Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 520.000 - MassHealth: Financial Eligibility
Section 520.015 - Noncountable Income

Universal Citation: 130 MA Code of Regs 130.520

Current through Register 1531, September 27, 2024

The following types of income are not considered in determining the financial eligibility of the applicant or member:

(A) the income of any individual who is a recipient of EAEDC or SSI;

(B) the portion of the income that is disregarded

(1) for disabled adult children according to 130 CMR 519.004: Disabled Adult Children; and

(2) under the Pickle Amendment according to 130 CMR 519.003: Pickle Amendment Cases;

(C) income-in-kind;

(D) money received from a loan secured by the equity in the home of an individual who is aged 60 or older (reverse mortgage);

(E) veterans' aid and attendance benefits, unreimbursed medical expenses, housebound benefits, enhanced benefits ($90 Veterans' Administration pension to long-term-care-facility residents, including veterans and their childless surviving spouses who live in a state veterans' home), or veterans' benefits that are based on need and are provided by municipalities to resident veterans;

(F) the amount of the increase due to a social security cost-of-living adjustment (COLA), if the amount of such increase can be verified, until the subsequent federal-poverty-level adjustment for applicants and members who are community residents;

(G) retroactive RSDI and SSI benefit payments;

(H) income received by individuals who have verified their membership as an American Indian or Alaska Native and who are members of an Indian tribe, a tribal organization, or an urban Indian organization in accordance with federal law that meets one of the following:

(1) distributions from Alaska Native Corporations and Settlement Trusts;

(2) distributions from any property held in trust, subject to federal restrictions, located within the most recent boundaries of a prior federal reservation, or otherwise under the supervision of the Secretary of the Interior;

(3) distributions and payments from rents, leases, rights of way, royalties, usage rights, or natural resource extractions and harvest from
(a) rights of ownership or possession in any lands described in 130 CMR 520.008(K); or

(b) federally protected rights about off-reservation hunting, fishing, gathering, or usage of natural resources;

(4) distributions resulting from real property ownership interests related to natural resources and improvements
(a) located on or near a reservation or within the most recent boundaries of a prior federal reservation; or

(b) resulting from the exercise of federally protected rights relating to such real property ownership interests;

(5) payments resulting from ownership interests in or usage rights to items that have unique religious, spiritual, traditional, or cultural significance or rights that support subsistence or traditional lifestyle according to applicable tribal law or custom;

(6) student financial assistance provided under the Bureau of Indian Affairs education programs; or

(I) any other income considered noncountable under Title XIX.

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