10-144-332 Me. Code R. § 16.5-3
All assets are excluded for eligibility groups for which MAGI-based methodology applies.
Unless specifically indicated as excluded or unavailable, all assets are counted toward the appropriate limit (Part 7) whether listed in Section 4 of this Part or not.
For the purpose of this Part, SSI - Related categories refer to Parts 6, 9. 11, 12, 13, and 14.
SECTION 4: TYPES OF ASSETS
All Agent Orange settlements as provided for under PL 100 - 687 and 101-201 are excluded.
The tax-exempt portions of payments made pursuant to PL 92-203, the Alaskan Native Claims Settlement Act are excluded.
An annuity may be purchased by the individual or a third party. If the annuity is purchased by other than the individual, the payments are counted as income. There is no countable resource nor is there a transfer of assets.
Applicants for and recipients of Medicaid long term care or residential care coverage must disclose a description of any interest the individual or community spouse has in an annuity regardless of whether the annuity is irrevocable or is treated as an asset. This must be disclosed at the time of initial application and at re-determination.
If the individual has purchased other than a straight life annuity, a transfer of assets has occurred. This is because the individual has purchased not only a benefit for him/herself but also payments to a beneficiary. The value of the transfer is equal to the difference between the cost of the annuity purchased and the cost of a straight life annuity providing the same monthly benefit. The date of the transfer is the date the payment option is selected and the funds cannot be returned to the individual. To determine if the transfer is subject to a penalty, refer to Part 15.
Assets which are in the process of being converted are exempt during the period they are unavailable.
Examples
insurance policies which have been sent to the insurance company, property which is being probated and stocks which have been submitted for redemption.Included are individual and jointly owned bank accounts and other jointly owned liquid assets:
If the individual claims that s/he does not own the money in the account s/he must provide evidence that this money belongs to the other joint owner(s). Any money in that account which the individual can show was contributed by one of the other joint bank account owners is excluded.
Verification of ownership of the funds may be shown through bank statements, written statement from the source that provided the fundsto the account, letters of award showing proof of ownership, or other clear and convincing evidence satisfying the Eligibility Specialist that the money in the account is not available to the applicant or recipient
Any money in the account which, even though contributed by the joint owner, is intended for use by the applicant/recipient (such as a gift) is countable to the individual. The Department will presume this portion is considered as any other available asset unless credible evidence is given showing this was not a gift.
If it is necessary to obtain guardianship, conservatorship or power of attorney for one of the joint owners, the thirty day count will not begin until the process of obtaining guardianship, etc., is completed. If the Department determines that there is no active pursuit of the appointment, the thirty day count will begin.
The account will be considered owned in equal portions when the two or more joint holders are eligible individuals or couples.
When a joint name is added to the account, funds are considered to be transferred to the joint name added if conditions in Part 15, Section 1.7(II) are met.
Examples
A distinction is made between jointly owned bank accounts and other jointly owned liquid assets, such as stocks and bonds.
For other types of jointly owned liquid assets, each joint owner owns an equal share of the asset. For example, if there were 3 joint owners each would own a one-third interest in the asset.
Example
Two sisters are applying for assistance. They have stocks left to them by their brother. This is verified by a copy of his will. Instead of the entire value being counted by each, one half of the value counts for each sister.
If the individual or couple establish that other joint owners refuse to sell jointly owned property, the value of the asset is excluded. This exclusion does not apply if any joint owner has the ability to convert the jointly owned asset to cash without the permission of the other owners or if the joint owners are a couple. See the policy on transfers for a possible transfer penalty the individual has established joint ownership.
Examples
The individual indicates that a savings account of $1450 has been set aside for burial. At the time of the next review, the savings account has increased due to accumulated interest to $1563. The entire savings account continues to be an excluded asset and the interest is not considered income. Several months later, the individual becomes ineligible for MaineCare. If the individual reapplies and continuous coverage does not exist, up to $1500 of the designated burial funds and accumulated interest since the original designation can be excluded as an asset.Example
If the review is due 9/07 the individual should be advised that funds must be separated by 11/30/07. If they are not, the exclusion does not apply unless the reason for non-separation is beyond the control of the individual.
