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both spouses and no such interest is specified, one half (1/2) of the joint interest is considered available to each spouse. 3. Rebutting Income Ownership – The provisions regarding non-trust property may be superseded to the extent that an LTSS beneficiary can establish, by a preponderance of the evidence that the ownership interests in income are other than as provided in this Part. B. Recalculation of Income. The first (1st) step in the PETI process is the determination of gross income of the LTSS beneficiary by adding all earned and unearned income without including any disregards or exclusions that apply for eligibility purposes. Once gross income has been established, Federal law mandates that certain types of income must be excluded from gross income in the PETI calculation. They are as follows: 1. German reparation payments, Austrian social insurance payments, and Netherlands reparation payments, in accordance with the Nazi Persecution Victims Eligibility Act, Pub. Law 103-286 (20 C.F.R. § 416.1236(a)(18)); or provisions of the nationwide class action lawsuit, Bondy v. Sullivan (1991) involving Austrian General Social Insurance Act, paragraphs 500 through 506 2. Japanese and Aleutian restitution payments, under the provisions of § 105 of Pub. Law 100-383 (50a U.S.C. § 1989b et seq.) by persons of Japanese ancestry 3. Agent Orange settlement payments under the provisions of the Agent Orange Compensation Exclusion Act, Pub. Law 101-201 (42 C.F.R. § 416.1236) received on or after January 1, 1989 4. Radiation exposure compensation payments under the provisions of the Radiation Exposure Compensation Act, Pub. Law 101-426 (42 U.S.C. § 2210) 5. U.S. Veterans Administration pensions of up to the amount of ninety dollars ($90.00) per month for LTSS beneficiaries residing in a health care institution (NF, ICF-ID, H). Applies to surviving spouses of veterans requesting or receiving Medicaid LTSS 6. U.S. Veteran’s Aid and Attendance (A&A) and housebound allowances (VHA) are reduced to and included in the ninety dollar ($90.00) exclusion indicated in § 8.5(B)(5) above when residing in a health care institution. When the LTSS beneficiary is residing at home or in a community-based LTSS arrangement, the portion of the A&A or VHA payment allocated by the VA for room and board is excluded. The pension portion of the payment is included in the calculation of gross income and is considered when determining beneficiary liability unless specifically allocated for a spouse/dependents. See: