23 Miss. Code. R. 104-7.5 - Black Lung (BL) Benefits

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.

Notes

23 Miss. Code. R. 104-7.5

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