Examples
The individual has one insurance policy with a face value of $1600 and a cash value of $1300. There are no prepaid burials. The policy can be considered a $1300 designated burial fund. The individual has one insurance policy with a face value of $1600 and a cash value of $1800. There are no prepaid burials. The policy can be considered a $1500 designated burial fund. The remaining $300 cash value is added to the other countable assets. The individual has one insurance policy with a face value of $1600 and a cash value of $1700. There is a prepaid burial plan for $500 as well. Only $1000 of the cash value can be considered a designated burial fund as the allowable limit of $1500 is offset by the $500 prepaid burial. The remaining cash value of $700 is added to other countable assets.$ 1700 Cash surrender value of whole life insurance policy
+ $ 500 Add: Prepaid burial contract
$ 2200 Total
- $ 1500 Maximum exclusion
$ 700 Countable asset
The amount of the countable asset is the proceeds available to the individual or couple if they were to cash in the certificate now, minus penalties for early withdrawal. Taxes are not treated as a penalty.
The value of a domestic commercial transportation ticket received as a gift by an individual (or his or her spouse) and not converted to cash will be excluded in the determination of the individual's assets. Domestic travel is defined as travel among the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
Admission contracts offer a range of housing and health care services to serve older persons as they age and as their health care needs change over time. CCRC's generally offer independent living units, assisted living, and nursing facility care for persons who can afford to pay the entrance fees. These facilities are paid primarily with private funds, but a number also accept Medicaid payment for nursing facility services. In order to operate in the State of Maine, this type of facility must have permission from the Bureau of Insurance and be licensed by the Department of Health and Human Services.
As of 2/8/06, the CCRC and LCC facilities that accept Medicaid payment are allowed to require in their admissions contracts that residents spend their resources, declared for the purposes of admission, on their care before they apply for Medicaid. With this in mind, an applicant for Medicaid who has resided in such a community must provide a copy of their admission contract as part of their Medicaid application. If there is an additional contract related to their entrance fee, that must be provided also. If the contract provides for a lifetime care agreement, the applicant will be ineligible for Medicaid.
The individual's entrance fee in a CCRC or LCC shall be considered an available asset for the purposes of Medicaid eligibility to the extent that:
For applicants with community spouses, only that part of the entrance fee that is not protected for by the community spouse's resource allowance would be considered a countable asset.
Assistance received under the Disaster Relief Act of 1974 (PL 93-288), or other assistance provided under a federal statute because of a catastrophe which is declared to be a major disaster by the President of the United States, is excluded in determining countable resources:
Disaster Unemployment Assistance authorized in P.L. 100-707, U.S.C. Section 5155(d) (1988) is excluded. This is paid to an individual unemployed as a result of a major disaster.
Excluded for the month of receipt and the following month.
Any other benefits paid through federal laws to eligible households for the purpose of providing energy assistance is excluded.
Escrow accounts set up by the U.S. Department of Housing and Urban Development (HUD) for families who are participating in the Family Self Sufficiency Program are not considered a countable resource.
Any interest paid on these accounts is not countable income. As long as the individual is receiving any state, federal or other public assistance for housing they cannot access this amount.
This program is a five year program open to all Section 8 housing participants which aims to help the family to become self-sufficient at the end of the five year period.
When the account becomes available, it is counted as a resource and/or interest income.
Payments made under Annual Contributions Contracts entered into prior to 1/1/75, under Section 23 of the US Housing Act of 1937, as amended.
Food produced in home farming for consumption by the assistance unit is excluded.
One time cash payment from the Governor Baxter School for the Deaf Compensation Authority. Interest on this compensation is excluded as income and any accrued interest is excluded as an asset.
The grants and loans are:
Basic Education Opportunity Grant Program (Pell Grants) National Direct Student Loan program (Perkins Loans) Supplemental Education Opportunity Grant Program (SEOG) Guaranteed Student Loan Program State Student Loan ProgramSSI - Related categories - exclude for all undergraduates and exclude only tuition and fees for graduate students
SSI - Related categories - exclude tuition and fees for undergraduates and count for all other students
Benefits paid to eligible households under the Home Energy Assistance Act of 1980, Title III of PL 96-223 (LIHEAP) is excluded.
Items used in day-to-day living such as clothing, household furnishings, utensils, home and property maintenance tools and equipment, heirlooms, wedding and engagement rings, basic jewelry.
