Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 13 - Blind Pension › Section 13 CSR 40-13.010 - Scope and Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the definition of terms
				  which are applicable to the blind pension program.
(1) Scope: This rule establishes the
				definitions and terms which are applicable to blind pension payments and
				eligibility for blind pension (state funded) MO HealthNet pursuant to RSMo.
				208.151.1(3), notwithstanding any other provision of the Code of State
				Regulations to the contrary. This rule applies to the blind pension program and
				does not apply to the Supplemental Aid to the Blind (SAB) program, unless
				stated otherwise.
(2) Definitions.
(A) "Adjusted Gross Income" means the gross
				income less any health insurance premiums and court ordered child support
				payments made by the sighted spouse.
(B) "Applicant" means the adult that applied
				for blind pension benefits whose signature, or whose signature as written by
				the adult's guardian, conservator, or attorney-in-fact, is on the application
				for blind pension.
(C) "Application
				Date" means the day on which the division receives a completed and signed
				application.
(D) "Asset" or
				"Resource" means a liquid resource, personal property, or real property, as
				defined in this rule.
(E)
				"Authorized Representative" means a person or organization designated by the
				participant to act responsibly on the participant's behalf. Notwithstanding any
				other regulations to the contrary, a participant or applicant may appoint an
				authorized representative pursuant to
				13 CSR
				40-2.015.
(F) "Blind." A person is blind if his or her
				vision cannot be corrected to better than five two-hundredths (5/200), in the
				better eye, or if his or her visual field is less than or equal to five (5)
				degrees as tested with five millimeter (5 mm) target on perimeter in the better
				eye, for a period that lasted or is expected to last at least twelve (12)
				months.
(G) "Division" means the
				Family Support Division of the Department of Social Services of the state of
				Missouri.
(H) "Household" or
				"Household Member" means:
1. A person applying
				for, receiving, or appealing an adverse decision in regard to assistance from
				the blind pension program; and
2.
				The spouse of the participant, if the spouse is living with the participant or
				in a dwelling on the same parcel of land as the participant, or is a community
				spouse, as defined in
				13 CSR
				40-2.030, including situations when one (1) spouse is
				away from the home for work, education, or medical purposes, but would
				otherwise be living with the participant.
(I) "Liquid Resource" or "Liquid Asset" means
				cash or other property which can be converted to cash within twenty (20)
				business days. Examples of a liquid resource include, but are not limited to:
1. Money in a checking, savings, money
				market, certificate of deposit, nursing home patient account, or other bank
				account;
2. The cash surrender
				value of a life insurance policy, minus the amount of any lien, loan, accrued
				interest payments, or assigned portion of the policy;
3. Securities, as defined in section
				409.1-101, RSMo,
				including mutual funds and retirement accounts;
4. The cash surrender value of an
				annuity;
5. The income stream of an
				irrevocable annuity, pursuant to section
				208.212,
				RSMo;
6. A burial plan, pre-need
				funeral contract, or personal funeral trust account;
7. A promissory note, mortgage, contract for
				deed, or other loan instrument; or
8. An instrument similar to those identified
				in this subsection that the division has determined to be of value to the
				household.
(J) "Motor
				Vehicle" means any self-propelled vehicle not operated exclusively upon tracks
				or private roads.
(K) "Participant"
				means any individual who has applied for, is receiving, or has been denied
				blind pension benefits or services administered by the division.
(L) "Personal Property" means anything that
				is neither a liquid resource, nor real property. This includes, but is not
				limited to:
1. Household goods and personal
				effects;
2. Farm surpluses,
				livestock, farm or business machinery or equipment;
3. Automobiles, trucks, and similar items;
				or
4. Anything that does not meet
				the definition of a liquid resource or real property.
(M) "Real Property" means land, and any
				interest, buildings, or any permanent structures attached to the land,
				including, but not limited to, mobile homes and trailers.
(N) "Reasonable Support" means the sighted
				spouse's annual income is equal to or greater than five hundred percent (500%)
				of that year's Federal Poverty Limit for the applicant's household size of two
				(as the term "household size" is used when determining Federal Poverty
				Guidelines).
(O) "Residence." In
				order to establish residency, the participant must show physical personal
				presence in the state of Missouri with the intention to remain permanently or
				for an indefinite time, without any fixed or certain purpose to return to a
				former place of abode outside of Missouri. The participant must be a resident
				of Missouri for the continuous twelve (12) months immediately preceding the
				date of application. The division may require documentation to verify Missouri
				residency.
(P) "Sighted Spouse"
				means a person who has vision better than the requirement to receive blind
				pension as defined by 13 CSR 40-13.015, who is married to a recipient of blind
				pension.
(Q) "Trust" is defined
				pursuant to Chapter 456, RSMo.