Connecticut 2021 Regular Session

Connecticut Senate Bill SB00917 Compare Versions

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7-General Assembly Substitute Bill No. 917
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5+LCO No. 3370 1 of 7
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7+General Assembly Raised Bill No. 917
88 January Session, 2021
9+LCO No. 3370
910
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12+Referred to Committee on VETERANS' AFFAIRS
13+
14+
15+Introduced by:
16+(VA)
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1421 AN ACT EXEMPTING VET ERANS' FEDERAL PENSI ON BENEFITS
1522 FROM INCOME ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
1623 Be it enacted by the Senate and House of Representatives in General
1724 Assembly convened:
1825
1926 Section 1. Subsection (a) of section 17b-28i of the general statutes is 1
2027 repealed and the following is substituted in lieu thereof (Effective July 1, 2
2128 2021): 3
2229 (a) To the extent permissible by federal law, the Commissioner of 4
2330 Social Services shall disregard any federal [Aid and Attendance] 5
24-pension benefits administered by the United States Department of 6
25-Veterans Affairs and granted to a veteran or the surviving spouse of 7
26-such veteran when determining income eligibility for the state's 8
27-Medicare savings, medical assistance and energy assistance programs 9
28-administered under section 17b-2. As used in this subsection, "veteran" 10
29-means any person (1) honorably discharged from, or released under 11
30-honorable conditions from active service in, the armed forces, as defined 12
31-in section 27-103, or (2) with a qualifying condition, as defined in said 13
32-section, who has received a discharge other than bad conduct or 14
33-dishonorable from active service in the armed forces. 15
34-Sec. 2. Subsection (a) of section 17b-104 of the general statutes is 16
35-repealed and the following is substituted in lieu thereof (Effective July 1, 17
36-2021): 18 Substitute Bill No. 917
31+pension benefits granted to a veteran or the surviving spouse of such 6
32+veteran when determining income eligibility for the state's Medicare 7
33+savings, medical assistance and energy assistance programs 8
34+administered under section 17b-2. As used in this subsection, "veteran" 9
35+means any person (1) honorably discharged from, or released under 10
36+honorable conditions from active service in, the armed forces, as defined 11
37+in section 27-103, or (2) with a qualifying condition, as defined in said 12
38+section, who has received a discharge other than bad conduct or 13
39+dishonorable from active service in the armed forces. 14
40+Sec. 2. Subsection (a) of section 17b-104 of the general statutes is 15 Raised Bill No. 917
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43-(a) The Commissioner of Social Services shall administer the program 19
44-of state supplementation to the Supplemental Security Income Program 20
45-provided for by the Social Security Act and state law. The commissioner 21
46-may delegate any powers and authority to any deputy, assistant, 22
47-investigator or supervisor, who shall have, within the scope of the 23
48-power and authority so delegated, all of the power and authority of the 24
49-Commissioner of Social Services. The commissioner shall establish a 25
50-standard of need based on the cost of living in this state for the 26
51-temporary family assistance program and the state-administered 27
52-general assistance program. The commissioner shall make a 28
53-reinvestigation, at least every twelve months, of all cases receiving aid 29
54-from the state, except that such reinvestigation may be conducted every 30
55-twenty-four months for recipients of assistance to the elderly or disabled 31
56-with stable circumstances, and shall maintain all case records of the 32
57-several programs administered by the Department of Social Services so 33
58-that such records show, at all times, full information with respect to 34
59-eligibility of the applicant or recipient. In the determination of need 35
60-under any public assistance program, such income or earnings shall be 36
61-disregarded as federal law requires, and such income or earnings may 37
62-be disregarded as federal law permits. In determining eligibility, the 38
63-commissioner shall disregard from income [Aid and Attendance] any 39
64-federal pension benefits administered by the United States Department 40
65-of Veterans Affairs and granted to a veteran, as defined under section 41
66-27-103, or the surviving spouse of such veteran. The commissioner shall 42
67-encourage and promulgate such incentive earning programs as are 43
68-permitted by federal law and regulations. 44
