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General Assembly Raised Bill No. 5403
February Session, 2020
LCO No. 2173
Referred to Committee on VETERANS' AFFAIRS
Introduced by:
(VA)
AN ACT EXCLUDING CER TAIN VETERANS' BENEFITS WHEN
DETERMINING ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 17b-28i of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective July 1, 2
2020): 3
(a) To the extent permissible by federal law, the Commissioner of 4
Social Services shall disregard federal (1) Aid and Attendance pension 5
benefits granted to a veteran or the surviving spouse of such veteran, 6
and (2) disability benefits granted to a veteran when determining 7
income eligibility for the state's Medicare savings, medical assistance 8
and energy assistance programs administered under section 17b-2. As 9
used in this subsection, "veteran" means any person [(1)] (A) honorably 10
discharged from, or released under honorable conditions from active 11
service in, the armed forces, as defined in section 27-103, or [(2)] (B) with 12
a qualifying condition, as defined in said section, who has received a 13
discharge other than bad conduct or dishonorable from active service in 14
the armed forces. 15 Raised Bill No. 5403
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Sec. 2. Subsection (a) of section 17b-104 of the 2020 supplement to the 16
general statutes is repealed and the following is substituted in lieu 17
thereof (Effective July 1, 2020): 18
(a) The Commissioner of Social Services shall administer the program 19
of state supplementation to the Supplemental Security Income Program 20
provided for by the Social Security Act and state law. The commissioner 21
may delegate any powers and authority to any deputy, assistant, 22
investigator or supervisor, who shall have, within the scope of the 23
power and authority so delegated, all of the power and authority of the 24
Commissioner of Social Services. The commissioner shall establish a 25
standard of need based on the cost of living in this state for the 26
temporary family assistance program and the state-administered 27
general assistance program. The commissioner shall make a 28
reinvestigation, at least every twelve months, of all cases receiving aid 29
from the state, except that such reinvestigation may be conducted every 30
twenty-four months for recipients of assistance to the elderly or disabled 31
with stable circumstances, and shall maintain all case records of the 32
several programs administered by the Department of Social Services so 33
that such records show, at all times, full information with respect to 34
eligibility of the applicant or recipient. In the determination of need 35
under any public assistance program, such income or earnings shall be 36
disregarded as federal law requires, and such income or earnings may 37
be disregarded as federal law permits. In determining eligibility, the 38
commissioner shall disregard from income federal (1) Aid and 39
Attendance pension benefits granted to a veteran, as defined [under] in 40
section 27-103, or the surviving spouse of such veteran, and (2) disability 41
benefits granted to a veteran. The commissioner shall encourage and 42
promulgate such incentive earning programs as are permitted by 43
federal law and regulations. 44
Sec. 3. Section 17b-191 of the general statutes is repealed and the 45
following is substituted in lieu thereof (Effective July 1, 2020): 46
(a) Notwithstanding the provisions of sections 17b-190, 17b-195 and 47
17b-196, as amended by this act, the Commissioner of Social Services 48 Raised Bill No. 5403
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shall operate a state-administered general assistance program in 49
accordance with this section and sections 17b-131, 17b-193, 17b-194, 17b-50
197 and 17b-198. Notwithstanding any provision of the general statutes, 51
on and after October 1, 2003, no town shall be reimbursed by the state 52
for any general assistance medical benefits incurred after September 30, 53
2003, and on and after March 1, 2004, no town shall be reimbursed by 54
the state for any general assistance cash benefits or general assistance 55
program administrative costs incurred after February 29, 2004. 56
(b) The state-administered general assistance program shall provide 57
cash assistance of (1) two hundred dollars per month for an 58
unemployable person upon determination of suc h person's 59
unemployability; (2) two hundred dollars per month for a transitional 60
person who is required to pay for shelter; and (3) fifty dollars per month 61
for a transitional person who is not required to pay for shelter. The 62
standard of assistance paid for individuals residing in rated boarding 63
facilities shall remain at the level in effect on August 31, 2003. No person 64
shall be eligible for cash assistance under the program if eligible for cash 65
assistance under any other state or federal cash assistance program. The 66
standards of assistance set forth in this subsection shall be subject to 67
annual increases, as described in subsection (b) of section 17b-104. 68
(c) To be eligible for cash assistance under the program, a person shall 69
(1) be (A) eighteen years of age or older; (B) a minor found by a court to 70
be emancipated pursuant to section 46b-150; or (C) under eighteen years 71
of age and the commissioner determines good cause for such person's 72
eligibility, and (2) not have assets exceeding two hundred fifty dollars 73
or, if such person is married, such person and his or her spouse shall not 74
have assets exceeding five hundred dollars. 75
