Requests from Public Assistance Agencies

Overview

In This Section

This section contains the topic " Requests to the Department of Veterans Affairs (VA) From Public Assistance Agencies."

1. Requests to VA From Public Assistance Agencies

Introduction

This topic contains information on requests to VA from public assistance agencies, including

• when to notify State public assistance agencies of benefits payable
• information to furnish
• State public assistance agencies, and
• the Department of Health and Human Services (HHS) or other department or agency of the U.S. government, and
• when to
• notify State agencies of benefits payable for purposes of Medicaid eligibility, and
• furnish information to the American Red Cross (ARC) or a tax-supported social agency.

Change Date

September 1, 2016

XIII.ii.3.B.1.a. When to Notify State Public Assistance Agencies of Benefits Payable

Notify the appropriate State public assistance agency administering the Federal Temporary Assistance to Needy Families (TANF) of any original award of pension, compensation or Dependency and Indemnity Compensation (DIC) made in any case, if it is indicated in the application or in any correspondence of record that the claimant

• is in receipt of TANF, or
• has applied for TANF.

Notes:

• If there is doubt as to whether or not the claimant is eligible for TANF, send a letter to the public assistance agency to determine if there is a need to furnish claimant award information.
• If there is no indication of receipt of TANF benefits, do not undertake development to determine TANF status.

XIII.ii.3.B.1.b. Information to Furnish State Public Assistance Agencies

Limit information furnished to a State public assistance agency to the

• type of benefit awarded
• amount of the benefit, and
• effective date of the award.

Note: Do not furnish any other information to a State or local agency without consent, except as to the amount of benefit payments under 38 U.S.C. 5701(c)(1), or as permitted under the Privacy Act for routine uses.

XIII.ii.3.B.1.c. Information to Furnish HHS or Other Department or Agency of the U.S. Government

Furnish information as provided in M21-1, Part XIII, Subpart ii, 3.B.1.b upon receipt of a request from the U.S. Public Health Service (USPHS), Department of Health and Human Services (HHS), or any other department or agency of the U.S. Government.

XIII.ii.3.B.1.d. When to Notify State Agencies of Benefits Payable for Purposes of Medicaid Eligibility

For purposes of Medicaid eligibility, advise the administering State agency of the amount of an award.

Most States expect the Department of Veterans Affairs (VA) to calculate income for the purpose of determining entitlement to Medicaid using the procedures that are used to determine entitlement to Supplemental Security Income. However, there are exceptions

• North Dakota and Minnesota include as income any special monthly pension VA pays a beneficiary, and
• Connecticut includes as income the increase in benefits VA pays a beneficiary for unreimbursed medical expenses.

Notes:

• If the aid and attendance (A&A) allowance is payable, indicate what part of the monthly rate is considered to be for A&A.
• In current-law pension cases,
• report the amount for A&A as the difference between the gross amount of pension and the maximum annual pension rate (MAPR), including dependents that are on the award, excluding consideration of the housebound or A&A rates, or
• if pension would not be payable but for entitlement to the A&A allowance or housebound rate, because income is in excess of the limit, report the entire amount of the payment as A&A.

Scenario: VA pays current-law pension to a Veteran with one dependent in the amount of $2,120.00 per month effective February 1, 2015. The MAPR effective February 1, 2015, for a Veteran with one dependent (excluding consideration of housebound or A&A) is $16,851.00, which equates to $1,404.00 per month. The A&A amount is the difference between $2,120.00 and $1,404.00.

Result: The Veteran’s A&A amount is $716.00 per month.

Reference: For information on answering Social Security Administration requests for information, see M21-1, Part XIII, Subpart ii, 1.

XIII.ii.3.B.1.e. When to Furnish Information to ARC or a Tax-Supported Social Agency

VA will supply an American Red Cross (ARC) chapter or other tax-supported social agency the necessary medical and social data for confidential use, when requested, for the purpose of implementing the provisions in the Veterans Health Administration (VHA) Handbook 1110.04, Case Management Standards of Practice.