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). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 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. Social Security Administration. (n.d.). Social Security Act §1902(a)(10)(A)(i)(VIII) and §1902(k)(1), (k)(3) — the new adult group and its benchmark-coverage and parent rules (SSA Compilation of the Social Security Laws; this compilation has NOT yet incorporated Pub. L. 119-21, so its subclause (VIII) still ends ‘subject to subsection (k)’ — the amendment is proved by the enrolled law below). ssa.gov. Retrieved Oct 9, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.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. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm
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.
- The MAGI test uses modified adjusted gross income (MAGI). It covers 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. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-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). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 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. Being disabled or over 65 does not by itself take someone out of MAGI for every purpose, either: a person evaluated for a MAGI group, such as a parent or caretaker relative, is measured under MAGI with no asset test.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm
Household size is counted differently too. The MAGI groups generally use the federal income-tax household: the taxpayer and the people they claim as tax dependents, plus a spouse they live with whether or not the couple files jointly. People who don't file taxes, and a few other situations such as a child claimed by a non-custodial parent, are counted under separate non-filer rules. The ABD groups use their own financial methods instead, so 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 Oct 13, 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, and only when testing the highest-standard MAGI group a person could qualify under, not group by group. For a working-age adult whose highest-standard group is the expansion group, that makes the effective ceiling 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. Social Security Administration. (n.d.). Social Security Act §1902(a)(10)(A)(i)(VIII) and §1902(k)(1), (k)(3) — the new adult group and its benchmark-coverage and parent rules (SSA Compilation of the Social Security Laws; this compilation has NOT yet incorporated Pub. L. 119-21, so its subclause (VIII) still ends ‘subject to subsection (k)’ — the amendment is proved by the enrolled law below). ssa.gov. Retrieved Oct 9, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.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, for a structural reason. Parents and caretaker relatives are a federally mandatory group, but unlike children (a 133% FPL floor) and the expansion adult group (138% FPL effective), their mandatory coverage is pegged to the state's old cash-welfare (AFDC) standard rather than to a percentage of the poverty line. Federal rules set the floor at the state's May 1, 1988 AFDC standard, converted to a MAGI equivalent, and cap how far above it a state may go. The state's own published standard, not the 1988 floor, is the number to check, and because it is anchored to a decades-old welfare program rather than to the current poverty guidelines, Delaware's 87% sits 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 Sep 4, 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 grandparent qualifies as a caretaker relative is DMMA's call on the household's facts, so ask. 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. Social Security Administration. (n.d.). Social Security Act §1902(a)(10)(A)(i)(VIII) and §1902(k)(1), (k)(3) — the new adult group and its benchmark-coverage and parent rules (SSA Compilation of the Social Security Laws; this compilation has NOT yet incorporated Pub. L. 119-21, so its subclause (VIII) still ends ‘subject to subsection (k)’ — the amendment is proved by the enrolled law below). ssa.gov. Retrieved Oct 9, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.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. The federal floor is 133% FPL, and a state may set its standard above that floor, up to a federal maximum. 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 — Infants and children under age 19 (Subpart B, Mandatory Coverage), eCFR. ecfr.gov. Retrieved Oct 13, 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, whose effective income ceiling is 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 one-person poverty guideline.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. Social Security Administration. (n.d.). Social Security Act §1902(a)(10)(A)(i)(VIII) and §1902(k)(1), (k)(3) — the new adult group and its benchmark-coverage and parent rules (SSA Compilation of the Social Security Laws; this compilation has NOT yet incorporated Pub. L. 119-21, so its subclause (VIII) still ends ‘subject to subsection (k)’ — the amendment is proved by the enrolled law below). ssa.gov. Retrieved Oct 9, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.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. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-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 unless the person qualifies in another MAGI group, such as parents and caretaker relatives, they are 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 the ABD track carries a resource test of a kind the MAGI groups are barred from applying. The SSI limit on countable resources is $2,000 for an individual.U.S. Social Security Administration. (n.d.). Social Security Act §1902(a)(10)(A)(i)(VIII) and §1902(k)(1), (k)(3) — the new adult group and its benchmark-coverage and parent rules (SSA Compilation of the Social Security Laws; this compilation has NOT yet incorporated Pub. L. 119-21, so its subclause (VIII) still ends ‘subject to subsection (k)’ — the amendment is proved by the enrolled law below). ssa.gov. Retrieved Oct 9, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.htm,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-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. 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. Social Security Administration. (n.d.). Social Security Act §1902(a)(10)(A)(i)(VIII) and §1902(k)(1), (k)(3) — the new adult group and its benchmark-coverage and parent rules (SSA Compilation of the Social Security Laws; this compilation has NOT yet incorporated Pub. L. 119-21, so its subclause (VIII) still ends ‘subject to subsection (k)’ — the amendment is proved by the enrolled law below). ssa.gov. Retrieved Oct 9, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1902.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). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html
Two Delaware specifics take the edge off the cliff. Delaware is a 1634 state, not a 209(b) state, so an SSI award ordinarily brings Medicaid with it, though Delaware itself decides any Medicaid denial.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 Sep 4, 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. They aren't full Medicaid, but they help with Medicare costs at incomes up to 100% FPL (QMB, which covers premiums, deductibles and coinsurance), 120% FPL (SLMB) and 135% FPL (QI-1), the last two paying the Part B premium only. DMMA says assets aren't considered for QMB and lists no asset limit for SLMB or QI-1. Ask DMMA about them before concluding nothing is available.Centers for Medicare & Medicaid Services. (n.d.). Medicare Savings Programs. medicare.gov. Retrieved Oct 15, 2026, from https://www.medicare.gov/basics/costs/help/medicare-savings-programs
