Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.5 - Black Lung (BL) Benefits
Universal Citation: MS Code of Rules 23-104-7.5
Current through September 24, 2024
A. This type of income is defined as follows:
1. Black Lung
benefits are paid to miners and their survivors under the provisions of the
Federal Mine Safety and Health Act (FMSHA).
2. Under the Black Lung Consolidation of
Administrative Responsibilities Act, benefits under Part B and Part C of the
FMSHA are paid by the Department of Labor (DOL).
B. This type of income is treated as follows:
1. BL benefit payments are counted as
unearned income.
a) Both Part B and Part C BL
benefits are subject to offsets (like Workers' Compensation) and can be reduced
due to the recovery of an overpayment
1) The
amount of the BL benefit to charge as income is the amount paid after
application of an offset (like Workers' Compensation), but before the
collection of any obligations of the recipient.
b) In addition, Part C benefits may be
reduced because of liens imposed by other federal agencies such as the Internal
Revenue Service (IRS).
1) The amount deducted
from a Part C BL benefit because of garnishment (such as liens imposed by other
federal agencies) is counted as unearned income.
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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