Rule 23-104-7.20 - Deeming VA IncomeA. Under the deeming provision, the income of an ineligible spouse or parent who receives income based on need is not deemed to an eligible spouse or child in at-home cases.B. The needs-based pension and needs-based compensation payments are non-deemable along with any other income of the ineligible.C. However, if an ineligible spouse or parent receives a VA payment that is solely attributed to UME or A & A, the receipt of such payment will result in deeming the remaining income of the ineligible to the eligible.D. Example: If an ineligible spouse receives Social Security and VA that is attributed solely to UME, the ineligible's Social Security would be deemable to the eligible. However, if the ineligible receives a VA needs-based pension or needs-based compensation payment in addition to payment for UME, all income of the ineligible, including the Social Security payment, is non-deemable to the eligible person.23 Miss. Code. R. 104-7.20
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).