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LIHEAP IM 2003-5 Disregard of Monetary Allowances for Certain Children of Vietnam War Veterans

Special Topics

Published: May 5, 2003
Audience:
Low Income Home Energy Assistance Program (LIHEAP)
Category:
Guidance, Policies, Procedures, Information Memorandums (IM)

TO: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) GRANTEES AND OTHER INTERESTED PARTIES

SUBJECT: Disregard of Monetary Allowances for Certain Children of Vietnam War Veterans

RELATED REFERENCES: The Low Income Home Energy Assistance Act, Title XXVI of the Omnibus Reconciliation Act of 1981, Public Law 97-35, as amended; 38 U.S.C. 1823(c)

PURPOSE: To inform grantees and other interested parties of the existence of a statute requiring the disregard of certain benefits paid by the Department of Veterans Affairs in determining eligibility for, and the amount of, benefits under the Low Income Home Energy Assistance Program (LIHEAP).

CONTENT: 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 VA 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 under [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 LIHEAP eligibility and the amount of benefits.

INQUIRIES TO: Inquiries should be directed to the local office of the Department of Veterans Affairs.