69-Sec. 3. Subsection (c) of section 17b-191 of the general statutes is 45
70-repealed and the following is substituted in lieu thereof (Effective July 1, 46
71-2021): 47
72-(c) To be eligible for cash assistance under the program, a person shall 48
73-(1) be (A) eighteen years of age or older; (B) a minor found by a court to 49
74-be emancipated pursuant to section 46b-150; or (C) under eighteen years 50
75-of age and the commissioner determines good cause for such person's 51 Substitute Bill No. 917
44+LCO No. 3370 2 of 7
45+
46+repealed and the following is substituted in lieu thereof (Effective July 1, 16
47+2021): 17
48+(a) The Commissioner of Social Services shall administer the program 18
49+of state supplementation to the Supplemental Security Income Program 19
50+provided for by the Social Security Act and state law. The commissioner 20
51+may delegate any powers and authority to any deputy, assistant, 21
52+investigator or supervisor, who shall have, within the scope of the 22
53+power and authority so delegated, all of the power and authority of the 23
54+Commissioner of Social Services. The commissioner shall establish a 24
55+standard of need based on the cost of living in this state for the 25
56+temporary family assistance program and the state-administered 26
57+general assistance program. The commissioner shall make a 27
58+reinvestigation, at least every twelve months, of all cases receiving aid 28
59+from the state, except that such reinvestigation may be conducted every 29
60+twenty-four months for recipients of assistance to the elderly or disabled 30
61+with stable circumstances, and shall maintain all case records of the 31
62+several programs administered by the Department of Social Services so 32
63+that such records show, at all times, full information with respect to 33
64+eligibility of the applicant or recipient. In the determination of need 34
65+under any public assistance program, such income or earnings shall be 35
66+disregarded as federal law requires, and such income or earnings may 36
67+be disregarded as federal law permits. In determining eligibility, the 37
68+commissioner shall disregard from income [Aid and Attendance] any 38
69+federal pension benefits granted to a veteran, as defined under section 39
70+27-103, or the surviving spouse of such veteran. The commissioner shall 40
71+encourage and promulgate such incentive earning programs as are 41
72+permitted by federal law and regulations. 42
73+Sec. 3. Subsection (c) of section 17b-191 of the general statutes is 43
74+repealed and the following is substituted in lieu thereof (Effective July 1, 44
75+2021): 45
76+(c) To be eligible for cash assistance under the program, a person shall 46
77+(1) be (A) eighteen years of age or older; (B) a minor found by a court to 47
78+be emancipated pursuant to section 46b-150; or (C) under eighteen years 48 Raised Bill No. 917
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82-eligibility, and (2) not have assets exceeding two hundred fifty dollars 52
83-or, if such person is married, such person and his or her spouse shall not 53
84-have assets exceeding five hundred dollars. In determining eligibility, 54
85-the commissioner shall not consider as income [Aid and Attendance] 55
86-any federal pension benefits administered by the United States 56
87-Department of Veterans Affairs and granted to a veteran, as defined in 57
88-section 27-103, or the surviving spouse of such veteran. No person who 58
89-is a substance abuser and refuses or fails to enter available, appropriate 59
90-treatment shall be eligible for cash assistance under the program until 60
91-such person enters treatment. No person whose benefits from the 61
92-temporary family assistance program have terminated as a result of 62
93-time-limited benefits or for failure to comply with a program 63
94-requirement shall be eligible for cash assistance under the program. 64
95-Sec. 4. Section 17b-256f of the general statutes is repealed and the 65
96-following is substituted in lieu thereof (Effective July 1, 2021): 66
97-The Commissioner of Social Services shall increase income disregards 67
98-used to determine eligibility by the Department of Social Services for the 68
99-federal Qualified Medicare Beneficiary, the Specified Low-Income 69
100-Medicare Beneficiary and the Qualifying Individual programs, 70
101-administered in accordance with the provisions of 42 USC 1396d(p), by 71
102-such amounts that shall result in persons with income that is (1) less 72
103-than two hundred eleven per cent of the federal poverty level qualifying 73
104-for the Qualified Medicare Beneficiary program, (2) at or above two 74
105-hundred eleven per cent of the federal poverty level but less than two 75
