S.D. Admin. R. 67:46:04:03

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:46:04:03 - Items not considered income when determining eligibility for long-term care or medical assistance

The following are not considered income when determining eligibility for long-term care or medical assistance:

(1) Third-party payments to medical providers;

(2) County welfare payments to medical providers;

(3) Money paid by a school district for educational purposes;

(4) Income tax or sales tax refunds;

(5) Unearned irregular income from all sources which totals $20 or less per month;

(6) The following payments from the Veterans' Administration:

(a) The $90 reduced pension benefit for single veterans or surviving spouses of veterans in nursing facilities who are Medicaid recipients;

(b) Aid and attendance allowance;

(c) The clothing allowance for veterans with a service-connected disability for which the veteran uses a prosthetic or orthopedic appliance;

(d) Educational assistance;

(e) A payment adjustment for unusual medical expenses; and

(f) A payment to a Vietnam veteran's child who has spina bifida;

(7) Life insurance dividends;

(8) A benefit received under the provisions of the Older Americans Act of 1965, except wages or salary;

(9) A payment to a volunteer under the National and Community Service Trust Act of 1993, such as from SCORE, AmeriCorp-VISTA, RSVP, senior companion program, or the foster grandparent program;

(10) A payment received pursuant to the Agent Orange product liability settlement;

(11) A gift from a tax-exempt organization to a minor child who has a life-threatening condition;

(12) A hemophilia settlement fund payment;

(13) Income of an SSI recipient that is used toward an SSI approved plan for achieving self-support;

(14) Income provided to victims of a presidentially-declared disaster from federal programs and agencies, joint federal and state programs, state or local government programs, or private organizations; and

(15) Income placed in a trust under the provisions of § 67:46:05:32.03.

Except for interest earned on unspent payments received under subsection (13) or (14), interest earned on unspent income from the above excluded income sources is countable income when determining eligibility for long-term care or medical assistance.

S.D. Admin. R. 67:46:04:03

8 SDR 170, effective 6/21/1982; 9 SDR 133, effective 4/27/1983; 14 SDR 87, effective 12/27/1987; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Definitions, § 67:46:04:02. Earned income, 20 C.F.R. § 416.1110. When we count unearned income, 20 C.F.R. § 416.1123 (b)(3). Unearned income we do not count, 20 C.F.R. § 416.1124 (c). Limited, improved pension for certain veterans receiving Medicaid-covered nursing home care, 38 U.S.C. § 5503. Aid and attendance compensation for service connected disability or death, 38 U.S.C. § 1114. Clothing allowance, 38 U.S.C. § 1162. Dependency compensation for unusual medical expenses, 38 U.S.C § 1315. Children of Vietnam veterans born with spina bifida, 38 U.S.C. § 1805. Exclusion of payments received pursuant to the Agent Orange product liability settlement, Pub. L. No. 101-201.