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General Assembly Raised Bill No. 917
January Session, 2021
LCO No. 3370
Referred to Committee on VETERANS' AFFAIRS
Introduced by:
(VA)
AN ACT EXEMPTING VET ERANS' FEDERAL PENSI ON BENEFITS
FROM INCOME 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repealed and the following is substituted in lieu thereof (Effective July 1, 2
2021): 3
(a) To the extent permissible by federal law, the Commissioner of 4
Social Services shall disregard any federal [Aid and Attendance] 5
pension benefits granted to a veteran or the surviving spouse of such 6
veteran when determining income eligibility for the state's Medicare 7
savings, medical assistance and energy assistance programs 8
administered under section 17b-2. As used in this subsection, "veteran" 9
means any person (1) honorably discharged from, or released under 10
honorable conditions from active service in, the armed forces, as defined 11
in section 27-103, or (2) with a qualifying condition, as defined in said 12
section, who has received a discharge other than bad conduct or 13
dishonorable from active service in the armed forces. 14
Sec. 2. Subsection (a) of section 17b-104 of the general statutes is 15 Raised Bill No. 917
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repealed and the following is substituted in lieu thereof (Effective July 1, 16
2021): 17
(a) The Commissioner of Social Services shall administer the program 18
of state supplementation to the Supplemental Security Income Program 19
provided for by the Social Security Act and state law. The commissioner 20
may delegate any powers and authority to any deputy, assistant, 21
investigator or supervisor, who shall have, within the scope of the 22
power and authority so delegated, all of the power and authority of the 23
Commissioner of Social Services. The commissioner shall establish a 24
standard of need based on the cost of living in this state for the 25
temporary family assistance program and the state-administered 26
general assistance program. The commissioner shall make a 27
reinvestigation, at least every twelve months, of all cases receiving aid 28
from the state, except that such reinvestigation may be conducted every 29
twenty-four months for recipients of assistance to the elderly or disabled 30
with stable circumstances, and shall maintain all case records of the 31
several programs administered by the Department of Social Services so 32
that such records show, at all times, full information with respect to 33
eligibility of the applicant or recipient. In the determination of need 34
under any public assistance program, such income or earnings shall be 35
disregarded as federal law requires, and such income or earnings may 36
be disregarded as federal law permits. In determining eligibility, the 37
commissioner shall disregard from income [Aid and Attendance] any 38
federal pension benefits granted to a veteran, as defined under section 39
27-103, or the surviving spouse of such veteran. The commissioner shall 40
encourage and promulgate such incentive earning programs as are 41
permitted by federal law and regulations. 42
Sec. 3. Subsection (c) of section 17b-191 of the general statutes is 43
repealed and the following is substituted in lieu thereof (Effective July 1, 44
2021): 45
(c) To be eligible for cash assistance under the program, a person shall 46
(1) be (A) eighteen years of age or older; (B) a minor found by a court to 47
be emancipated pursuant to section 46b-150; or (C) under eighteen years 48 Raised Bill No. 917
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of age and the commissioner determines good cause for such person's 49
eligibility, and (2) not have assets exceeding two hundred fifty dollars 50
or, if such person is married, such person and his or her spouse shall not 51
have assets exceeding five hundred dollars. In determining eligibility, 52
the commissioner shall not consider as income [Aid and Attendance] 53
any federal pension benefits granted to a veteran, as defined in section 54
27-103, or the surviving spouse of such veteran. No person who is a 55
substance abuser and refuses or fails to enter available, appropriate 56
treatment shall be eligible for cash assistance under the program until 57
such person enters treatment. No person whose benefits from the 58
temporary family assistance program have terminated as a result of 59
time-limited benefits or for failure to comply with a program 60
requirement shall be eligible for cash assistance under the program. 61
Sec. 4. Section 17b-256f of the general statutes is repealed and the 62
following is substituted in lieu thereof (Effective July 1, 2021): 63
The Commissioner of Social Services shall increase income disregards 64
used to determine eligibility by the Department of Social Services for the 65
federal Qualified Medicare Beneficiary, the Specified Low-Income 66
Medicare Beneficiary and the Qualifying Individual programs, 67
administered in accordance with the provisions of 42 USC 1396d(p), by 68
such amounts that shall result in persons with income that is (1) less 69
than two hundred eleven per cent of the federal poverty level qualifying 70
for the Qualified Medicare Beneficiary program, (2) at or above two 71
hundred eleven per cent of the federal poverty level but less than two 72
hundred thirty-one per cent of the federal poverty level qualifying for 73
the Specified Low-Income Medicare Beneficiary program, and (3) at or 74
above two hundred thirty-one per cent of the federal poverty level but 75
less than two hundred forty-six per cent of the federal poverty level 76
qualifying for the Qualifying Individual program. The commissioner 77
shall not apply an asset test for eligibility under the Medicare Savings 78
Program. The commissioner shall not consider as income [Aid and 79
Attendance] any federal pension benefits granted to a veteran, as 80
defined in section 27-103, or the surviving spouse of such veteran. The 81
Commissioner of Social Services, pursuant to section 17b-10, may 82 Raised Bill No. 917
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implement policies and procedures to administer the provisions of this 83
section while in the process of adopting such policies and procedures in 84
regulation form, provided the commissioner prints notice of the intent 85
to adopt the regulations on the department's Internet web site and the 86
eRegulations System not later than twenty days after the date of 87
implementation. Such policies and procedures shall be valid until the 88
time final regulations are adopted. 89
Sec. 5. Subsection (a) of section 17b-261 of the general statutes is 90
