Low Income Home Energy Assistance Program
Division of Energy Assistance/OCS/ACF

Disregard of Monetary Allowances for Certain Children of Vietnam War Veterans

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THIS CONTAINS INFORMATION ISSUED BY THE U.S. ADMINISTRATION FOR
CHILDREN AND FAMILIES IN LIHEAP INFORMATION MEMORANDUM TRANSMITTAL
NO. LIHEAP-IM-2003-5, DATED 5/5/03

TO:            LOW INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP)
               GRANTEES AND OTHER INTERESTED PARTIES

SUBJECT:       Disregard of Monetary Allowances for Certain
               Children of Vietnam War Veterans

RELATED
REFERENCES:    The Low Income Home Energy Assistance Act, Title
               XXVI of the Omnibus Reconciliation Act of 1981,
               Public Law 97-35, as amended; 38 U.S.C. 1823(c)

PURPOSE:       To inform grantees and other interested
               parties of the existence of a statute requiring
               the disregard of certain benefits paid by the
               Department of Veterans Affairs in determining
               eligibility for, and the amount of, benefits under
               the Low Income Home Energy Assistance Program
               (LIHEAP).

CONTENT:       Pursuant to sections 421 and 422(c) of Pub.
               L. 104-204, effective October 1, 1997, title 38,
               United States Code, was amended by the addition
               of a new chapter 18, under which certain VA
               benefits and services are provided to children of
               Vietnam veterans (including adult children) who
               were born with the congenital defect spina bifida.
               A subsequent amendment to chapter 18 made by
               section 401 of Pub. L. 106-419, effective December
               1, 2001, provides VA benefits and services to
               children of women Vietnam veterans born with
               certain other birth defects.  Included among the
               benefits provided for these children is a monthly
               monetary allowance paid at a rate that is based on
               the child's level of disability.  Section 1823(c)
               of title 38, United States Code, states that
               "[n]otwithstanding any other provision of law, a
               monetary allowance paid an individual under
               [chapter 18] shall not be considered as income or
               resources in determining eligibility for, or the
               amount of benefits under, any Federal or federally
               assisted program."  The disregard should be
               applied in determining LIHEAP eligibility and the
               amount of benefits.

INQUIRIES TO:  Inquiries should be directed to the local office
               of the Department of Veterans Affairs.

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URL: http://www.acf.hhs.gov/programs/liheap
Posted on 5/5/03