Disregard of Monetary Allowances for Certain Children of Vietnam War Veterans
THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2003-5, DATED 5/5/03
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.
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