130 CMR 520.015
Noncountable Income
The following types of income are not considered in determining the financial eligibility of
the applicant or member:
(A) the income of any individual who is a recipient of EAEDC or SSI;
(B) the portion of the income that is disregarded
(1) for disabled adult children according to 130 CMR 519.004: Disabled Adult Children; and
(2) under the Pickle Amendment according to 130 CMR 519.003: Pickle Amendment Cases;
(C) income-in-kind;
(D) money received from a loan secured by the equity in the home of an individual who is aged
60 or older (reverse mortgage);
Page 520.015
(E) veterans’ aid and attendance benefits, unreimbursed medical expenses, housebound benefits,
enhanced benefits ($90 Veterans’ Administration pension to long-term-care-facility residents,
including veterans and their childless surviving spouses who live in a state veterans' home), or
veterans’ benefits that are based on need and are provided by municipalities to resident veterans;
(F) the amount of the increase due to a social security cost-of-living adjustment (COLA), if the
amount of such increase can be verified, until the subsequent federal-poverty-level adjustment for
applicants and members who are community residents;
(G) retroactive RSDI and SSI benefit payments;
(H) income received by individuals who have verified their membership as an American Indian
or Alaska Native and who are members of an Indian tribe, a tribal organization, or an urban
Indian organization in accordance with federal law that meets one of the following:
(1) distributions from Alaska Native Corporations and Settlement Trusts;
(2) distributions from any property held in trust, subject to federal restrictions, located within
the most recent boundaries of a prior federal reservation, or otherwise under the supervision
of the Secretary of the Interior;
(3) distributions and payments from rents, leases, rights of way, royalties, usage rights, or
natural resource extractions and harvest from
(a) rights of ownership or possession in any lands described in 130 CMR 520.008(K); or
(b) federally protected rights about off-reservation hunting, fishing, gathering, or usage
of natural resources;
(4) distributions resulting from real property ownership interests related to natural resources
and improvements
(a) located on or near a reservation or within the most recent boundaries of a prior
federal reservation; or
(b) resulting from the exercise of federally protected rights relating to such real property
ownership interests;
(5) payments resulting from ownership interests in or usage rights to items that have unique
religious, spiritual, traditional, or cultural significance or rights that support subsistence or
traditional lifestyle according to applicable tribal law or custom;
(6) student financial assistance provided under the Bureau of Indian Affairs education
programs; or
(I) any other income considered noncountable under Title XIX.