Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.45 - Inheritances
Universal Citation: MS Code of Rules 23-104-7.45
Current through September 24, 2024
A. This type of income is defined as follows:
1. An inheritance is cash, a right or a
noncash item(s) received as the result of someone's death. An inheritance is a
death benefit.
B. This type of income is treated as follows:
1. Until
an item or right has a value (i.e., can be used to meet the heir's need for
food or shelter), it is neither income nor a resource.
2. The inheritance is income in the first
month it has a value and can be used.
3. An inheritance is not income to a person
if the inheritance is something that was considered that person's resource
(either as a member of an eligible couple or through deeming of resources)
immediately before the death.
a) The proceeds
of a life insurance policy were not a resource before the death.
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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