§ 1722. Determination of inability to defray necessary expenses; income thresholds
(a)
For the purposes of section
1710
(a)(2)(G) of this title, a veteran shall be considered to be unable to defray the expenses of necessary care if—
(b)
(c)
Effective on January 1 of each year, the amounts in effect under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under section
5312
(a) of this title during the preceding calendar year.
(d)
(1)
Notwithstanding the attributable income of a veteran, the Secretary 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 that for purposes of subsection (a)(3) of this section a veteran’s attributable income is not greater than the amount determined under subsection (b) of this section.
(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
1522 of this title.
(e)
(1)
In order to avoid a hardship to a veteran described in paragraph (2) of this subsection, the Secretary may deem the veteran to have an attributable income during the previous year not greater than the amount determined under subsection (b) of this section.
(f)
For purposes of this section:
(1)
The term “attributable income” means the income of a veteran for the previous year determined in the same manner as the manner in which a determination is made of the total amount of income by which the rate of pension for such veteran under section
1521 of this title would be reduced if such veteran were eligible for pension under that section.
(g)
For the purposes of section
1724
(c) of this title, the fact that a veteran is—
(1)
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.);
shall be accepted as sufficient evidence of such veteran’s inability to defray necessary expenses.