Mississippi Administrative Code

A. Only basic VA benefits (as verified by VA) are counted as an Income Trust client's total income available to fund the Income Trust. 1. Any UME (or A&A), which is not counted as income, can be retained by the client and/or spouse, as discussed in the above rule. Notes 23 Miss. …

A. Certain veterans qualify for VA contract payments which cover nursing home care for one to six months; however, veterans with a service-connected disability may not be subject to the six-month limit. B. Treatment of these individuals is as follows:1. Eligibility for Medicaid b…

A. Federal law limits the maximum pension that can be paid to or for veterans, who have neither a spouse nor a child, or surviving spouses (widows or widowers) without children who are covered by Medicaid for services furnished by a nursing facility to a maximum of $90. 1. The re…

A. When the spouse of an applicant or recipient receives Income Based on Need (IBON), the source of the IBON may count a portion of the VA benefit as income to the spouse receiving the IBON. This amount counted by the IBON source will be deducted from the countable VA benefit ver…

A. The following must be considered in determining the amount of VA payments: 1. The type of VA payment being made and the policy in effect in the month of payment. 2. Overpayments recovered from VA benefits are included as income in determining eligibility and Medicaid Income. 3…

A. This type of income is defined as follows:1. Unemployment insurance benefits, also known as unemployment compensation, means payments received under a state or federal unemployment law and additional amounts paid by unions or employers as unemployment benefits. B. This type of…

A. This type of income is defined as follows:1. Workers' Compensation (WC) payments are awarded to an injured employee and his/her survivor(s) under federal and state WC laws, such as the Longshoremen and Harbor Workers' Compensation Act and may be made by a federal or state agen…

A. This type of income is defined as follows: 1. TANF provides a monetary grant to families under a program that uses income as a factor of eligibility and is partially funded by federal block grants. B. This type of income is treated as follows: 1. TANF payments are considered i…

A. Retroactive RSDI benefits, whether paid in a lump sum or by installment, are treated as unearned income in the month received, with the following exceptions: 1. Retroactive RSDI benefits must be paid in installments when paid to representative payees of persons who are eligibl…

A. This type of income is defined as follows: 1. Bureau of Indian Affairs General Assistance (BIA GA) is a federally funded program administered by the Bureau of Indian Affairs (BIA) through its local agency or a tribe. The program makes periodic payments to needy Indians. B. Thi…

A. These types of income are defined as follows: 1. Foster Care. An individual (adult or child) is considered to be in foster care when: a) A public or private nonprofit agency places the individual under a specific placement program; and b) The placement is in a home or facility…

A. These types of income are defined as follows: 1. Alimony and support payments are both cash contributions intended to meet some and all of a person's needs for food and shelter. a) Support payments may be made voluntarily or because of a court order. b) Alimony, sometimes call…

A. Child support is defined as follows:1. A child support payment is payment from an absent parent to or for a child to meet the child's needs for food and shelter. 2. Child support can be voluntary or court-ordered. B. Child support payments from an absent parent are treated as …

A. Rental income is defined as follows:1. Rent is payment that a person receives for the use of real or personal property, such as land, housing or machinery. B. Rental income is treated as follows:1. In determining Medicaid eligibility for at-home and institutional categories, c…

A. This type of income is defined as follows:1. Dividends and interest are returns on capital investments such as stocks, bond or savings accounts.a) Account service fees or penalties for early withdrawal do not reduce the amount of interest or dividend income. B. This type of in…

A. This type of income is defined as follows: 1. Royalties include compensation paid to the owner for the use of property, usually copyrighted material, e.g., books, music or art, or natural resources, e.g., minerals, oil, gravel or timber. a) Royalty compensation may be expresse…

A. This type of income is defined as follows: 1. An award is something received as the result of a decision by a court, board of arbitration or the like. B. This type of income is treated as follows:1. An award is counted as unearned income subject to the general rules pertaining…

A. This type of income is defined as follows: 1. A gift is something a person receives which is not repayment for goods or services the person provided and is not given because of a legal obligation on the giver's part. 2. A gift is something that is given irrevocably, i.e., the …

A. Domestic travel is defined as follows:1. Domestic travel is travel in or between the 50 states, the District of Columbia, Puerto Rico, the US Virgin Islands, Guam, American Samoa and the Northern Mariana Islands. B. A gift of a domestic travel ticket is treated as follows: 1. …

A. This type of income is defined as follows: 1. Aged, blind and disabled individuals converted from state welfare rolls are deemed to have filed for SSI beginning January 1, 1974. These converted recipients receive SSI and a Mandatory State Supplement to maintain the 12/73 incom…

A. This type of income is defined as follows: 1. A prize is generally something won in a contest, lottery or game of chance. B. This type of income is treated as follows: 1. A prize is counted as unearned income subject to the general rules pertaining to income and income exclusi…

A. This type of income is treated as follows:1. The value of a gift card or gift certificate is unearned income in the month it is received if the gift card or certificate can be used to purchase food or shelter or can be resold.a) Absent evidence to the contrary, presume a gift …

A. The following work-related payments are counted as unearned income: 1. Certain in-kind items provided as remuneration for employment, e.g., in-kind payments of food or shelter to domestic employees; 2. Money paid to a resident of a public institution when no employer/employee …

A. Any payments on account of sickness and accident disability paid more than six full months after work stopped because of that sickness or disability are unearned income. Notes 23 Miss. Code. R. 104-7.43 Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).