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. That is below $2,982 a month (300% of SSI), the federal Medicaid matching-funds limit.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html,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 Sep 4, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
The $2,485 figure is a true cap, not a spend-down threshold. Delaware offers no medically needy spend-down 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). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(d)(4)(B) — qualified income trust, all three conditions (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 15, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
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.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
How it works in practice:
- You open an irrevocable trust that holds only your income, never savings or other resources, with the State of Delaware set to receive what remains at your death.Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(d)(4)(B) — qualified income trust, all three conditions (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 15, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
- Each month, you deposit income into the trust. A trust built to Delaware's specification is what lets an applicant over the $2,485 cap qualify.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256
- You still pay toward your care: your income goes to the facility, minus the $75 Personal Needs Allowance and the other protected amounts explained below.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 Sep 4, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020
- Whatever remains in the trust when you die goes to the state, up to the amount Medicaid paid on your behalf.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396p(d)(4)(B) — qualified income trust, all three conditions (govinfo, U.S. Code 2024 edition). govinfo.gov. Retrieved Oct 15, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm
A QIT solves an income problem, not an asset problem, and it routes income rather than sheltering it: the money still goes toward your care. Because it must be drafted correctly and funded every month, set it up with an elder-law attorney before applying.
If your income varies month to month, remember Delaware tests gross monthly income against the cap, so some months can land over $2,485 and others not. The conservative approach is to fund the QIT every month the income could exceed the cap.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 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. For a couple, the SSI resource limit is $3,000.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (2026). SSI Federal Payment Amounts for 2026. ssa.gov. Retrieved Aug 8, 2026, from https://www.ssa.gov/oact/cola/SSI.html
"Countable" is the word that carries the rule. Delaware excludes these from the count:Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
- The primary home, if you intend to return to it or a spouse or dependent relative lives there (a separate equity cap limits long-term-care payment; more below)
- One automobile per household
- Designated burial funds of $1,500, and a prepaid burial contract that cannot be revokedCenters for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
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.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 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). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.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 exceptions (transfers between spouses or to a disabled child, certain caregiver-child home transfers) and legitimate planning approaches, but have an elder-law attorney review anything inside the five-year window first. The look-back applies to every long-term-care applicant, not only nursing-home applicants.U.S. Social Security Administration. (n.d.). Social Security Act sec. 1917(c) [42 U.S.C. 1396p(c)] - Taking into account certain transfers of assets: look-back date, penalty period, start date, divisor, and the (c)(2) exceptions (SSA Compilation of the Social Security Laws). ssa.gov. Retrieved Oct 8, 2026, from https://www.ssa.gov/OP_Home/ssact/title19/1917.htm 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 pays their monthly income toward the cost of care, minus a short list of protected amounts. The first 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 married couple), 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). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(q) — Minimum monthly personal needs allowance deduction (govinfo.gov, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm A married resident who receives SSI may be allowed $30 instead, so confirm with DMMA.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
The PNA is not the only income protected. Delaware also sets aside any amount allowed for a spouse at home, the cost of medically necessary equipment and services Medicaid does not cover, such as eyeglasses, dentures and hearing aids, and private health-insurance premiums.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 Sep 4, 2026, from https://secure.ssa.gov/poms.nsf/lnx/0501715020 Federal rules add an allowance for other family at home. Only what is left after those deductions is the monthly patient-pay owed to the facility.U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(q) — Minimum monthly personal needs allowance deduction (govinfo.gov, United States Code, 2024 Edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm 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 standards for 2026:U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
| Protection | 2026 Amount | What it does |
|---|---|---|
| Community Spouse Resource Allowance (CSRA) | The greater of half the couple's countable assets or the $32,532 state minimum, up to $162,660; more only by court order or fair hearing | What the at-home spouse may generally keep in countable assets, on top of the applicant's own $2,000. |
| Monthly Maintenance Needs Allowance | $2,705.00 minimum (adjusted each July); $4,066.50 maximum (adjusted each January); a duress fair hearing can exceed it | A floor the at-home spouse's income is raised to, not a cap on it; the applicant contributes the difference. |
| Home-equity limit | $752,000, the federal minimum, which Delaware has elected to use | Above the cap, Medicaid won't pay for long-term care unless a spouse or qualifying child lives in the home. |
The at-home spouse can keep the greater of half the couple's countable assets or $32,532, generally up to $162,660, and keeps all their own income, which the allowance raises to at least $2,705 a month, up to $4,066.50 (more only after a fair hearing on financial duress).U.S. Government Publishing Office. (2024). 42 U.S.C. 1396r-5 (Social Security Act sec. 1924, spousal impoverishment), United States Code, 2024 Edition, U.S. Government Publishing Office (govinfo) — the CSRA is the GREATEST of four alternatives; the dollar cap binds only clauses (i) and (ii)(II); (e)(2) fair-hearing and (f)(3) court-order routes carry no dollar amount. govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396r-5.htm,Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf Two routes can raise the resource allowance above $162,660: a court order for the at-home spouse's support that requires a larger allowance, or a fair hearing showing the allowance is too small to bring the at-home spouse's income up to the minimum level, after the applicant's own income has first been allocated to that spouse.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf The income cap and QIT requirement still apply to the applicant spouse.
