Page:United States Statutes at Large Volume 100 Part 1.djvu/413

 PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 377

"(A) the veteran is eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); "(B) the veteran is in receipt of pension under section 521 of this title; or 38 USC 521. "(C) the veteran's attributable income is not greater than the Category A threshold. "(2) For the purposes of section 610(a)(2)(A) of this title, a veteran's income level is described in this paragraph if the veteran's attributable income is not greater than the Category B threshold. "(b) For the purposes of this section: "(1) The Category A threshold— "(A) for the calendar year beginning on January 1, 1986, is— "(i) $15,000 in the case of a veteran with no dependents; and "(ii) $18,000 in the case of a veteran with one dependent, plus $1,000 for each additional dependent; and "(B) for a calendar year beginning after December 31, 1986, is the amount in effect for purposes of this paragraph for the preceding calendar year as adjusted under subsection (c) of this subsection. "(2) The Category B threshold— "(A) for the calendar year beginning on January 1, 1986, is— "(i) $20,000 in the case of a veteran with no dependents; and "(ii) $25,000 in the case of a veteran with one dependent, plus $1,000 for each additional dependent; and "(B) for a calendar year beginning after December 31, 1986, is the amount in effect for purposes of this paragraph for the preceding calendar year as adjusted under subsection (c) of this subsection. "(c) Effective on January 1 of each year, the amounts in effect Effective date. under paragraphs (1) and (2) of subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under section 3112(a) of this title during the preceding calendar year. "(d)(1) Notwithstanding the attributable income of a veteran, the Administrator may refuse to make a determination described in paragraph (2) of this subsection if the corpus of the estate of the veteran is such that under all the circumstances it is reasonable that some part of the corpus of the estate of the veteran be consumed for the veteran's maintenance. "(2) A determination described in this paragraph is a determination— "(A) that for the purposes of subsection (a)(1)(C) of this section a veteran's attributable income is not greater than the Category A threshold; or "(B) that for the purposes of subsection (a)(2) of this section a veteran's attributable income is not greater than the Category B threshold. "(3) For the purposes of paragraph (1) of this subsection, the corpus of the estate of a veteran shall be determined in the same manner as the manner in which determinations are made of the corpus of the estates of persons under section 522 of this title.

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