10/18/2018
Attention all Veterans, spouses of Veterans, Caregivers, Anyone Working with Veterans over the age of 65:
Today the VA Pension (Aid and Attendance) eligibility rules changed dramatically. If you are a Veteran or work with Veterans, here are a few of the new rules regarding eligibility.
1. Net Worth: From this point going forward, the allowable net worth of a Veteran is set at $123,600. This includes not only assets, but also one year’s worth of income. This number will increase annually as a cost of living increase. If the Veteran or surviving spouse of a Veteran has net worth over this value, he/she will not qualify for benefits. The personal residence and personal belongings are not included in the net worth calculation. However, there are some exceptions to this rule.
2. Lookback and penalty period: There was no lookback period for asset protection planning prior to October 18. Now, there is a lookback period of 36 months. Any “covered asset” that is transferred during the 36-month period immediately preceding the pension application will result in ineligibility for a period of time which varies depending on the circumstances, not to exceed 5 years. Only transfers on or after October 18, 2018 will be subject to this lookback.
3. Annuities may be penalized: If the annuity can be liquidated, then it is counted as an asset. If it cannot be liquidated, then distributions from the annuity are considered as income. If it was purchased during the look-back period, then a penalty will be imposed for the amount the annuity was purchased for. If it was purchased prior to today, it will NOT be subject to the penalty, but payments from it will be counted as income.
4. Additional Medical Expense Deductions: The new rules added Instrumental Activities of Daily Living (IADLs) as qualifying expenses for care that can be deducted from income to provide for maximum benefits.
There are ways to preplan to become eligible in 36 months vs. 5 years. It is important that you talk to or refer your client to a qualified accredited attorney in their local area to look at all the options and resources available.