Effective 10/1/76 the value of any assistance paid with respect to a dwelling unit under the United States Housing Act of 1937, the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or Title V of the Housing Act of 1949 as provided by section 2(h) of PL 94-375.
HUD community development block grant funds received to finance the rehabilitation of privately owned residences. Individuals receiving a grant are precluded by HUD regulations from using grant monies for purposes other than major property repairs or capital improvements. Payment is by check made payable either directly to the contractor or jointly to the contractor and property owner.
Any portion of income (including, but not limited to: lump sums for wages, inheritances, and lottery winnings) that remains following the month the income was received is counted with all other assets. This provision pertains to all types of income including lump sums from wages, inheritances and lottery winnings.
An IDA is a special bank account that is set up by or for the individual to allow the individual to accumulate funds for specific purposes.
There are two types of IDA's in Maine: a Family Development Account (FDA) for TANF recipients and a Demonstration Project IDA which is available to anyone. The Demonstration Project IDA is also known as Assets for Independence Act (AFIA) IDA. Individual contributions to either IDA are matched by state and/or federal funds.
Portions of insurance settlements earmarked and used, or intended to be used for specific purposes, are exempt for 6 months from date of receipt. Examples are back medical bills and attorney and legal fees associated with the settlement.
Verification of use, or intent to use, may be shown through verbal or written statements from those providers to whom the individual owes money associated with the settlement. For example, unpaid medical bills or attorney fees.
Portions of insurance settlements not specifically earmarked and used or intended to be used for specific purposes are income in the month received and any remaining portion is an asset in the following month.
For specific information regarding accident and injury settlements when the individual was on MaineCare see Part 2, Section 6.
For settlements associated with the replacement of an excluded asset, see Section 2.42 of this Part.
All Job Corps payments except on-the-job training income of an individual, at least 19 years old, who is not a dependent child.
A "life estate" is ownership of real property. Ownership is limited to the term of life, usually that of the owner of the life estate, and may have other conditions attached such as occupancy.
Life estates can be acquired by inheritance or by purchase, or can be retained when property is sold, such as when the individual sells the right to ownership after death and retains the right to ownership during their lifetime.
The monetary value of a "life estate" and the "remainder" must be established so that the applicant's assets or transfer of assets can be properly valued.
To establish the value of the property rights, refer to Appendix E.
Using the individuals' age, find the amount in the first column, "Life Estate", and multiply it by the current fair market value of the property. The result is the current value of the life estate owned by the individual. This is a countable asset but can be exempted with an intent to return if the real property is the primary residence.
Term life insurance is an excluded asset since it has no cash value.
Life insurance is excluded as long as the combined face value of all whole life policies owned by the individual on the same insured does not exceed $1500. If the total face value of all whole life policies owned by the individual on the same insured exceeds $1500, then the cash values, minus any outstanding loans, is counted against the asset limit. A portion of the cash value may be excluded for burial purposes (See Section 2.6 of this Part).
Examples:
This is a contract arrangement to live in a certain place, usually for the term of life. It is not ownership and therefore is not a countable asset.
Money borrowed by an individual is not counted as either an asset or income for the month received. Any remainder is considered an asset in the following month.
Written statements from both the individual and the party lending the money must be obtained indicating that the funds are a loan, the amount and the plan for repayment. Without verification of the loan the funds will be considered a gift and treated as a lump sum (See Section 4.31 of this Part).
Income that has accumulated and is received in one payment by the individual is considered a lump sum. This includes Worker's Compensation, Retroactive Social Security payments, Unemployment Benefits received retroactively due to the result of a hearing, and Veteran's Benefits. Gifts, inheritances, lottery winnings and insurance settlements are also considered to be a lump sum payment.
Lump sum payments are counted as income in the month received, and any remaining the next month are counted as an asset. SSI lump sum payments are excluded income.
SSI or Social Security retroactive payments are excluded as an asset for nine months. After that, any portion remaining becomes a countable asset.
Payments made to victims of Nazi persecution under Public Law 103-286 (Nazi Persecution Victims Eligibility Benefits).
The value of food assistance received under the Child Nutrition Act of 1966, as amended, and the special food service program for children under the National School Lunch Act, as amended (PL 92-433 and PL 93-150). Any benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended.
The value of benefits received under the Food Supplement Program (formerly Food Stamps) or Donated Commodities is excluded.
