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MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 200A – Income: ABD Categories Page |52 Effective Month: July 2025 2. Surviving Spouse Pension Payments • Surviving spouse improved death pension payments – When a surviving spouse is eligible for a death pension, he or she will receive benefits under the VA surviving spouse’s improved death pension program established on January 1, 1979. The VA provides this pension to low- income surviving spouses and unmarried children of deceased veterans with wartime service. To be eligible, spouses must not have remarried. For children to be eligible they must be under age 18 or under age 23 if attending a VA-approved school or determined to be permanently incapable of self-support because of a disability before age 18. • Surviving spouse protected death pension payments – Prior to the VA surviving spouse improved death pension program, the previous pension programs were called Old Law and Section 306 death pensions. These pensions were phased out with the improved pension program in 01/01/1979; however, spouses could elect to continue to receive a protected pension payment at the rate received when the program was phased out with no cost-of-living adjustments to the pension payments. Medicaid applicants in receipt of old law pension payments may apply for improved surviving spouse pension benefits. • NOTE: Divorced spouses and remarried spouses do not qualify for any VA benefits as a former spouse of a veteran. Do not refer divorced or remarried spouses of veterans to apply for VA benefits. 3. Surviving Child Improved Death Pension Payments The VA provides pensions to low-income, unmarried surviving children of wartime veterans who are independent of the veteran’s surviving spouse (e.g., the surviving child is no longer in the custody of the surviving parent, or the surviving parent is deceased). An independent child receives VA benefits on his or her own award. The independent child must be under age 18 or under age 23 if attending a VA-approved school or determined to be permanently incapable of self-support because of a disability before age 18.