Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.47 - Educational Assistance
Universal Citation: MS Code of Rules 23-104-7.47
Current through September 24, 2024
A. Educational assistance is provided in many forms. Treatment will vary depending on the nature and sometimes the use of the assistance.
B. Educational assistance may be earned or unearned and may be counted or excluded.
1.
The following are specific types of educational assistance:
a) VA Educational Benefits, which are
discussed in Rule 7.10);
b)
Assistance under Title IV of the Higher Education Act (HEA) of 1965 or Bureau
of Indian Affairs;
1) All student financial
assistance received under HEA or BIA assistance programs is excluded from
income and resources, regardless of use.
2) The resource exclusion does not have a
time limit, i.e., regardless of how long held, the assistance is excluded from
resources.
3) Interest and
dividends earned on unspent educational assistance under Title IV HEA and BIA
are excluded from income.
c) Grants, Scholarships, Fellowships and
Gifts;
1) Grants, scholarships and fellowships
are defined as follows:
(a) These are amounts
paid by private nonprofit agencies, the US government, instrumentalities or
agencies of the US, state and local governments, foreign governments and
private concerns, e.g., a private citizen, to enable qualified individuals to
further their education and training by scholastic or research work,
etc.
2) Gifts are
defined as follows:
(a) A gift is something a
person receives which is not repayment for goods or services provided and not
given by legal obligation on the giver's part. To be a gift, something must be
irrevocably given.
3)
Any portion of a grant, scholarship, fellowship or gift used for paying
tuition, fees, or other necessary educational expenses at any educational
institution, including vocational or technical education, is excluded from
income.
4) Any portion of such
educational assistance that is not used for paying current tuition, fees or
other necessary educational expenses but will be used for paying this type of
educational expense at a future date is excluded from income in the month of
receipt.
(a) This exclusion does not apply to
that portion set aside or actually used for food, clothing or
shelter.
5) Any portion
of grants, scholarships, fellowships, or gifts that is not used or set aside
for paying tuition, fees, or other necessary educational expenses is income in
the month received and a resource the month after the month of receipt, if
retained.
6) If any portion of
grants, scholarships, fellowships or gifts that is excluded from resource
because it is set aside to pay for necessary educational expenses is used for
some other purpose, the funds are income at the earliest of the following
points:
(a) In the month that it is spent;
or
(b) The month the individual no
longer intends to use the funds to pay necessary educational expense.
7) If the funds set aside for pay
for necessary educational expenses are not spent after the
9th month, they are countable resources as of the
10th month following the month of receipt.
(a) Interest and dividends earned on grants,
scholarships, fellowships or gifts which are excluded as a resource count as
income. Interest and dividends earned on educational assistance which is a
countable resource are excluded as income.
d) Educational Payments under AmeriCorps and
the National Civilian Community Corps.
1) The
National and Community Service Trust Act established the Corporation for
National and Community Services (CNCS). Through CNCS, the federal government
administers a number of national and community service programs. It is also the
federal agency that administers VISTA and the Service Corps, programs formerly
administered by the ACTION agency.
2) Effective September 1, 2008, cash or
in-kind payments provided by AmeriCorps State and National and AmeriCorps NCCC
are excluded from income, even if they meet the definition of wages. Such
payments include, but are not limited to:
(a)
Living allowance payments;
(b)
Stipends;
(c) Food and
shelter;
(d) Clothing
allowances;
(e) Educational awards
and payments in lieu of educational awards.
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994); P.L. 110-245 §203.
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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