Earnings can be set aside in individual or employee pension plans, such as Simplified Employee Pension Plan (SEP), Individual Retirement Account (IRA), Keogh Plan or Deferred Compensation Plan. Each particular plan sets forth regulations governing accumulation and availability of funds. Often monies can be obtained upon demand although penalties for early withdrawal may decrease the asset value. Withdrawals may be taken as a lump sum, annuity or periodic income, or as with Deferred Compensation Plans the funds cannot be obtained until retirement or termination of employment. There is often a waiting period after retirement or termination during which funds are not available.
Funds are a countable asset at the point they are made available.
A mortgage is a pledge of property to a creditor as security for the obligation or repaying a debt (note).
A note is a written promise to pay or repay a specific amount of money at a stated time. The note specifies conditions such as the amount to be paid, frequency of payments and interest rate.
The note, to be enforceable, and therefore to be of any value, needs to be signed by the debtor and needs to identify, in a complete and precise manner, the obligations to repay.
The presumed value of the note is the principal to be repaid minus any repayments on principal that have been made.
The presumed value can be refuted by obtaining a statement from two sources in the business of buying notes, such as a mortgage company. The statement should identify the amount the source would presently pay for the note and describe the basis for that amount.
The current value of the note then becomes the current sale value. If different sale values are obtained, the higher amount will be used.
A transfer of assets occurs when the current sale value of the note is established at less than the presumed value. The amount of the transfer is the amount by which the presumed value exceeds the current sale value. The date of the transfer is the date the note was signed by the debtor. (See Part 15 for treatment of asset transfers.)
As of 2/8/06, funds used to purchase a promissory note, loan or mortgage can be considered a transfer of assets (see Part 15) unless the note, loan or mortgage:
In the case of a promissory note, loan or mortgage that does not meet the conditions in A, B, and C. above, the value of the note, loan or mortgage to be considered in determining the amount of the asset transfer shall be the outstanding balance due as of the date of the individual's application for Medicaid.
All property and equipment used to produce goods or services for home consumption. This includes garden plots, wood lots and livestock.
Property and equipment used in the production of income includes real property, boats, trucks, machinery and livestock. This also includes garden plots, wood lots and rental property that are income producing and liquid assets used as part of a business or trade.
Money received under the Radiation Exposure Compensation Act for injuries or death resulting from radiation due to nuclear testing and uranium mining.
With the exception of the exclusions below real property is a countable asset.
The home which the individual considers their primary residence and the land and all buildings on that land are exempt. This exemption also applies to any adjoining land as long as it is not separated by real property owned by others. Presence of any easement, road, waterway or other natural boundary does not change the exemption.
The home is exempt during periods of temporary absences of the individual, spouse or dependent as long as they indicate their intent to return. (i.e. nursing home care, boarding home, hospitalization, visiting, etc.) Except for visiting, a written statement of intent to return must be submitted. If the client is unable to make this statement, someone acting on the individual's behalf, such as the individual's guardian, conservator or holder of Power of Attorney may do so.
Once a declaration of intent is made it is valid until an intent not to return home is declared. At that time the home would become a countable asset on the first day of the month after the month in which the declaration is made.
Note: Except for migrant workers (Part 2, Section 4), when a primary residence is located out of state, it cannot be exempted as a countable asset on the basis of an intent to return home. This intent to return to an out of state residence is inconsistent with the residence requirement which is that the individual be living in Maine and intend to remain here.
The home is exempt if occupied by the spouse or dependent of the individual. A dependent is someone who is financially or medically dependent on the individual. This person is or could be claimed as a dependent for IRS purposes.
Effective with applications for Medicaid for long term care services submitted on or after 1/1/06; the individual shall not be eligible for long term care assistance if the individual's equity interest in their primary residence exceeds $750,000. This rule is also effective for re-determinations of eligibility made for those applicants whose initial application was on or after 1/1/06.
To determine the equity interest an individual has in their primary residence, consider the following:
The rule does not apply if the spouse of the individual, or dependent, or disabled child of the individual is lawfully residing in the home.
Example
A piece of land is left to an individual and his two sisters. Although there are three owners, the will indicated that one half of the property is owned by the individual. Therefore, one half of the equity becomes a countable asset unless otherwise excluded.
Payments made under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.
