Part 05, Subpart 03, Chapter 01 - Income and Net Worth
Chapter 1. The Effect of Income and Net Worth on Pension and Parents’ Dependency and Indemnity Compensation (DIC)
Table of Contents
Section A: General Information on the Effect Income and Net Worth Have
on Pension and Parents’ DIC
Overview 1-A-1
1. General Information on Pension and Parents’ DIC Programs 1-A-2
2. General Information on Concurrent Income and Net Worth Development
in DIC and Death Compensation Claims 1-A-9
3. Income Reporting for Pension and Parents’ DIC 1-A-12
4. Action to Take When Income for VA Purposes (IVAP) Is Uncertain 1-A-14
5. Denying a Claim Because Income Exceeds the Maximum Annual Pension
Rate (MAPR) or Income Limit and Time Limits for Submitting Amended Income Information 1-A-17
6. Pension and Parent’s DIC Award Effective Dates and Payment Dates 1-A-28
7. General Information on Payment Period Commencement Under 38 CFR 3.31 1-A-29
8. Specific Exclusions to Payment Period Commencement Under 38 CFR 3.31 1-A-38
Section B: Social Security Administration (SSA) Benefits Program
Overview 1-B-1
9. Overview of the SSA Benefits Program 1-B-2
10. Medicare 1-B-7
11. Computing Monthly SSA and Medicare Benefits 1-B-10
12. Sources for Accessing Social Security (SS) Information 1-B-15
13. Terminated Disability SS and Withdrawn SS Applications 1-B-17
Section C: Section 306 Pension and Old Law Pension
Overview 1-C-1
14. Determination of Countable Income for Section 306 or Old Law Pension 1-C-2
15. Counting the Income of a Spouse for Section 306 or Old Law Pension 1-C-9
16. Deductible Expenses 1-C-16
17. Adjustments Based on Changes in Income 1-C-22
18. Changes in Marital and Dependency Status 1-C-30
19. Handling Another Beneficiary’s Award When a Surviving Spouse’s or
Child’s Award Is Terminated 1-C-39
20. Sale or Transfer of Real Estate or Personal Property 1-C-41
Continued on next page
Table of Contents, Continued
Section D: Parents’ DIC
Overview 1-D-1
21. Original and Reopened Awards 1-D-2
22. Deductible Expenses 1-D-9
23. Proportionate Calculation of Income for Veterans Affairs Purposes (IVAP) 1-D-16
24. Adjustments Based on Changes in Income 1-D-20
25. Waiver of Retirement Income 1-D-26
26. Changes in the Marital or Dependency Status of Parents 1-D-32
27. Sale or Transfer of Real Estate or Personal Property 1-D-38
Section E: Improved Pension – Basic Rate Determinations
Overview 1-E-1
28. Determining the Monthly Rate of Payment 1-E-2
29. Determining the Maximum Annual Pension Rate (MAPR) 1-E-6
30. Veterans Who Are Married to Each Other 1-E-8
31. Surviving Child Entitled to Improved Death Pension in His/Her Own Right 1-E-10
32. Income Classifications 1-E-16
33. Counting Income for Department of Veterans Affairs Purposes (IVAP) 1-E-19
34. Counting Income During the Initial Period 1-E-30
35. Award Notice to Claimant 1-E-39
36. Using Special Law (SL) Codes 14 and 18 1-E-41
Section F: Improved Pension – Dependents
Overview 1-F-1
37. Establishing Dependents for Improved Pension Purposes 1-F-2
38. Counting the Income of Dependents 1-F-7
39. Removing Dependents From Improved Pension Awards 1-F-20
40. Removing the Income of Dependents 1-F-25
Continued on next page
Table of Contents, Continued
Section G: Improved Pension – Deductible Expenses
Overview 1-G-1
41. Overview of Deductible Expenses 1-G-2
42. Medical Expense Deductions 1-G-4
43. Sources of Medical Expenses 1-G-8
44. Processing Medical Expense Deductions 1-G-17
45. Verifying Medical Expenses 1-G-32
46. Final Expense Deductions – Overview and Definitions 1-G-43
47. Processing Final Expense Deductions 1-G-46
48. Educational Expense Deductions 1-G-56
49. Child’s Income Deductions 1-G-58
50. Hardship Deduction From a Child’s Income 1-G-60
51. Specific Deductions for Gross Business Income and Permanent and Total (PT)
Disability or Death Expenses 1-G-72
Section H: Improved Pension – Adjustments Based on Changes in Status
Overview 1-H-1
52. Adjustments Based on Changes in Income 1-H-2
53. Cost-of-Living Adjustments (COLAs) 1-H-9
54. Adjustments for the Loss of Disability SS 1-H-16
55. Effect of Terminated Death Pension Awards on Other Beneficiaries 1-H-18
Section I: Improved Pension – Counting Specific Types of Income
Overview 1-I-1
56. Income Inclusions 1-I-2
57. Income Inclusions From Government Programs 1-I-6
58. Income Exclusions 1-I-9
59. Living/Home Income Exclusions 1-I-15
60. Disaster Income Exclusions 1-I-17
61. Death and Disability Income Exclusions 1-I-18
62. Income From Mortgage or Contract for Deed 1-I-20
63. Indian Income 1-I-22
64. Income From the Sale of Property 1-I-26
65. Asset Transfers and Life Estates: Effect on Net Worth and Income 1-I-29
66. Exhibits 1 and 2: Payments Excluded by Federal Statutes in Calculating Income
and/or Net Worth 1-I-32
Continued on next page
Table of Contents, Continued
Section J: Net Worth
Overview 1-J-1
67. General Information on Net Worth 1-J-2
68. Adjusting Improved Pension Awards Based on Changes in Net Worth 1-J-6
69. Adjusting Section 306 Pension Awards Based on Changes in Net Worth 1-J-10
70. Denial Due to Excessive Net Worth 1-J-12
71. Developing the Value of Real Estate 1-J-17
72. Exhibit 1: Life Expectancy Table for Net Worth Determinations 1-J-20
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