106-hundred thirty-one per cent of the federal poverty level qualifying for 76
107-the Specified Low-Income Medicare Beneficiary program, and (3) at or 77
108-above two hundred thirty-one per cent of the federal poverty level but 78
109-less than two hundred forty-six per cent of the federal poverty level 79
110-qualifying for the Qualifying Individual program. The commissioner 80
111-shall not apply an asset test for eligibility under the Medicare Savings 81
112-Program. The commissioner shall not consider as income [Aid and 82
113-Attendance] any federal pension benefits administered by the United 83
114-States Department of Veterans Affairs and granted to a veteran, as 84 Substitute Bill No. 917
82+LCO No. 3370 3 of 7
83+
84+of age and the commissioner determines good cause for such person's 49
85+eligibility, and (2) not have assets exceeding two hundred fifty dollars 50
86+or, if such person is married, such person and his or her spouse shall not 51
87+have assets exceeding five hundred dollars. In determining eligibility, 52
88+the commissioner shall not consider as income [Aid and Attendance] 53
89+any federal pension benefits granted to a veteran, as defined in section 54
90+27-103, or the surviving spouse of such veteran. No person who is a 55
91+substance abuser and refuses or fails to enter available, appropriate 56
92+treatment shall be eligible for cash assistance under the program until 57
93+such person enters treatment. No person whose benefits from the 58
94+temporary family assistance program have terminated as a result of 59
95+time-limited benefits or for failure to comply with a program 60
96+requirement shall be eligible for cash assistance under the program. 61
97+Sec. 4. Section 17b-256f of the general statutes is repealed and the 62
98+following is substituted in lieu thereof (Effective July 1, 2021): 63
99+The Commissioner of Social Services shall increase income disregards 64
100+used to determine eligibility by the Department of Social Services for the 65
101+federal Qualified Medicare Beneficiary, the Specified Low-Income 66
102+Medicare Beneficiary and the Qualifying Individual programs, 67
103+administered in accordance with the provisions of 42 USC 1396d(p), by 68
104+such amounts that shall result in persons with income that is (1) less 69
105+than two hundred eleven per cent of the federal poverty level qualifying 70
106+for the Qualified Medicare Beneficiary program, (2) at or above two 71
107+hundred eleven per cent of the federal poverty level but less than two 72
108+hundred thirty-one per cent of the federal poverty level qualifying for 73
109+the Specified Low-Income Medicare Beneficiary program, and (3) at or 74
110+above two hundred thirty-one per cent of the federal poverty level but 75
111+less than two hundred forty-six per cent of the federal poverty level 76
112+qualifying for the Qualifying Individual program. The commissioner 77
113+shall not apply an asset test for eligibility under the Medicare Savings 78
114+Program. The commissioner shall not consider as income [Aid and 79
115+Attendance] any federal pension benefits granted to a veteran, as 80
116+defined in section 27-103, or the surviving spouse of such veteran. The 81
117+Commissioner of Social Services, pursuant to section 17b-10, may 82 Raised Bill No. 917
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121-defined in section 27-103, or the surviving spouse of such veteran. The 85
122-Commissioner of Social Services, pursuant to section 17b-10, may 86
123-implement policies and procedures to administer the provisions of this 87
124-section while in the process of adopting such policies and procedures in 88
125-regulation form, provided the commissioner prints notice of the intent 89
126-to adopt the regulations on the department's Internet web site and the 90
127-eRegulations System not later than twenty days after the date of 91
128-implementation. Such policies and procedures shall be valid until the 92
129-time final regulations are adopted. 93
130-Sec. 5. Subsection (a) of section 17b-261 of the general statutes is 94
131-repealed and the following is substituted in lieu thereof (Effective July 1, 95
132-2021): 96
133-(a) Medical assistance shall be provided for any otherwise eligible 97
134-person whose income, including any available support from legally 98
135-liable relatives and the income of the person's spouse or dependent 99
136-child, is not more than one hundred forty-three per cent, pending 100
137-approval of a federal waiver applied for pursuant to subsection (e) of 101
138-this section, of the benefit amount paid to a person with no income 102
139-under the temporary family assistance program in the appropriate 103
140-region of residence and if such person is an institutionalized individual 104
