| To: |
State and Territorial
Agencies Administering or Supervising the Administration of Titles
IV-B and IV-E of the Social Security Act |
| Subject: |
Disregard of Monetary Allowances
for Certain Children of Vietnam War Veterans |
| Legal and Related
References: |
Titles IV-B and IV-E of the Social
Security Act, the Social Security Act Amendments of 1994 (Public
Law 103-432), 38 U.S.C. 1823(c), Public Law 104-204, Public Law
106-419 |
| Purpose: |
The purpose of this Information
Memorandum is: 1) to inform States and other interested parties of
Public Law 106-419, the Veterans Benefits and Health Care
Improvement Act of 2000, which amended chapter 18, section 401
of P. L. 104-204, the Departments of Veterans Affairs and
Housing and Urban Development, And Independent Agencies
Appropriations Act of 1994, to expand the benefits and services
to children of women Vietnam veterans born with certain birth
defects, and 2) to inform States and other interested parties of
the July 31, 2002 final regulations on Monetary Allowances for
Certain Children of Vietnam Veterans; Identification of
Covered Birth Defects. Both can be accessed via www.access.gpo.gov/nara. |
| Information: |
Pursuant to sections 421 and
422(c) of Pub. L. 104-204, effective October 1, 1997, title 38,
United States Code, was amended by the addition of a new chapter
18, under which certain Veterans Administration benefits and
services are provided to children of Vietnam veterans (including
adult children) who were born with the congenital defect spina
bifida. A subsequent amendment to chapter 18 made by section
401 of Pub. L. 106-419, effective December 1, 2001, provides VA
benefits and services to children of women Vietnam veterans born
with certain other birth defects. Included among the benefits
provided for these children is a monthly monetary allowance paid at
a rate that is based on the child's level of disability. Section
1823(c) of title 38, United States Code, states that
"[n]otwithstanding any other provision of law, a monetary allowance
paid an individual [chapter 18] shall not be considered as income
or resources in determining eligibility for, or the amount of
benefits under, any Federal or federally assisted program." The
disregard should be applied in determining a child's eligibility
for title IV-E based on his/her eligibility for the former Aid to
Families with Dependent Children (AFDC) program under the State's
July 16, 1996 title IV-A State plan. |
| Inquiries to: |
ACF Regional Offices |
|
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