Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.28 - Workers' Compensation Payments
Universal Citation: MS Code of Rules 23-104-7.28
Current through September 24, 2024
A. This type of income is defined as follows:
1. Workers'
Compensation (WC) payments are awarded to an injured employee and his/her
survivor(s) under federal and state WC laws, such as the Longshoremen and
Harbor Workers' Compensation Act and may be made by a federal or state agency,
an insurance company or an employer.
B. This type of income is treated as follows:
1. The WC payment less any expenses incurred
in obtaining the payment is counted as unearned income.
a) Any portion of a WC payment or award that
the authorizing or paying agency designates for medical, legal or other
expenses attributable to obtaining the WC award is not income.
b) If an individual alleges having incurred
expenses that exceed the amounts designated for expenses, or to which no amount
was designated, the normal rules pertaining to the expenses of obtaining income
apply.
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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