repealed and the following is substituted in lieu thereof (Effective July 1, 91
2021): 92
(a) Medical assistance shall be provided for any otherwise eligible 93
person whose income, including any available support from legally 94
liable relatives and the income of the person's spouse or dependent 95
child, is not more than one hundred forty-three per cent, pending 96
approval of a federal waiver applied for pursuant to subsection (e) of 97
this section, of the benefit amount paid to a person with no income 98
under the temporary family assistance program in the appropriate 99
region of residence and if such person is an institutionalized individual 100
as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 101
and has not made an assignment or transfer or other disposition of 102
property for less than fair market value for the purpose of establishing 103
eligibility for benefits or assistance under this section. Any such 104
disposition shall be treated in accordance with Section 1917(c) of the 105
Social Security Act, 42 USC 1396p(c). Any disposition of property made 106
on behalf of an applicant or recipient or the spouse of an applicant or 107
recipient by a guardian, conservator, person authorized to make such 108
disposition pursuant to a power of attorney or other person so 109
authorized by law shall be attributed to such applicant, recipient or 110
spouse. A disposition of property ordered by a court shall be evaluated 111
in accordance with the standards applied to any other such disposition 112
for the purpose of determining eligibility. The commissioner shall 113
establish the standards for eligibility for medical assistance at one 114
hundred forty-three per cent of the benefit amount paid to a household 115
of equal size with no income under the temporary family assistance 116 Raised Bill No. 917
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program in the appropriate region of residence. In determining 117
eligibility, the commissioner shall not consider as income [Aid and 118
Attendance] any federal pension benefits granted to a veteran, as 119
defined in section 27-103, or the surviving spouse of such veteran. 120
Except as provided in section 17b-277 and section 17b-292, the medical 121
assistance program shall provide coverage to persons under the age of 122
nineteen with household income up to one hundred ninety-six per cent 123
of the federal poverty level without an asset limit and to persons under 124
the age of nineteen, who qualify for coverage under Section 1931 of the 125
Social Security Act, with household income not exceeding one hundred 126
ninety-six per cent of the federal poverty level without an asset limit, 127
and their parents and needy caretaker relatives, who qualify for 128
coverage under Section 1931 of the Social Security Act, with household 129
income not exceeding one hundred fifty-five per cent of the federal 130
poverty level without an asset limit. Such levels shall be based on the 131
regional differences in such benefit amount, if applicable, unless such 132
levels based on regional differences are not in conformance with federal 133
law. Any income in excess of the applicable amounts shall be applied as 134
may be required by said federal law, and assistance shall be granted for 135
the balance of the cost of authorized medical assistance. The 136
Commissioner of Social Services shall provide applicants for assistance 137
under this section, at the time of application, with a written statement 138
advising them of (1) the effect of an assignment or transfer or other 139
disposition of property on eligibility for benefits or assistance, (2) the 140
effect that having income that exceeds the limits prescribed in this 141
subsection will have with respect to program eligibility, and (3) the 142
availability of, and eligibility for, services provided by the Nurturing 143
Families Network established pursuant to section 17b-751b. For 144
coverage dates on or after January 1, 2014, the department shall use the 145
modified adjusted gross income financial eligibility rules set forth in 146
Section 1902(e)(14) of the Social Security Act and the implementing 147
regulations to determine eligibility for HUSKY A, HUSKY B and 148
HUSKY D applicants, as defined in section 17b-290. Persons who are 149
determined ineligible for assistance pursuant to this section shall be 150
provided a written statement notifying such persons of their ineligibility 151 Raised Bill No. 917
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and advising such persons of their potential eligibility for one of the 152
other insurance affordability programs as defined in 42 CFR 435.4. 153
Sec. 6. Subsection (l) of section 17b-342 of the general statutes is 154
repealed and the following is substituted in lieu thereof (Effective July 1, 155
2021): 156
(l) In determining eligibility for the program described in this section, 157
the commissioner shall not consider as income [Aid and Attendance] 158
any federal pension benefits granted to a veteran, as defined in section 159
27-103, or the surviving spouse of such veteran. 160
Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 161
repealed and the following is substituted in lieu thereof (Effective July 1, 162
2021): 163
(a) The Commissioner of Social Services shall administer a state-164
appropriated fuel assistance program to provide, within available 165
appropriations, fuel assistance to elderly and disabled persons whose 166
household gross income is above the income eligibility guidelines for 167
the Connecticut energy assistance program but does not exceed two 168
hundred per cent of federal poverty guidelines. The income eligibility 169
guidelines for the state-appropriated fuel assistance program shall be 170
determined, annually, by the Commissioner of Social Services, in 171
conjunction with the Secretary of the Office of Policy and Management. 172
In determining eligibility, the commissioner shall not consider as 173
income [Aid and Attendance] any federal pension benefits granted to a 174
veteran, as defined under section 27-103, or the surviving spouse of such 175
veteran. The commissioner may adopt regulations, in accordance with 176
the provisions of chapter 54, to implement the provisions of this 177
subsection. 178
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 17b-28i(a)
Sec. 2 July 1, 2021 17b-104(a)
Sec. 3 July 1, 2021 17b-191(c) Raised Bill No. 917
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Sec. 4 July 1, 2021 17b-256f
Sec. 5 July 1, 2021 17b-261(a)
Sec. 6 July 1, 2021 17b-342(l)
Sec. 7 July 1, 2021 17b-801(a)
Statement of Purpose:
To exclude all veterans' federal pension 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.]