23 Miss. Code. R. 104-7.15 - VA Benefits for Dependents

A. VA often considers the existence of dependents when determining a veteran's or veteran's surviving spouse's eligibility for pension, compensation and educational benefits by the following:

1. Apportionment. This is direct payment of the dependent's portion of VA benefits to a dependent spouse or child.

a) The portion of a VA benefit paid by apportionment to a dependent spouse or child is VA income to the dependent spouse or child. It is not a support payment from the designated VA beneficiary.

2. Augmentation. An augmented payment includes a designated VA beneficiary's portion and one or more dependent portions.

a) The designated beneficiary's portion is that part of an augmented benefit that is attributable to the veteran or the veteran's surviving spouse and it VA income to the designated beneficiary, i.e., veteran or veteran's surviving spouse.

b) The dependent's portion is VA income to the dependent, provided the dependent resides with the designated beneficiary. The dependent's portion is not a support payment from the designated beneficiary.

c) An absent dependent's portion of an augmented VA benefit is not VA income to either the dependent or the designated beneficiary.

1) This is true even if the designated beneficiary continues to receive the absent dependent's portion.

2) The dependent's portion of a VA benefit is not VA income to an absent dependent unless he receives it directly as an apportioned payment.

3) Any portion of the absent dependent's augmented benefit that is retained by the designated beneficiary is a countable resource.

4) Any payment made from the designated beneficiary directly to an absent dependent is unearned income in the form of a gift, a support payment, or other income, not VA income.

Notes

23 Miss. Code. R. 104-7.15

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