Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.26 - Determining the Amount of VA Payments

Universal Citation: MS Code of Rules 23-104-7.26

Current through September 24, 2024

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. In cases where VA "suspends" VA Improved Pension benefits for failure to verify medical expenses, the benefit in effect prior to the suspension date continues to count as income because the recipient remains entitled to the VA benefit.

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).

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