(d) In determining eligibility, the commissioner shall not consider as 76
income federal (1) Aid and Attendance pension benefits granted to a 77
veteran, as defined in section 27-103, or the surviving spouse of such 78
veteran, or (2) disability benefits granted to a veteran. 79
(e) No person who is a substance abuser and refuses or fails to enter 80 Raised Bill No. 5403
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available, appropriate treatment shall be eligible for cash assistance 81
under the program until such person enters treatment. No person whose 82
benefits from the temporary family assistance program have terminated 83
as a result of time-limited benefits or for failure to comply with a 84
program requirement shall be eligible for cash assistance under the 85
program. 86
[(d)] (f) Prior to or upon discontinuance of assistance, a person 87
previously determined to be a transitional person may petition the 88
commissioner to review the determination of his or her status. In such 89
review, the commissioner shall consider factors, including, but not 90
limited to: (1) Age; (2) education; (3) vocational training; (4) mental and 91
physical health; and (5) employment history and shall make a 92
determination of such person's ability to obtain gainful employment. 93
Sec. 4. Section 17b-256f of the general statutes is repealed and the 94
following is substituted in lieu thereof (Effective July 1, 2020): 95
The Commissioner of Social Services shall increase income disregards 96
used to determine eligibility by the Department of Social Services for the 97
federal Qualified Medicare Beneficiary, the Specified Low-Income 98
Medicare Beneficiary and the Qualifying Individual programs, 99
administered in accordance with the provisions of 42 USC 1396d(p), by 100
such amounts that shall result in persons with income that is (1) less 101
than two hundred eleven per cent of the federal poverty level qualifying 102
for the Qualified Medicare Beneficiary program, (2) at or above two 103
hundred eleven per cent of the federal poverty level but less than two 104
hundred thirty-one per cent of the federal poverty level qualifying for 105
the Specified Low-Income Medicare Beneficiary program, and (3) at or 106
above two hundred thirty-one per cent of the federal poverty level but 107
less than two hundred forty-six per cent of the federal poverty level 108
qualifying for the Qualifying Individual program. The commissioner 109
shall not apply an asset test for eligibility under the Medicare Savings 110
Program. The commissioner shall not consider as income federal (A) 111
Aid and Attendance pension benefits granted to a veteran, as defined in 112
section 27-103 or the surviving spouse of such veteran, or (B) disability 113 Raised Bill No. 5403
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benefits granted to a veteran. The Commissioner of Social Services, 114
pursuant to section 17b-10, may implement policies and procedures to 115
administer the provisions of this section while in the process of adopting 116
such policies and procedures in regulation form, provided the 117
commissioner prints notice of the intent to adopt the regulations on the 118
department's Internet web site and the eRegulations System not later 119
than twenty days after the date of implementation. Such policies and 120
procedures shall be valid until the time final regulations are adopted. 121
Sec. 5. Subsection (a) of section 17b-261 of the 2020 supplement to the 122
general statutes is repealed and the following is substituted in lieu 123
thereof (Effective July 1, 2020): 124
(a) (1) Medical assistance shall be provided for any otherwise eligible 125
person whose income, including any available support from legally 126
liable relatives and the income of the person's spouse or dependent 127
child, is not more than one hundred forty-three per cent, pending 128
approval of a federal waiver applied for pursuant to subsection (e) of 129
this section, of the benefit amount paid to a person with no income 130
under the temporary family assistance program in the appropriate 131
region of residence and if such person is an institutionalized individual 132
as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 133
and has not made an assignment or transfer or other disposition of 134
property for less than fair market value for the purpose of establishing 135
eligibility for benefits or assistance under this section. Any such 136
disposition shall be treated in accordance with Section 1917(c) of the 137
Social Security Act, 42 USC 1396p(c). Any disposition of property made 138
on behalf of an applicant or recipient or the spouse of an applicant or 139
recipient by a guardian, conservator, person authorized to make such 140
disposition pursuant to a power of attorney or other person so 141
authorized by law shall be attributed to such applicant, recipient or 142
spouse. A disposition of property ordered by a court shall be evaluated 143
in accordance with the standards applied to any other such disposition 144
for the purpose of determining eligibility. The commissioner shall 145
establish the standards for eligibility for medical assistance at one 146
hundred forty-three per cent of the benefit amount paid to a household 147 Raised Bill No. 5403
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of equal size with no income under the temporary family assistance 148
program in the appropriate region of residence. In determining 149
eligibility, the commissioner shall not consider as income federal (A) 150
Aid and Attendance pension benefits granted to a veteran, as defined in 151
section 27-103 or the surviving spouse of such veteran, or (B) disability 152
