Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.2 - Title II, Retirement, Survivors and Disability Insurance (RSDI) Payments
Universal Citation: MS Code of Rules 23-104-7.2
Current through September 24, 2024
A. This type of income is defined as follows:
1. Retirement, Survivors and Disability
Insurance are monthly Social Security benefits which are counted as unearned
income.
a) Special age 72 benefits, also known
as Prouty benefits, are also counted as unearned income.
B. This type of income is treated as follows:
1. Title II benefits are counted
as unearned income, considering the following:
a) The amount of premiums deducted from RSDI
for the optional Supplemental Medical Insurance (SMI) premium under Medicare
are counted as unearned income.
b)
The amounts deducted for Medicare Part D are countable unearned
income.
c) SMI/Medicare Part D
premiums that are refunded to the individual are not counted.
d) A Title II benefit is reduced dollar for
dollar in the amount of any monthly Workers' Compensation paid.
1) If a monthly benefit payment has been
reduced because of a Workers' Compensation offset, the net amount of the
benefit received (plus any SMI, Medicare Part D premium withheld) is unearned
income.
e) Overpayments
recovered from SSA benefits are included unless the overpayment occurred when
the person was receiving SSI and the overpaid amount was included in at that
time. In this instance, the amount deducted for an overpayment is not included
in calculating countable Title II income.
f) Refund of recovered monies based on a
waiver approval is not income if the money was previously withheld to recover a
Title II overpayment, both SSI and Title II benefits were received at the time
of the overpayment and the overpaid amount was included in figuring the SSI
payment at that time.
g) If a
monthly Title II benefit payment has been reduced because of a garnishment, the
gross amount of the benefit received (plus any SMI premium withheld) is counted
as unearned income.
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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