[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2522-2523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-487]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AH12
Exclusions from Income (RECA Payments)
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs (VA)
adjudication regulations concerning income and net worth exclusions.
The purpose of the rule is to implement legislation excluding from
consideration as countable income and net worth amounts paid to
claimants under the Radiation Exposure Compensation Act (RECA). The
intended effect of this amendment is to have VA regulations conform to
the requirements of that statute.
EFFECTIVE DATE: This amendment is effective October 15, 1990, the date
specified in Pub. L. 101-426.
FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant,
Regulations Staff, Compensation and Pension Service, Veterans Benefits
Administration, 810 Vermont Avenue, NW, Washington, DC 20420, telephone
(202) 273-7210.
SUPPLEMENTARY INFORMATION: Public Law 101-426, the Radiation Exposure
Compensation Act (RECA), was enacted by Congress to compensate
individuals who may have suffered adverse health effects from working
in uranium mines or living downwind of above-ground nuclear tests.
Section 6(h) of that law provides that RECA payments shall not be
included as income or resources for purposes of determining eligibility
for benefits described in section 3803(c)(2)(C) of Title 31, United
States Code. Title 31 U.S.C. 3803(c)(2)(C)(viii) lists benefits under
chapters 11, 13 and 15 of Title 38, United States Code, which governs
payment of VA benefits.
VA administers several income-based benefit programs under which a
claimant's countable income determines the rate of VA benefits payable.
Net worth may also affect eligibility. Those affected by RECA are death
compensation (38 U.S.C. chapter 11), Parents' Dependency and Indemnity
Compensation (38 U.S.C. chapter 13) and the Improved Pension program
(38 U.S.C. chapter 15). Other VA benefits which are income-based,
notably the prior pension programs known as the Section 306 and Old Law
pension programs, are no longer authorized under those chapters of 38
U.S.C. listed in Public Law 101-426.
VA regulations at 38 CFR 3.271 state that payments of any kind from
any source shall be counted as income for purposes of the Improved
Pension program unless specifically excluded under 38 CFR 3.272. 38 CFR
3.261(a) indicates whether various categories of income are included or
excluded when determining eligibility for Parents Dependency and
Indemnity Compensation or pension programs which were in effect prior
to January 1, 1979. It also indicates whether various categories of
income are included or excluded when determining whether a parent
qualifies as a dependent parent for purposes of 38 U.S.C. chapter 11.
38 CFR 3.274 states that Improved Pension shall be denied or
discontinued when the corpus of a claimant's estate is such that it is
reasonable that some of the estate be used for the claimant's
maintenance.
We are amending 38 CFR 3.261, 3.262, and 3.272 to show that RECA
payments are excludable from countable income for Parents' Dependency
and Indemnity Compensation, the Improved Pension program, and in
determining whether a parent is dependent for purposes of 38 U.S.C.
chapter 11. We are amending 38 CFR 3.275 to show that RECA payments are
not to be included in computing an Improved Pension claimant's net
worth. Net worth is not a factor for Parents' Dependency and Indemnity
Compensation. The purpose of this rule is to amend the regulations to
be consistent with the provisions of section 6 of Public Law 101-426.
This final rule is made effective without notice and comment since
it makes changes merely to reflect statutory requirements.
The Secretary certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (RFA), 5 U.S.C.
601-612. This rule will directly affect VA beneficiaries but will not
affect small businesses. Therefore, pursuant to 5 U.S.C. 605(b), this
final regulation is exempt from the initial and final regulatory
flexibility analyses requirements of sections 603 and 604.
The catalog of Federal Domestic Assistance program numbers are
64.104, 64.105, 64.109, and 64.110.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Health care,
Individuals with disabilities, Pensions, Veterans.
Approved: December 22, 1994.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR Part 3 is amended
as follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
1. The authority citation for part 3, subpart A continues to read
as follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
2. In Sec. 3.261, a new paragraph (a)(38) is added to read as
follows:
Sec. 3.261 Character of income; exclusions and estates.
(a) Income
* * * * * *
*
(38) Income received under Section 6
of the
Radiation Exposure Compensation Act Excluded Excluded Included Included 3.262(w)
(Pub. L. 101-426)
* * * * * *
*
3. In Sec. 3.262, paragraph (w) and its authority citation are
added to read as follows:
Sec. 3.262 Evaluation of income.
* * * * *
(w) Radiation Exposure Compensation Act. For the purposes of
parents' dependency and indemnity compensation, there shall be excluded
from income computation payments under Section 6 of the Radiation
Exposure Compensation Act of 1990.
(Authority: 42 U.S.C. 2210 note) [[Page 2523]]
4. In Sec. 3.272, paragraph (s) and its authority citation are
added to read as follows:
Sec. 3.272 Exclusions from income.
* * * * *
(s) Radiation Exposure Compensation Act. Any payment made under
Section 6 of the Radiation Exposure Compensation Act of 1990.
(Authority: 42 U.S.C. 2210 note)
5. In Sec. 3.275, paragraph (h) and its authority citation are
added to read as follows:
Sec. 3.275 Criteria for evaluating net worth.
* * * * *
(h) Radiation Exposure Compensation Act. There shall be excluded
from the corpus of estate or net worth of a claimant any payment made
under Section 6 of the Radiation Exposure Compensation Act of 1990.
(Authority: 42 U.S.C. 2210 note)
[FR Doc. 95-487 Filed 1-9-95; 8:45 am]
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