A. This type of income is defined as follows:1. A death benefit is something received as the result of another's death. a) Examples include: 1) Proceeds of life insurance policies received due to death of the insured; 2) Lump sum death benefits from SSA; 3) RR burial benefits; 4)…

A. This type of income is defined as follows: 1. An inheritance is cash, a right or a noncash item(s) received as the result of someone's death. An inheritance is a death benefit. B. This type of income is treated as follows:1. Until an item or right has a value (i.e., can be use…

A. The Choctaw Tribal Bonus is issued as the result of gaming revenues which are distributed to individuals on a per capita basis. B. For Medicaid eligibility purposes, the bonus is a recurring lump sum payment and is counted as income in the month of receipt. Notes 23 Miss. Code…

A. Educational assistance is provided in many forms. Treatment will vary depending on the nature and sometimes the use of the assistance. B. Educational assistance may be earned or unearned and may be counted or excluded.1. The following are specific types of educational assistan…

A. This type of assistance is defined as follows: 1. At the request of the state governor, the President may declare a major disaster when the disaster is of such severity and magnitude that effective response is beyond the capabilities of the state and local governments, and fed…

A. This type of assistance is defined as follows:1. Through a national board chaired by the Federal Emergency Management Agency (FEMA) and local boards, funds are provided to private nonprofit organizations and state and local governmental entities for providing emergency food an…

A. This type of income is defined as follows:1. Black Lung benefits are paid to miners and their survivors under the provisions of the Federal Mine Safety and Health Act (FMSHA). 2. Under the Black Lung Consolidation of Administrative Responsibilities Act, benefits under Part B a…

A. This type of assistance is defined as follows: 1. The Federal Government through the Office of Housing and Urban Development (HUD) and the US Department of Agriculture's Rural Housing Service (RHS), formerly the Farmers Home Administration, provides many forms of housing assis…

A. This type of assistance is defined as follows: 1. Through a block grant, the federal government provides funds to states for energy assistance (including weatherization) to low income households. This assistance may be provided by a variety of agencies (such as state or local …

A. This type of assistance is defined as follows:1. Low income energy assistance discussed in Rule 7.51 is governmental assistance. HEA/SMA is assistance which is the result of charitable efforts by the community to help recipients. 2. Home energy assistance is any assistance rel…

A. This type of assistance is defined as follows:1. Relocation assistance provided to persons displaced by governmental projects that acquire real property is not income. B. This type of assistance is treated as follows:1. Relocation assistance provided under the Uniform Relocati…

A. This type of assistance is defined as follows:1. Refugee Cash Assistance and Cuban and Haitian Entrant Cash Assistance are federally funded programs that make ongoing needs-based payments to refuges during their first 8 months in the United States. B. This type of assistance i…

A. This type of assistance is defined as follows: 1. Federal funds are provided to national voluntary refugee resettlement agencies such as Catholic Charities or the Hebrew Immigrant Aid Society, which provide services (including food, clothing and shelter) related to initial res…

A. This type of assistance is defined as follows: 1. The Department of Health and Human Services makes community service block grants to states to provide a broad range of services and activities to assist low-income individuals and alleviate the causes of poverty in a community.…

A. This type of assistance is defined as follows: 1. Some governmental assistance programs require that certain recipients work in exchange for the assistance provided. Most often the amount of the assistance payment is divided by the minimum wage and the recipient required to pe…

A. These programs are defined as follows:1. The Federal Government through the Administration on Aging is involved in a variety of programs for older Americans. State or local governments or community organizations may operate the programs. B. Payments from these programs are tre…

A. This program is defined as follows:1. The Workforce Investment Act of 1998 (WIA), which became effective July 1, 2000, establishes a national workforce preparation and employment system to meet the needs of businesses, job seekers and those who want to further their careers. B…

A. This type of income is defined as follows: 1. The Office of Personnel Management (OPM) makes US Civil Service and Federal Employee Retirement System (FERS) payments because of disability, retirement or death. B. This type of income is treated as follows: 1. US Civil Service pa…

A. This program is defined as follows:1. The Job Corps is a Workforce Investment Act (WIA) program. B. Income from this program is treated as follows:1. A Job Corps participant who is a student under age 22 qualifies for the student earned income exclusion. 2. The living allowanc…

A. These payments are defined as follows:1. Payments for participation in clinical trials which research and test treatment of rare diseases or conditions, as defined in the Improving Access to Clinical Trials Act of 2009. B. These payments are treated as follows:1. As applicable…

A. This type of income is defined as follows: 1. Payments made to former employees, their dependent(s) or survivor(s) by state, local (or foreign) governments. a) Examples include State and Municipal retirement. B. This type of income is treated as follows: 1. The full amount of …

A. This income is defined as follows:1. Certain state retirees (including those drawing benefits from a deceased spouse's record) are eligible to receive a 13th check each year in addition to their regular monthly check. 2. The 13th check is sometimes referred to as a bonus check…

A. There are three basic categories of payments made by the Railroad Retirement Board (RRB): 1. Life and Survivor annuities. 2. Title II benefits certified by RRB. 3. Unemployment, sickness and strike benefits. B. These types of payments are treated as follows: 1. RRB payments ar…