Japanese Restitution Payments and German Reparation Payments are excluded.
Cash received or in-kind replacement received to replace or repair an excluded asset that is lost, stolen or damaged is excluded for a period of nine months. An additional nine months can be given when circumstances beyond the individual's control prevented the replacement or repair of the asset.
Example
The individual has a motor vehicle that was excluded as his primary vehicle under Section 2.53 of this Part. The vehicle was involved in an accident. The insurance company gives the individual a check to replace the vehicle. The individual has nine months in which to purchase another vehicle or repair the damaged one. If at the end of the nine month period the individual still has the money, it will be counted against the asset limit.
Proceeds from a reverse mortgage are treated as proceeds of a loan and are not income. Any proceeds available in the month following the month of receipt are a countable resource. This arrangement allows the homeowner to borrow, via a mortgage contract, a percentage of the appraised value of his/her home equity.
The homeowner receives a periodic payment (or a line of credit) which does not have to be repaid as long as the borrower lives in the home. In most reverse mortgages the original loan does not have to be repaid until the homeowner dies, sells the home, or moves.
Payments received under the Ricky Ray Hemophilia Relief Fund Act of 1998. Interest income generated on these payments is countable income and any accrued interest is excluded as an asset. These payments are not subject to special rules on trusts or transfer of resource penalty. Payments are not counted in determining cost of care.
These are countable to the extent of their current cash value. New bonds have no cash value for six months from the date of issue.
If they are jointly owned, the amount to be counted is based on the proportion of ownership interest. If the joint owners (indicated by "and" on the bonds) refuse to sell, then the bonds are unavailable as an asset to the assistance unit.
Up to $8,000 of savings for an individual, $12,000 for an assistance unit of two or more. Any amount over the excluded amount is counted toward the asset limit. Savings is defined as an account which earns interest or dividends except that a checking account does not need to earn interest/dividends. "Savings" includes:
savings or checking account including those in a credit union; IRA; Keogh; available cash value of an annuity; stocks; bonds; mutual funds; and cash surrender value of life insurance.The $8,000/$12,000 exclusion applies to all accounts subject to the exclusion. The exclusion is not applied to each account.
Any asset necessary to carry out an approved plan for achieving self-support for a blind or disabled individual is excluded. The plan must be approved by the Bureau of Rehabilitation Services or the Social Security Administration.
Assets owned solely by the stepparent are excluded.
The value of these assets is determined by multiplying the number of shares by the current value per share. Since the amount indicated on the certificates may be less than actually owned (due to stock splits and reinvestment of dividends) it is important to establish, with the company or broker, the actual number of shares.
If the shares are owned jointly with others (other than the spouse) then the amount of the countable asset is based on the proportion of ownership interest the individual or couple has.
If signatures are required by the other joint owners, in order for the shares to be sold and the joint owners refuse to sell, then the value of these shares is unavailable as an asset to the assistance unit.
If a decision is made to sell the shares, the value is excluded from the time a formal request is made until the proceeds of the sale are dispersed to the individual or couple by the company or broker.
Assistance such as General Assistance, provided by public or private agencies to help recipients and applicants meet emergency situations.
Payments made from any fund established pursuant to a class settlement in the case of Susan Walker v. Bayer Corp., et al, and payments made pursuant to a release of all claims in a case that is entered into in lieu of the class settlement.
When payments are made in lieu of a class settlement, the agreement must be signed by all parties on or before 12/31/97 or 270 days after the date on which a release is first sent to the persons to whom the payment is to be made.
A "trust" includes any legal instrument or device that is similar to a trust.
There are special provisions for the treatment of assets placed in a trust. The term "asset" includes income as well as resources. Application of the trust provisions govern the treatment of assets in the trust.
A payment from a trust is any disbursal from the corpus of the trust or from income generated by the trust. A payment may include cash as well as non-cash or property disbursements, such as, the right to use and occupy real property.
For trusts established on or before 8/10/93 for services provided on or before 4/30/94 refer to Appendix H.
The following rules are effective for trusts established on or after 8/11/93 for Medicaid provided on or after 5/1/94.
When a trust corpus includes assets of someone other than the individual, these rules apply only to the individual's portion of the trust assets. The individual's countable income and resources must be prorated based on the proportion of the individual's assets in the trust to those other persons.
