Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits, 52322-52323 [2018-22564]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52322-52323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22564]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AO73


Net Worth, Asset Transfers, and Income Exclusions for Needs-Based 
Benefits

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; correction.

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SUMMARY: On September 18, 2018, the Department of Veterans Affairs (VA) 
published a final rule amending its regulations governing veterans' 
eligibility for VA pensions and other needs-based benefit programs. The 
final rule contained some errors in its preamble and in one amendment 
to the CFR. This document corrects those errors.

DATES: These corrections are effective on October 18, 2018.

FOR FURTHER INFORMATION CONTACT: Marie Gregory, Assistant Director, 
Pension and Fiduciary Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 21P1, 810 Vermont Ave. NW, Washington, 
DC 20420, (202) 632-8863. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In FR Doc. No. 2018-19895 appearing on page 
47246 in the Federal Register of Tuesday, September 18, 2018, the 
following corrections are made:

Corrections

    1. On page 47260, third column, under the heading ``1. Changes to 
Exclusions,'' add the following paragraph:
    ``At the outset, as a technical matter, the paragraph proposed as 
Sec.  3.279(a) is recharacterized in this final rule as an introductory 
paragraph. Thus, proposed paragraphs (b) through (e) are 
recharacterized as final paragraphs (a) through (d), respectively.''
    2. On page 47261, first column, in the first full paragraph, the 
third and fourth sentences are corrected to read as follows:
    ``We have made this addition to final Sec. Sec.  3.261, 3.262, and 
3.272, and final Sec.  3.279 lists this exclusion at paragraph (d)(1). 
Given this addition and the recharacterization of proposed paragraphs 
(b) through (e) discussed above, we have renumbered proposed Sec.  
3.279(e)(1) through (8) as final Sec.  3.279(d)(2) through (9), 
respectively.''
    3. On page 47261, second column, in the first paragraph, the third 
sentence is corrected to read as follows:
    ``Final Sec.  3.279(b)(1), (2), and (3) use the term ``assets'' in 
the first column rather than the term ``net worth'' as proposed.''
    4. On page 47261, third column, in the second paragraph, the fourth 
sentence is corrected to read as follows:
    ``We make no substantive change based on this comment because the 
$2,000 cap is statutory.''
    5. On page 47261, third column, in the fourth paragraph, the first 
and second sentences are corrected to read as follows:
    ``One commenter opined that the exclusion at proposed Sec.  
3.279(b)(1) was erroneous because it ``is inconsistent with 25 U.S.C. 
1408'' and because

[[Page 52323]]

``relocation payments under 25 U.S.C. 1408 are treated as assets.'' We 
make no substantive change because the statute cited, section 1408, 
pertains to interests of American Indians in trusts or restricted lands 
and is listed in final Sec.  3.279(b)(2), where we note such payments 
are excluded from income (up to $2,000 per year) and assets.''
    6. On page 47261, third column, in the fifth paragraph, the first 
sentence is corrected to read as follows:
    ``However, the commenter goes on to quote from 42 U.S.C. 4636, 
which is the basis of the relocation payment exclusion listed at final 
Sec.  3.279(a)(1).''
    7. On page 47262, first column, in the first full paragraph, second 
sentence is corrected to read as follows:
    ``This payment type was listed as an income exclusion at proposed 
Sec.  3.279(d)(1) and is now at final Sec.  3.279(c)(1).''
    8. On page 47262, first column, in the first full paragraph, the 
fourth sentence is corrected to read as follows:
    ``Therefore, the only substantive change we make here is to update 
the statutory citation.''
    9. On page 47262, first column, the second paragraph is corrected 
to read as follows:
    ``Similarly, the same commenter stated that payments to AmeriCorps 
participants, listed as an exclusion from income at proposed Sec.  
3.279(d)(2), should not be considered an asset for the annualization 
period in which the payment is received. Since the statutory authority 
for this exclusion, 42 U.S.C. 12637(d), does not authorize the 
exclusion of these payments from assets, we make no substantive changes 
based on this comment.''
    10. On page 47263, first column, in the first paragraph under the 
heading ``3. Distribution and Derivation Tables for Exclusions,'' the 
fifth sentence is corrected to read as follows:
    ``The derivation table here corrects one error from the table 
providing this information in the proposed rule, and updates the 
paragraphs in accord with the recharacterization of proposed paragraphs 
(b) through (e) discussed above.''
    11. On page 47263, second column, table 2 is corrected to read as 
follows:

      Table 2--Section 3.279 Derivation From Previous Sec.   3.272
------------------------------------------------------------------------
                                           Derived from previous Sec.
           New Sec.   3.279                    3.272 (or ``New'')
------------------------------------------------------------------------
3.279(a)(1)...........................  New.
3.279(a)(2)...........................  3.272(v).
3.279(a)(3)...........................  3.272(p).
3.279(a)(4)...........................  New.
3.279(a)(5)...........................  3.272(o).
3.279(a)(6)...........................  3.272(u).
3.279(a)(7)...........................  New.
3.279(b)(1)...........................  New.
3.279(b)(2)...........................  3.272(r).
3.279(b)(3) through (b)(5)............  New.
3.279(b)(6)...........................  3.272(t).
3.279(b)(7) through (c)(2)............  New.
3.279(c)(3)...........................  3.272(k).
3.279(d)(1) through (d)(9)............  New.
------------------------------------------------------------------------

    12. On page 47263, second column, table 3 is corrected to read as 
follows:

               Table 3--Previous Sec.   3.272 Distribution
------------------------------------------------------------------------
                                         Distributed to or no change in
         Previous Sec.   3.272                      location
------------------------------------------------------------------------
3.272(a) through (j)..................  No change.
3.272(k)..............................  3.279(c)(3).
3.272(l) through (n)..................  No change.
3.272(o)..............................  3.279(a)(5).
3.272(p)..............................  3.279(a)(3).
3.272(q)..............................  3.272(o).
3.272(r)..............................  3.279(b)(2).
3.272(s)..............................  3.272(p).
3.272(t)..............................  3.279(b)(6).
3.272(u)..............................  3.279(a)(6).
3.272(v)..............................  3.279(a)(2).
3.272(w)..............................  Removed.
3.272(x)..............................  3.272(q).
------------------------------------------------------------------------

    13. On page 47267, first column, in the third paragraph, the second 
sentence is corrected to read as follows:
    ``We are spelling out the acronym ``aka'' used in proposed Sec.  
3.279(a) (now the introductory paragraph to final Sec.  3.279), and 
making a technical correction to proposed Sec.  3.279(e)(9) (now final 
Sec.  3.279(d)(9)) to correctly refer to subchapter I instead of 
subchapter 1 as the authority for excluding as income annuities 
received under the Retired Serviceman's Family Protection Plan.''

0
14. On page 47269, first column, in added paragraph (u) in the 
amendments to Sec.  3.262, the second sentence is corrected to read as 
follows:


Sec.  3.262  [Corrected]

* * * * *
    (u) * * * See Sec.  3.279(d)(1).
* * * * *

    Approved: October 12, 2018.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2018-22564 Filed 10-16-18; 8:45 am]
 BILLING CODE 8320-01-P