Mo. Code Regs. tit. 13 § 40-13.010

Current through Register Vol. 49, No.12, June 17, 2024

Section 13 CSR 40-13.010 - Scope and Definitions

PURPOSE: This rule states the definition of terms which are applicable to the blind pension program.

(1) Scope: This rule establishes the definitions and terms which are applicable to blind pension payments and eligibility for blind pension (state funded) MO HealthNet pursuant to RSMo. 208.151.1(3), notwithstanding any other provision of the Code of State Regulations to the contrary. This rule applies to the blind pension program and does not apply to the Supplemental Aid to the Blind (SAB) program, unless stated otherwise.

(2) Definitions.

(A) "Adjusted Gross Income" means the gross income less any health insurance premiums and court ordered child support payments made by the sighted spouse.

(B) "Applicant" means the adult that applied for blind pension benefits whose signature, or whose signature as written by the adult's guardian, conservator, or attorney-in-fact, is on the application for blind pension.

(C) "Application Date" means the day on which the division receives a completed and signed application.

(D) "Asset" or "Resource" means a liquid resource, personal property, or real property, as defined in this rule.

(E) "Authorized Representative" means a person or organization designated by the participant to act responsibly on the participant's behalf. Notwithstanding any other regulations to the contrary, a participant or applicant may appoint an authorized representative pursuant to 13 CSR 40-2.015.

(F) "Blind." A person is blind if his or her vision cannot be corrected to better than five two-hundredths (5/200), in the better eye, or if his or her visual field is less than or equal to five (5) degrees as tested with five millimeter (5 mm) target on perimeter in the better eye, for a period that lasted or is expected to last at least twelve (12) months.

(G) "Division" means the Family Support Division of the Department of Social Services of the state of Missouri.

(H) "Household" or "Household Member" means:

1. A person applying for, receiving, or appealing an adverse decision in regard to assistance from the blind pension program; and

2. The spouse of the participant, if the spouse is living with the participant or in a dwelling on the same parcel of land as the participant, or is a community spouse, as defined in 13 CSR 40-2.030, including situations when one (1) spouse is away from the home for work, education, or medical purposes, but would otherwise be living with the participant.

(I) "Liquid Resource" or "Liquid Asset" means cash or other property which can be converted to cash within twenty (20) business days. Examples of a liquid resource include, but are not limited to:

1. Money in a checking, savings, money market, certificate of deposit, nursing home patient account, or other bank account;

2. The cash surrender value of a life insurance policy, minus the amount of any lien, loan, accrued interest payments, or assigned portion of the policy;

3. Securities, as defined in section 409.1-101, RSMo, including mutual funds and retirement accounts;

4. The cash surrender value of an annuity;

5. The income stream of an irrevocable annuity, pursuant to section 208.212, RSMo;

6. A burial plan, pre-need funeral contract, or personal funeral trust account;

7. A promissory note, mortgage, contract for deed, or other loan instrument; or

8. An instrument similar to those identified in this subsection that the division has determined to be of value to the household.

(J) "Motor Vehicle" means any self-propelled vehicle not operated exclusively upon tracks or private roads.

(K) "Participant" means any individual who has applied for, is receiving, or has been denied blind pension benefits or services administered by the division.

(L) "Personal Property" means anything that is neither a liquid resource, nor real property. This includes, but is not limited to:

1. Household goods and personal effects;

2. Farm surpluses, livestock, farm or business machinery or equipment;

3. Automobiles, trucks, and similar items; or

4. Anything that does not meet the definition of a liquid resource or real property.

(M) "Real Property" means land, and any interest, buildings, or any permanent structures attached to the land, including, but not limited to, mobile homes and trailers.

(N) "Reasonable Support" means the sighted spouse's annual income is equal to or greater than five hundred percent (500%) of that year's Federal Poverty Limit for the applicant's household size of two (as the term "household size" is used when determining Federal Poverty Guidelines).

(O) "Residence." In order to establish residency, the participant must show physical personal presence in the state of Missouri with the intention to remain permanently or for an indefinite time, without any fixed or certain purpose to return to a former place of abode outside of Missouri. The participant must be a resident of Missouri for the continuous twelve (12) months immediately preceding the date of application. The division may require documentation to verify Missouri residency.

(P) "Sighted Spouse" means a person who has vision better than the requirement to receive blind pension as defined by 13 CSR 40-13.015, who is married to a recipient of blind pension.

(Q) "Trust" is defined pursuant to Chapter 456, RSMo.

13 CSR 40-13.010

Adopted by Missouri Register August 15, 2019/Volume 44, Number 16, effective 9/30/2019