23 Miss. Code. R. 104-7.24 - Reduced VA Pension for Veterans and Surviving Spouses in Nursing Homes

A. Federal law limits the maximum pension that can be paid to or for veterans, who have neither a spouse nor a child, or surviving spouses (widows or widowers) without children who are covered by Medicaid for services furnished by a nursing facility to a maximum of $90.

1. The reduced pension of $90 or less is VA Aid and Attendance in all cases, and is not income for eligibility purposes.

2. Federal law also prohibits counting the reduced pension toward the veteran's cost of care (Medicaid Income); therefore, the Personal Needs Allowance (PNA) for all clients receiving a reduced pension is equal to the pension payment received to ensure that no part of the reduced pension is counted as income.

3. When a client who is eligible for long term care nursing home coverage under an Income Trust becomes entitled to the $90 reduced pension and the client continues to need the Income Trust to remain eligible, the $90 reduced pension is not counted as income to the Income Trust client.

Notes

23 Miss. Code. R. 104-7.24

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994); Miss. Code Ann. § 43-13-121.1 (Rev. 2005).