Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 8 - Other Unearned Income Exclusions
Rule 23-104-8.2 - Austrian Social Insurance Payments

Universal Citation: MS Code of Rules 23-104-8.2

Current through September 24, 2024

A. These payments are defined as follows:

1. The nationwide class action lawsuit, Bondy v. Sullivan, involved Austrian social insurance payments based, in whole or in part, on wage credits under Paragraphs 500-506 of the Austrian General Social Insurance Act, which grant credits to person who suffered a loss (imprisoned, unemployed, forced to flee Austria from March 1933 to May 1945 for political, religious or ethnic reasons).

B. These payments are treated as follows:

1. Credits authorized under paragraphs 500-506 of the Austrian General Social Insurance Act are excluded as income.

2. Effective July 2004, interest earned on excluded Austrian social insurance payments retained is excluded from income.

3. Austrian social insurance payments not based on Paragraphs 500-506 are counted as income.

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).

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