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A. This type of income is defined as follows:
1. Aged, blind and disabled individuals converted from state welfare rolls are deemed to have filed for SSI beginning January 1, 1974. These converted recipients receive SSI and a Mandatory State Supplement to maintain the 12/73 income levels of former assistance recipients and protect them from suffering a loss of income under the SSI Program. In addition, certain recipients may receive MSS without an SSI payment.
2. The Social Security Administration (SSA) administers MSS payments in Mississippi. MSS payments are included with SSI benefits each month or paid separately if the individual does not receive SSI.
B. This type of income is treated as follows:
1. MSS payments are treated as Income Based on Need (IBON) for income purposes. Note: Currently, there are no remaining state supplement cases in the state.
Source: Social Security Act §1902 (r)(2); 42 CFR § 435.601(b) (Rev 1994).
Rule 7.5: Black Lung (BL) Benefits.
A. This type of income is defined as follows:
1. Black Lung benefits are paid to miners and their survivors under the provisions of the Federal Mine Safety and Health Act (FMSHA).
2. Under the Black Lung Consolidation of Administrative Responsibilities Act, benefits under Part B and Part C of the FMSHA are paid by the Department of Labor (DOL).
B. This type of income is treated as follows:
1. BL benefit payments are counted as unearned income.
a) Both Part B and Part C BL benefits are subject to offsets (like Workers’ Compensation) and can be reduced due to the recovery of an overpayment
1) The amount of the BL benefit to charge as income is the amount paid after application of an offset (like Workers’ Compensation), but before the collection of any obligations of the recipient.
b) In addition, Part C benefits may be reduced because of liens imposed by other federal agencies such as the Internal Revenue Service (IRS).
1) The amount deducted from a Part C BL benefit because of garnishment (such as liens imposed by other federal agencies) is counted as unearned income.