[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29870]


[[Page Unknown]]

[Federal Register: December 6, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AH02

 

Omnibus Budget Reconciliation Act of 1993

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
adjudication regulations to extend the date concerning limitation of 
pension benefits for veterans and surviving spouses receiving Medicaid-
covered nursing home care. This amendment is necessary to conform the 
regulations to statutory provisions.

EFFECTIVE DATE: This amendment is effective August 10, 1993, the date 
Pub. L. 103-66 was signed into law.

FOR FURTHER INFORMATION CONTACT: Lorna Weston, Consultant, Regulations 
Staff, Compensation and Pension Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 273-7210.

SUPPLEMENTARY INFORMATION: Section 8003 of Pub. L. 101-508 required VA 
to reduce the pension benefits of any veteran having neither spouse nor 
child who receives Medicaid-covered nursing home care to $90 per month. 
These statutory provisions expired September 30, 1992. Section 601 of 
Pub. L. 102-568 reestablished this requirement, effective until 
September 30, 1997, and required an identical reduction in death 
pension payments to surviving spouses having no children who receive 
Medicaid-covered nursing home care. Section 12005 of the Omnibus Budget 
Reconciliation Act of 1993, Pub. L. 103-66, further extends these 
statutory provisions with respect to both veterans and their surviving 
spouses until September 30, 1998. VA accordingly hereby amends 38 CFR 
3.551(i) to reflect this statutory change.
    VA is issuing a final rule to amend 38 CFR 3.551(i) to be 
consistent with the provisions of Pub. L. 103-66. Because this 
amendment merely corresponds to the provisions of section 12005 of Pub. 
L. 103-66, publication as a proposal for public notice and comment is 
unnecessary.
    This regulatory amendment will not have a significant economic 
impact on a substantial number of small entities since it merely 
reflects a statutory amendment.

    The Catalog of Federal Domestic Assistance program numbers are 
64.104 and 64.105.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Handicapped, Health 
care, Pensions, Veterans.

    Approved: November 23, 1994.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 3 is amended 
as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A, continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.


Sec. 3.551  [Amended]

    2. In Sec. 3.551(i), the date ``September 30, 1997'' is revised to 
read ``September 30, 1998''.

[FR Doc. 94-29870 Filed 12-5-94; 8:45 am]
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