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VIRGINIA DEPARTMENT

OF SOCIAL SERVICES ENERGY ASSISTANCE

11/14 VOLUME IX, CHAPTER B, PAGE 8

payments to children of female Vietnam veterans who are born with certain birth defects (P.L. 104-204 and P.L. 106-419).

c. Income Disregard/Medical Deduction

$50.00 per elderly or disabled individual is deducted from the total gross income of the household for out-of-pocket medical expenses. This medical deduction is considered a programmatic income disregard and is applicable only to the EAP. The system calculates and deducts the appropriate amount based on the number entered in the medical deduction field. An elderly person is 60 years of age or older. A disabled individual is a person who is receiving Social Security disability, Railroad Retirement disability, Supplemental Security Income as disabled, 100% Veterans Administration disability benefits, or who has been certified as permanently and totally disabled for Medicaid purposes. If an individual is both aged and disabled, only one $50 deduction will be given for that individual.

7. CITIZENSHIP and ALIEN STATUS

Federal law requires eligible Energy Assistance household members to be either a United States citizen or an alien in a qualified immigration status. An individual is not counted in the Energy Assistance household size, if he/she does not meet either of these criteria. However, his/her income is counted in the Energy Assistance household's total income. Alien status must be verified. See Chapter C.5.c. for documentation of alien statuses.

Eligible Energy Assistance household members must meet one of the following statuses.

a. Citizen - An individual is a United States (U.S.) citizen if he/she is:

1) born in the U.S., regardless of the citizenship of his/her parents; or

2) born outside of the U.S. of U.S. citizen parents (the mother if born out of wedlock); or

3) born outside the U.S. of alien parents and has been naturalized as a U.S. citizen. A child born outside the U.S. of alien parents automatically becomes a citizen after birth if his/her parents (the mother if born out of wedlock) are naturalized before he becomes age 16.

b. "Qualified" Alien - The Qualified alien statuses are listed below.

1) Lawful Permanent Resident - An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA).

2) Asylee - An alien granted asylum under Section 208 of the INA.

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