141-as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 105
142-and has not made an assignment or transfer or other disposition of 106
143-property for less than fair market value for the purpose of establishing 107
144-eligibility for benefits or assistance under this section. Any such 108
145-disposition shall be treated in accordance with Section 1917(c) of the 109
146-Social Security Act, 42 USC 1396p(c). Any disposition of property made 110
147-on behalf of an applicant or recipient or the spouse of an applicant or 111
148-recipient by a guardian, conservator, person authorized to make such 112
149-disposition pursuant to a power of attorney or other person so 113
150-authorized by law shall be attributed to such applicant, recipient or 114
151-spouse. A disposition of property ordered by a court shall be evaluated 115
152-in accordance with the standards applied to any other such disposition 116
153-for the purpose of determining eligibility. The commissioner shall 117 Substitute Bill No. 917
121+LCO No. 3370 4 of 7
122+
123+implement policies and procedures to administer the provisions of this 83
124+section while in the process of adopting such policies and procedures in 84
125+regulation form, provided the commissioner prints notice of the intent 85
126+to adopt the regulations on the department's Internet web site and the 86
127+eRegulations System not later than twenty days after the date of 87
128+implementation. Such policies and procedures shall be valid until the 88
129+time final regulations are adopted. 89
130+Sec. 5. Subsection (a) of section 17b-261 of the general statutes is 90
131+repealed and the following is substituted in lieu thereof (Effective July 1, 91
132+2021): 92
133+(a) Medical assistance shall be provided for any otherwise eligible 93
134+person whose income, including any available support from legally 94
135+liable relatives and the income of the person's spouse or dependent 95
136+child, is not more than one hundred forty-three per cent, pending 96
137+approval of a federal waiver applied for pursuant to subsection (e) of 97
138+this section, of the benefit amount paid to a person with no income 98
139+under the temporary family assistance program in the appropriate 99
140+region of residence and if such person is an institutionalized individual 100
141+as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 101
142+and has not made an assignment or transfer or other disposition of 102
143+property for less than fair market value for the purpose of establishing 103
144+eligibility for benefits or assistance under this section. Any such 104
145+disposition shall be treated in accordance with Section 1917(c) of the 105
146+Social Security Act, 42 USC 1396p(c). Any disposition of property made 106
147+on behalf of an applicant or recipient or the spouse of an applicant or 107
148+recipient by a guardian, conservator, person authorized to make such 108
149+disposition pursuant to a power of attorney or other person so 109
150+authorized by law shall be attributed to such applicant, recipient or 110
151+spouse. A disposition of property ordered by a court shall be evaluated 111
152+in accordance with the standards applied to any other such disposition 112
153+for the purpose of determining eligibility. The commissioner shall 113
154+establish the standards for eligibility for medical assistance at one 114
155+hundred forty-three per cent of the benefit amount paid to a household 115
156+of equal size with no income under the temporary family assistance 116 Raised Bill No. 917
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160-establish the standards for eligibility for medical assistance at one 118
161-hundred forty-three per cent of the benefit amount paid to a household 119
162-of equal size with no income under the temporary family assistance 120
163-program in the appropriate region of residence. In determining 121
164-eligibility, the commissioner shall not consider as income [Aid and 122
165-Attendance] any federal pension benefits administered by the United 123
166-States Department of Veterans Affairs and granted to a veteran, as 124
167-defined in section 27-103, or the surviving spouse of such veteran. 125
168-Except as provided in section 17b-277 and section 17b-292, the medical 126
169-assistance program shall provide coverage to persons under the age of 127
170-nineteen with household income up to one hundred ninety-six per cent 128
171-of the federal poverty level without an asset limit and to persons under 129
172-the age of nineteen, who qualify for coverage under Section 1931 of the 130
173-Social Security Act, with household income not exceeding one hundred 131
174-ninety-six per cent of the federal poverty level without an asset limit, 132