Home equity is its own gate. If your home equity is above the cap, Delaware won't pay for long-term-care services unless a spouse, a child under 21, or a blind or disabled child lives in the home. It does not end Medicaid itself: the home is still excluded for general eligibility, and you may still get Medicaid payment for other covered services. A DMMA notice sets the 2026 cap at $752,000, the federal minimum; the manual's printed figure is out of date.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
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. Recovery waits while there is a surviving spouse, and federal law bars it while there is a surviving child who is under 21 or blind or permanently and totally disabled.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2024). 42 U.S.C. §1396p(b)(1) chapeau — the prohibition on recovery of correctly paid medical assistance and the three mandatory exceptions (United States Code, 2024 Edition on govinfo.gov, GPO). govinfo.gov. Retrieved Oct 15, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396p.htm Delaware also bars recovery on a lien against the home while a son or daughter who lived there for at least two years before the recipient's admission and provided the care that kept the recipient at home, or a sibling who lived there for the year before the admission, still lives there, though the state can still recover from other assets in the estate, and it can waive recovery for undue hardship to certain relatives who lived in the home for at least two years before the admission.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf 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. On the MAGI side, skip the Qualified Income Trust, the level-of-care screening, and asset verification, since the MAGI groups have no asset test. Delaware ASSIST is the combined portal for both tracks.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf,U.S. Government Publishing Office. (2024). 42 U.S.C. 1396a(e)(14)(B)-(D), (I)-(J) — MAGI: no income or expense disregards, no assets test, the excepted populations, and the two disregards the statute does allow (govinfo.gov, U.S. Code 2024 main edition). govinfo.gov. Retrieved Oct 13, 2026, from https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap7-subchapXIX-sec1396a.htm
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
Without one, an over-income applicant can't qualify.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 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 call the DMMA Medicaid Central Intake Unit at 1-866-940-8963.Centers for Medicare & Medicaid Services. (2026). CMS CMCS Informational Bulletin — Updated 2026 SSI and Spousal Impoverishment Standards (April 27, 2026). The PDF's two-column standards chart extracts as a label table followed by a value table in the same document order; the labels are quoted alongside their values below.. medicaid.gov. Retrieved Oct 13, 2026, from https://www.medicaid.gov/federal-policy-guidance/downloads/cib04272026.pdf
Complete the level-of-care screening
DMMA must confirm you need nursing-facility-level care (for home-based services, through its Pre-Admission Screening Unit).Centers for Medicare & Medicaid Services. (n.d.). Delaware Diamond State Health Plan - Section 1115 Demonstration (Medicaid.gov demonstration and waiver list). medicaid.gov. Retrieved Sep 4, 2026, from https://www.medicaid.gov/medicaid/section-1115-demo/demonstration-and-waiver-list/81256
Apply even if you look over a limit: exclusions and the QIT route can change the answer.
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; 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, from 87% FPL for parents and caretaker relatives to 138% FPL effective (roughly $1,835/month for one person) for the expansion adult group and up to 212% FPL for pregnant women and children.
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 entitled to or enrolled in Medicare is measured against 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; the SSI resource limit for a couple is $3,000. The home (if you intend to return to it or a spouse or dependent relative lives there), one automobile, $1,500 in designated burial funds, and an irrevocable prepaid burial contract are excluded, though home equity above Delaware's $752,000 cap blocks Medicaid payment for long-term care unless a spouse or qualifying child lives there. 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 set up and fund a Qualified Income Trust. Delaware requires the trust to be irrevocable and to hold only income, never savings.
How much can a spouse keep when the other goes into a nursing home?
For 2026, the at-home (community) spouse can generally keep up to $162,660 in countable assets (the Community Spouse Resource Allowance: the greater of half the couple's countable assets or $32,532; more only by court order or fair hearing) and keeps all their own income, raised to at least $2,705.00/month, up to $4,066.50 (more only after a duress fair hearing). 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); a married resident who receives SSI may be allowed $30 instead. The rest goes to the facility, minus protected amounts such as an allowance for a spouse or family at home, uncovered medical needs like eyeglasses or dentures, and private health-insurance premiums.
How do I apply for Delaware Medicaid?
Apply online through Delaware ASSIST at assist.dhss.delaware.gov, or call the DMMA Medicaid Central Intake Unit at 1-866-940-8963.
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.
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