Code of Massachusetts Regulations
108 CMR - DEPARTMENT OF VETERANS' SERVICES
Title 108 CMR 5.00 - Determination Of Benefits
Section 5.01 - General Guidelines for Benefits Determination

(1) General Rule for Determination of Benefits. Only such amount shall be paid to or for any veteran or dependent as may be necessary to afford him or her sufficient relief or support and such benefits shall not be paid to any person who is able to support himself or herself or who is in receipt of income from any source sufficient for his or her support. The schedule of benefits shall be reviewed and revised periodically by the Secretary and adjusted to assure that the veteran or dependent is paid benefits as may be necessary to afford him or her sufficient relief or support.

(2) Repayment of Veterans' Benefits. The payment of veterans' benefits constitutes a grant of public assistance to the veteran or his or her dependent. In certain circumstances, veterans' agents shall place a recipient who has been overpaid in Refund status in accordance with 108 CMR 8.07 and no agreement for the repayment of such benefits by the veteran or dependent shall be permitted except as provided in M.G.L. c. 115 and in 108 CMR 8.03 and 8.07.

(3) Calculation of Applicant's Budget. The veterans' agent shall prepare a budget setting forth the amounts of the applicant's financial needs in various categories, as described in 108 CMR 5.02. On the basis of this budget, and after taking into consideration alternative sources of income available to the applicant as described in 108 CMR 6.00, the veterans' agent shall make a determination of the amount of benefits which shall be paid to the applicant, notify him or her of the amount and date of payment, and issue a Notice of Determination on a form prescribed by the Secretary.

(4) Pre-approval Living Expenses. The veterans' agent shall, prior to the date of the Secretary's approval of an applicant's application, grant to the applicant payments to meet his or her immediate basic living expenses, in accordance with the Secretary's budget directive. Provided that the veterans' agent has within ten regular days of the application obtained all copies of the veteran's discharge record, has verified the applicant's residence, and has made a substantial effort to obtain all other supporting documents, the payment made under 108 CMR 5.01 shall not exceed the amounts specified for various categories in the budget guides as set forth in the Secretary's Budget Amounts directive.

(5) Excessive Benefits. The veterans' agent may grant benefits to an applicant in excess of the amounts authorized or approved by the Secretary. However, DVS shall not be obligated to reimburse the amount by which the benefits payments exceed the Secretary's authorization or approval.

(6) Duration or Permanency of Applicant's Need. A veterans' agent's decision on granting of benefits shall not distinguish between cases on the basis of the apparent permanency, or duration of the applicant's need for veterans' benefits.

(7) Beginning and Termination of Benefits Payments. If the applicant was paid on a weekly basis while employed, payments shall begin on the 8th day following the applicant's receipt of final wages. If the applicant was paid on abi-weekly basis, payments shall begin on the 15th day following the applicant's receipt of final wages. Benefits shall not continue beyond the day prior to the applicant's first receipt of wages following new employment. If the wages are inadequate for the applicants' needs in accordance with 108 CMR 5.02, his or her wages shall be supplemented based on the first pay-day.