do not apply to you: the Qualified Income Trust exists only to solve the long-term-care income cap, and the level-of-care screening exists only to confirm nursing-facility need. There is also no asset verification to gather, because the MAGI groups have no asset test. Delaware ASSIST is the combined benefits portal for both tracks, so start there either way and ask DMMA which application fits your situation.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (n.d.). 42 U.S.C. 1396a(e)(14)(B)-(D) - No income or expense disregards and no assets test for MAGI-based eligibility, with exceptions for the aged/ABD/medically needy. govinfo.gov. Retrieved Jul 16, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2023-title42/html/USCODE-2023-title42-chap7-subchapXIX-sec1396a.htm
A long-term-care application moves through a few concrete steps:
Gather income and asset verification
Pull together retirement and pension statements, bank statements, the deed, your vehicle title, and any life-insurance policies before you start.
Set up a Qualified Income Trust if you are over the $2,485 income cap
Fund it before or alongside the application, because Delaware can't approve income-cap Medicaid until the trust is in place and funded.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). medicaid.gov. Retrieved Jul 10, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Apply through Delaware ASSIST
File online at assist.dhss.delaware.gov, the state's combined benefits portal, or apply through DMMA directly.
Complete the level-of-care screening
This confirms you need nursing-facility-level services.
If you are pursuing home-based care through DSHP Plus rather than a nursing facility, ask about waitlist status, since HCBS waiver slots can be capped while the nursing-facility track processes without a slot limit. Apply even if you think you're over a limit, because between the asset exemptions and the QIT route, many people who assume they're disqualified are not.
Where to get help
Frequently Asked Questions
What are the Delaware Medicaid income limits for 2026?
There are two, and which applies depends on who you are. For aged, blind, or disabled applicants seeking long-term care, the 2026 limit is $2,485/month for a single applicant, set at 250% of the SSI Federal Benefit Rate of $994; Delaware is an income-cap state, so an over-income applicant must use a Qualified Income Trust rather than a spend-down. For everyone else, under 65 and not disabled, the MAGI standards apply: 138% FPL effective (roughly $1,835/month for one person) for the ACA expansion adult group, 87% FPL for parents and caretaker relatives, 212% FPL for pregnant women, and 133% to 212% FPL for children by age.
What is the Delaware Medicaid income limit if I am under 65?
Delaware has adopted the ACA Medicaid expansion, so an adult aged 19 to 64 who is not pregnant and not enrolled in Medicare qualifies at an effective ceiling of 138% of the federal poverty level, roughly $1,835/month for one person in 2026. The MAGI groups apply no asset test, so savings do not count against you. That pathway closes on your 65th birthday, after which you are assessed on the SSI-related aged, blind, and disabled rules instead, which do apply a resource test.
What is the Delaware Medicaid asset limit?
$2,000 in countable assets for a single long-term-care applicant, or $3,000 if both spouses are applying. The home (up to a $752,000 equity cap), one vehicle, household goods, and prepaid burial arrangements are exempt from the count. This limit belongs to the aged, blind, and disabled track only. The MAGI groups, including the expansion adult group, have no asset test at all.
Does Delaware require a Miller Trust (Qualified Income Trust)?
Yes, if your gross monthly income exceeds the $2,485 income cap. Because Delaware is an income-cap state with no medically needy spend-down for long-term care, the only way an over-income applicant qualifies is to deposit the excess income into a Qualified Income Trust each month. The trust must name the state as remainder beneficiary.
How much can a spouse keep when the other goes into a nursing home?
For 2026, the at-home (community) spouse can keep up to $162,660 in countable assets (the Community Spouse Resource Allowance, minimum $32,532) and monthly income up to $4,066.50 (the Minimum Monthly Maintenance Needs Allowance). These protections are separate from the applicant's own $2,000 limit and income cap.
What does a nursing-home resident on Delaware Medicaid get to keep?
A Personal Needs Allowance of $75/month for an individual ($150/month for a couple). The rest of the resident's monthly income goes toward the cost of care, after deductions for a community spouse, dependents, and certain health-insurance premiums.
How do I apply for Delaware Medicaid?
Apply online through Delaware ASSIST at assist.dhss.delaware.gov, or through DMMA and the Delaware Aging and Disability Resource Center for long-term-care help. If you're over the income cap, set up the Qualified Income Trust first, since the state can't approve income-cap Medicaid until the trust is funded.
Learn More
Find personalized help working through Delaware Medicaid eligibility and the Miller Trust process for your family at brevy.com.
The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.