benefits granted to a veteran. Except as provided in section 17b-277 and 153
section 17b-292, the medical assistance program shall provide coverage 154
to persons under the age of nineteen with household income up to one 155
hundred ninety-six per cent of the federal poverty level without an asset 156
limit and to persons under the age of nineteen, who qualify for coverage 157
under Section 1931 of the Social Security Act, with household income 158
not exceeding one hundred ninety-six per cent of the federal poverty 159
level without an asset limit, and their parents and needy caretaker 160
relatives, who qualify for coverage under Section 1931 of the Social 161
Security Act, with household income not exceeding one hundred fifty-162
five per cent of the federal poverty level without an asset limit. Such 163
levels shall be based on the regional differences in such benefit amount, 164
if applicable, unless such levels based on regional differences are not in 165
conformance with federal law. Any income in excess of the applicable 166
amounts shall be applied as may be required by said federal law, and 167
assistance shall be granted for the balance of the cost of authorized 168
medical assistance. 169
(2) The Commissioner of Social Services shall provide applicants for 170
assistance under this section, at the time of application, with a written 171
statement advising them of [(1)] (A) the effect of an assignment or 172
transfer or other disposition of property on eligibility for benefits or 173
assistance, [(2)] (B) the effect that having income that exceeds the limits 174
prescribed in this subsection will have with respect to program 175
eligibility, and [(3)] (C) the availability of, and eligibility for, services 176
provided by the Nurturing Families Network established pursuant to 177
section 17b-751b. For coverage dates on or after January 1, 2014, the 178
department shall use the modified adjusted gross income financial 179
eligibility rules set forth in Section 1902(e)(14) of the Social Security Act 180
and the implementing regulations to determine eligibility for HUSKY 181 Raised Bill No. 5403
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A, HUSKY B and HUSKY D applicants, as defined in section 17b-290. 182
Persons who are determined ineligible for assistance pursuant to this 183
section shall be provided a written statement notifying such persons of 184
their ineligibility and advising such persons of their potential eligibility 185
for one of the other insurance affordability programs as defined in 42 186
CFR 435.4. 187
Sec. 6. Subsection (l) of section 17b-342 of the general statutes is 188
repealed and the following is substituted in lieu thereof (Effective July 1, 189
2020): 190
(l) In determining eligibility for the program described in this section, 191
the commissioner shall not consider as income federal (1) Aid and 192
Attendance pension benefits granted to a veteran, as defined in section 193
27-103 or the surviving spouse of such veteran, or (2) disability benefits 194
granted to a veteran. 195
Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 196
repealed and the following is substituted in lieu thereof (Effective July 1, 197
2020): 198
(a) The Commissioner of Social Services shall administer a state-199
appropriated fuel assistance program to provide, within available 200
appropriations, fuel assistance to elderly and disabled persons whose 201
household gross income is above the income eligibility guidelines for 202
the Connecticut energy assistance program but does not exceed two 203
hundred per cent of federal poverty guidelines. The income eligibility 204
guidelines for the state-appropriated fuel assistance program shall be 205
determined, annually, by the Commissioner of Social Services, in 206
conjunction with the Secretary of the Office of Policy and Management. 207
In determining eligibility, the commissioner shall not consider as 208
income federal (1) Aid and Attendance pension benefits granted to a 209
veteran, as defined [under] in section 27-103 or the surviving spouse of 210
such veteran, or (2) disability benefits granted to a veteran. The 211
commissioner may adopt regulations, in accordance with the provisions 212
of chapter 54, to implement the provisions of this subsection. 213 Raised Bill No. 5403
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Sec. 8. Section 17b-196 of the general statutes is repealed and the 214
following is substituted in lieu thereof (Effective July 1, 2020): 215
Notwithstanding the provisions of [subsection (c)] subsections (c) to 216
(f), inclusive, of section 17b-191, as amended by this act, a person (1) at 217
least eighteen years of age and under twenty-one years of age, (2) living 218
with his or her family that is receiving benefits under the temporary 219
family assistance program, and (3) who would be an eligible dependent 220
in such program if under the age of eighteen shall be eligible for state-221
administered general assistance in the amount of assistance such person 222
would be eligible for as a dependent in such family under the temporary 223
family assistance program. 224
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 17b-28i(a)
Sec. 2 July 1, 2020 17b-104(a)
Sec. 3 July 1, 2020 17b-191
Sec. 4 July 1, 2020 17b-256f
Sec. 5 July 1, 2020 17b-261(a)
Sec. 6 July 1, 2020 17b-342(l)
Sec. 7 July 1, 2020 17b-801(a)
Sec. 8 July 1, 2020 17b-196
Statement of Purpose:
To exclude certain veterans' benefits from income when determining
eligibility for public assistance programs.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]