175-and their parents and needy caretaker relatives, who qualify for 133
176-coverage under Section 1931 of the Social Security Act, with household 134
177-income not exceeding one hundred fifty-five per cent of the federal 135
178-poverty level without an asset limit. Such levels shall be based on the 136
179-regional differences in such benefit amount, if applicable, unless such 137
180-levels based on regional differences are not in conformance with federal 138
181-law. Any income in excess of the applicable amounts shall be applied as 139
182-may be required by said federal law, and assistance shall be granted for 140
183-the balance of the cost of authorized medical assistance. The 141
184-Commissioner of Social Services shall provide applicants for assistance 142
185-under this section, at the time of application, with a written statement 143
186-advising them of (1) the effect of an assignment or transfer or other 144
187-disposition of property on eligibility for benefits or assistance, (2) the 145
188-effect that having income that exceeds the limits prescribed in this 146
189-subsection will have with respect to program eligibility, and (3) the 147
190-availability of, and eligibility for, services provided by the Nurturing 148
191-Families Network established pursuant to section 17b-751b. For 149
192-coverage dates on or after January 1, 2014, the department shall use the 150
193-modified adjusted gross income financial eligibility rules set forth in 151
194-Section 1902(e)(14) of the Social Security Act and the implementing 152 Substitute Bill No. 917
160+LCO No. 3370 5 of 7
161+
162+program in the appropriate region of residence. In determining 117
163+eligibility, the commissioner shall not consider as income [Aid and 118
164+Attendance] any federal pension benefits granted to a veteran, as 119
165+defined in section 27-103, or the surviving spouse of such veteran. 120
166+Except as provided in section 17b-277 and section 17b-292, the medical 121
167+assistance program shall provide coverage to persons under the age of 122
168+nineteen with household income up to one hundred ninety-six per cent 123
169+of the federal poverty level without an asset limit and to persons under 124
170+the age of nineteen, who qualify for coverage under Section 1931 of the 125
171+Social Security Act, with household income not exceeding one hundred 126
172+ninety-six per cent of the federal poverty level without an asset limit, 127
173+and their parents and needy caretaker relatives, who qualify for 128
174+coverage under Section 1931 of the Social Security Act, with household 129
175+income not exceeding one hundred fifty-five per cent of the federal 130
176+poverty level without an asset limit. Such levels shall be based on the 131
177+regional differences in such benefit amount, if applicable, unless such 132
178+levels based on regional differences are not in conformance with federal 133
179+law. Any income in excess of the applicable amounts shall be applied as 134
180+may be required by said federal law, and assistance shall be granted for 135
181+the balance of the cost of authorized medical assistance. The 136
182+Commissioner of Social Services shall provide applicants for assistance 137
183+under this section, at the time of application, with a written statement 138
184+advising them of (1) the effect of an assignment or transfer or other 139
185+disposition of property on eligibility for benefits or assistance, (2) the 140
186+effect that having income that exceeds the limits prescribed in this 141
187+subsection will have with respect to program eligibility, and (3) the 142
188+availability of, and eligibility for, services provided by the Nurturing 143
189+Families Network established pursuant to section 17b-751b. For 144
190+coverage dates on or after January 1, 2014, the department shall use the 145
191+modified adjusted gross income financial eligibility rules set forth in 146
192+Section 1902(e)(14) of the Social Security Act and the implementing 147
193+regulations to determine eligibility for HUSKY A, HUSKY B and 148
194+HUSKY D applicants, as defined in section 17b-290. Persons who are 149
195+determined ineligible for assistance pursuant to this section shall be 150
196+provided a written statement notifying such persons of their ineligibility 151 Raised Bill No. 917
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201-regulations to determine eligibility for HUSKY A, HUSKY B and 153
202-HUSKY D applicants, as defined in section 17b-290. Persons who are 154
203-determined ineligible for assistance pursuant to this section shall be 155
204-provided a written statement notifying such persons of their ineligibility 156
205-and advising such persons of their potential eligibility for one of the 157
