Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.44 - Death Benefits

Universal Citation: MS Code of Rules 23-104-7.44

Current through September 24, 2024

A. This type of income is defined as follows:

1. A death benefit is something received as the result of another's death.
a) Examples include:
1) Proceeds of life insurance policies received due to death of the insured;

2) Lump sum death benefits from SSA;

3) RR burial benefits;

4) VA burial benefits;

5) Inheritances in cash or in kind;

6) Cash or in-kind gifts given by relatives, friends, or a community group to "help out" with expenses related to death.

B. This type of income is treated as follows:

1. Death benefits are counted as income to the extent the total amount exceeds the expenses of the deceased person's last illness and burial paid by the recipient of the benefit.

2. Death benefits that are not income are also not a resource for one calendar month following the month of receipt. If retained into the second month following receipt, they are countable resources.

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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