Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.38 - Gifts
Universal Citation: MS Code of Rules 23-104-7.38
Current through September 24, 2024
A. This type of income is defined as follows:
1. A gift is something a person receives
which is not repayment for goods or services the person provided and is not
given because of a legal obligation on the giver's part.
2. A gift is something that is given
irrevocably, i.e., the giver relinquishes all control.
B. This type of income is treated as follows:
1. A gift is unearned income subject to
general rules pertaining to income and income exclusions. Determine the nature
of the gift and apply appropriate policy.
C. Gifts used to pay tuition, fees or other necessary educational expenses are treated as follows:
1. Effective June 1, 2004, gifts (or a
portion of a gift) used to pay for tuition, fees or other necessary educational
expenses at any educational institution, including vocational and technical
education, are excluded from income.
2. They are also excluded from resources for
the 9-month period beginning the month after the month the gift was
received.
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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