In the case of a revocable trust:
When real property is transferred to a revocable trust, it is considered to be available to the individual because it is accessible.
Effective with transfers on or after 9/1/02, a primary residence, while an available asset, cannot be exempted on the basis of an "intent to return" or as the residence of the community spouse because the property is not owned by the individual.
Similarly, property used to produce income is an available asset but is not exempted as income producing property because it is not owned by the individual.
In the case of irrevocable trusts:
Income on this portion of the corpus from which no payment could be made to or for the individual is also considered to be an asset that has been transferred.
The look back period is sixty months (See Part 15).
The following trusts are exempt from the provisions of (E) above. No transfer is considered to take place as a result of establishing the trust, except as indicated in 2. (below) relating to pooled trusts. The income and resources considered available to the individual are those made available by the trust.
This trust is considered to be established for the "sole benefit of" the individual if no other individual or entity can benefit from the assets transferred in any way whether at the time the trust is established or at any time in the future. A trust may provide for reasonable compensation to trustees to manage the trust and for beneficiaries after Medicaid has been reimbursed.
The trust may contain assets of individuals other than the disabled individual.
This exemption remains once the individual turns age 65 as long as there are no changes in the terms of the trust once the individual attains age 65. Any assets added as of age 65 are not subject to exemptions under (E) above.
However, any assets added to the trust as of age 65 may be subject to a transfer penalty (see Part 15).
A trust is considered to be established for the "sole benefit of" the individual if no other individual or entity can benefit from the assets transferred in any way whether at the time the trust is established or at any time in the future. A trust may provide for reasonable compensation to trustees to manage the trust and for beneficiaries after Medicaid has been reimbursed.
An individual age 65 or older is not automatically considered to meet the SSI criteria for disability. This must be determined as in Part 6, Section 4.3.
With trusts that are set up for the individual by someone else including those that are set up by will, trust funds are available assets unless the terms of the trust make them unavailable.
If the trust is irrevocable, that is, no member of the assistance unit or any responsible relative residing in the home has the power to revoke the trust arrangement or change the name of the beneficiary, what is available to the client is what is made available according to the terms of the trust.
Examples
This trust is irrevocable in accordance with the provisions above. The terms of the trust specify the amount, frequency and for part of the payments (the $10,000) the purpose. Medicaid policy treats interest payments as income and excludes the vehicle as an asset.
The $200 per month is considered income as long as this represents interest income. The remainder of the fund is considered an asset (currently $140,000) since it can be accessed by the individual.
Since the trust is irrevocable, what is considered available to the individual is whatever the trustee, in her discretion, makes available.
The following exclusions are applied in the manner most advantageous to the individual:
Note: This exclusion does not apply to individuals residing in a nursing or residential care facility. These facilities are required to provide Medicaid eligible individual with any transportation needed to secure medical treatment.
In order for an individual to have a second vehicle for reasons 1-4 above, they must show a need for two separate vehicles.
Examples
An individual lives on an island, leaves one car on the island and one car on the mainland to avoid having to transport a car on the ferry. An elderly applicant has two cars. An adult (or minor) child who lives with her uses one of the vehicles for work. The applicant needs the other vehicle to secure medical treatment.Note: This exclusion involves the fair market value and not the equity in the vehicle. For this reason the individual may wish to exclude the vehicle with the highest value and not the one with the most equity.
Examples
If the Buick is partially excluded they would be over assets.
$7000 (FMV/$1000 equity) - $4500 exclusion = $2500
$5000 (FMV and equity) Ford = $5000 countable
This results in countable assets of $7500 from these two vehicles.
If the Ford is partially excluded only $1500 would be counted against the asset limit.
$5000 (FMV and equity) Ford - $4500 exclusion = $500
$7000 (FMV/$1000 equity) Buick = $1000 countable
$6000 (FMV) - $4500 exclusion = $1500 countable asset
Even though the equity is only $1000, $1500 is counted as an asset, because of the fair market value.
VA monthly payments made to or on behalf of Vietnam veterans' natural children regardless of their age or marital status for any disability resulting from spina bifida suffered by such children are excluded from income and resources. Interest earned on unspent payments is not excluded.
Any payment whether cash or in-kind made under the Domestic Volunteer Service ActPublic Laws (93-113)
10-144 C.M.R. ch. 332, § 16.5-3