POMS Reference

SI 00830: Unearned Income

TN 120 (01-14)

Citations:

Regulations 20 CFR — 416.1103(b)(1)

A. Introduction for VA aid and attendance and housebound allowances

The Department of Veterans Affairs (VA) pays an allowance to veterans, spouses of disabled veterans, surviving spouses, and surviving parents who are in regular need of the aid and attendance of another person or who are housebound. This allowance is combined with the individual's pension or compensation payment.

B. Policy for the income treatment of aid and attendance and housebound allowances

Follow these guidelines:

  • VA aid and attendance and housebound allowances are not income for SSI purposes. See SI 00815.050 for rules on medical and social services payments.

  • If the veteran pays his or her own spouse or deemor to provide medical or social services, the payment is not income to the eligible spouse or deemor. See SI 01320.175 for a discussion of in-home supportive services payments.

  • If a veteran without a dependent spouse or child is covered by a Medicaid plan for services furnished him or her by a nursing facility, the maximum pension that can be paid to or for the veteran for any month after the month of admission to such nursing facility is $90. This reduced pension is an aid and attendance allowance in all cases, and not income.

  • If a surviving spouse without a dependent child is covered by a Medicaid plan for services furnished him or her by a nursing facility, the maximum pension that can be paid to or for the surviving spouse for any month after the month of admission to such nursing facility is $90. This reduced pension is an aid and attendance allowance in all cases, and not income.

C. Policy for Public Income Maintenance (PIM) payments

A VA payment consisting entirely of an aid and attendance or housebound allowance is not a PIM payment for living arrangement (SI 00835.130) and deeming purposes.

D. Procedure for VA aid and attendance and housebound allowances

Check for the presence of an aid and attendance or housebound allowance by reviewing the VAA field on the SSR (SM 01601.475), or by asking the individual.

Use Form SSA-L1103-U3 to contact the Veterans Affairs Regional Office (VARO) or Pension Management Centers (PMC). For when to send the request to the VARO or PMC, see SI 00830.320. Send the SSA-L1103-U3 to the VARO or PMC for verification of a pension or compensation payment amount whenever an aid and attendance or housebound allowance is indicated on the SSR, or when the veteran, spouse of a disabled veteran, surviving spouse, or surviving parent:

  • alleges an aid and attendance or housebound allowance; or

  • is housebound; or

  • is blind; or

  • is unable to dress or care for him or herself; or

  • is a patient in a nursing home; or

  • is single and severely and permanently disabled or otherwise appears to require the assistance of someone else on a day-to-day basis.

Do not use a VA check or award letter to verify the amount of income if an aid and attendance or housebound allowance is involved. When the VARO or PMC provides the amount of the pension or compensation payment via the SSA-L1103-U3, they will not include a housebound or aid and attendance allowance. Do not ask the VARO or PMC about the amount of the aid and attendance or housebound allowance because this information is not needed.