Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.3 - Treatment of Retroactive Benefits
Universal Citation: MS Code of Rules 23-104-7.3
Current through September 24, 2024
A. Retroactive RSDI benefits, whether paid in a lump sum or by installment, are treated as unearned income in the month received, with the following exceptions:
1. Retroactive RSDI benefits must be paid in
installments when paid to representative payees of persons who are eligible
because of Drug Addiction or Alcoholism (DAA).
a) The total of retroactive RSDI benefits
paid in installments is treated as if paid in a lump sum in the usual
manner.
b) The total of such
benefits paid in installments is considered unearned income in the month in
which the first installment is made.
2. Retroactive RSDI benefits paid for a month
for which a person also received an SSI payment (i.e., an offset month) have
been reduced by an amount equal to the amount of SSI that would not have been
paid had the RSDI benefits been paid when due.
a) The balance of these retroactive RSDI
benefits is considered income not when received, but rather in the month
regularly due.
1) The award letter issued to
the recipient will specify the offset amount.
2) Any payment over and above this amount is
income in the month received.
b) Retroactive RSDI benefits paid for periods
outside of an offset period are not subject to reduction and are considered
income when received.
3.
In certain situations, SSA will agree at the recipient's request to pay by
installment retroactive RSDI benefits that would otherwise be paid in one lump
sum.
a) In such cases, the total of
retroactive RSDI benefits (except for amounts considered paid in a windfall
offset as discussed above) is counted as unearned income in the month the
benefits were set aside for the person's use.
B. Retroactive SSI and RSDI benefits are defined as follows:
1. Retroactive SSI
benefits are SSI benefits issued in any month after the calendar month for
which they are paid.
a) SSI benefits for
January that are issued in February are retroactive.
2. Retroactive RSDI benefits are those issued
in any month that is more than a month after the calendar month for which they
are paid.
a) RSDI benefits for January that
are issued in February are not retroactive; however, RSDI benefits for January
that are issued in March are retroactive.
C. The unspent portion of retroactive SSI and RSDI benefits is excluded from resources for 9 calendar months following the month the individual receives the benefits.
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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