206-other insurance affordability programs as defined in 42 CFR 435.4. 158
207-Sec. 6. Subsection (l) of section 17b-342 of the general statutes is 159
208-repealed and the following is substituted in lieu thereof (Effective July 1, 160
209-2021): 161
210-(l) In determining eligibility for the program described in this section, 162
211-the commissioner shall not consider as income [Aid and Attendance] 163
212-any federal pension benefits administered by the United States 164
213-Department of Veterans Affairs and granted to a veteran, as defined in 165
214-section 27-103, or the surviving spouse of such veteran. 166
215-Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 167
216-repealed and the following is substituted in lieu thereof (Effective July 1, 168
217-2021): 169
218-(a) The Commissioner of Social Services shall administer a state-170
219-appropriated fuel assistance program to provide, within available 171
220-appropriations, fuel assistance to elderly and disabled persons whose 172
221-household gross income is above the income eligibility guidelines for 173
222-the Connecticut energy assistance program but does not exceed two 174
223-hundred per cent of federal poverty guidelines. The income eligibility 175
224-guidelines for the state-appropriated fuel assistance program shall be 176
225-determined, annually, by the Commissioner of Social Services, in 177
226-conjunction with the Secretary of the Office of Policy and Management. 178
227-In determining eligibility, the commissioner shall not consider as 179
228-income [Aid and Attendance] any federal pension benefits administered 180
229-by the United States Department of Veterans Affairs and granted to a 181
230-veteran, as defined under section 27-103, or the surviving spouse of such 182
231-veteran. The commissioner may adopt regulations, in accordance with 183
232-the provisions of chapter 54, to implement the provisions of this 184 Substitute Bill No. 917
200+LCO No. 3370 6 of 7
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239-subsection. 185
202+and advising such persons of their potential eligibility for one of the 152
203+other insurance affordability programs as defined in 42 CFR 435.4. 153
204+Sec. 6. Subsection (l) of section 17b-342 of the general statutes is 154
205+repealed and the following is substituted in lieu thereof (Effective July 1, 155
206+2021): 156
207+(l) In determining eligibility for the program described in this section, 157
208+the commissioner shall not consider as income [Aid and Attendance] 158
209+any federal pension benefits granted to a veteran, as defined in section 159
210+27-103, or the surviving spouse of such veteran. 160
211+Sec. 7. Subsection (a) of section 17b-801 of the general statutes is 161
212+repealed and the following is substituted in lieu thereof (Effective July 1, 162
213+2021): 163
214+(a) The Commissioner of Social Services shall administer a state-164
215+appropriated fuel assistance program to provide, within available 165
216+appropriations, fuel assistance to elderly and disabled persons whose 166
217+household gross income is above the income eligibility guidelines for 167
218+the Connecticut energy assistance program but does not exceed two 168
219+hundred per cent of federal poverty guidelines. The income eligibility 169
220+guidelines for the state-appropriated fuel assistance program shall be 170
221+determined, annually, by the Commissioner of Social Services, in 171
222+conjunction with the Secretary of the Office of Policy and Management. 172
223+In determining eligibility, the commissioner shall not consider as 173
224+income [Aid and Attendance] any federal pension benefits granted to a 174
225+veteran, as defined under section 27-103, or the surviving spouse of such 175
226+veteran. The commissioner may adopt regulations, in accordance with 176
227+the provisions of chapter 54, to implement the provisions of this 177
228+subsection. 178
240229 This act shall take effect as follows and shall amend the following
241230 sections:
242231
243232 Section 1 July 1, 2021 17b-28i(a)
244233 Sec. 2 July 1, 2021 17b-104(a)
245-Sec. 3 July 1, 2021 17b-191(c)
234+Sec. 3 July 1, 2021 17b-191(c) Raised Bill No. 917
235+
236+
237+
238+LCO No. 3370 7 of 7
239+
246240 Sec. 4 July 1, 2021 17b-256f
247241 Sec. 5 July 1, 2021 17b-261(a)
248242 Sec. 6 July 1, 2021 17b-342(l)
249243 Sec. 7 July 1, 2021 17b-801(a)
250244
251-VA Joint Favorable Subst.
245+Statement of Purpose:
246+To exclude all veterans' federal pension benefits from income when
247+determining eligibility for public assistance programs.
248+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
249+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
250+underlined.]
252251