M21-1 Manual  /  Part XIII, Subpart ii, Chapter 3, Section C

Public Benefit Eligibility for Legal Aliens

M21-1, Part XIII, Subpart ii, Chapter 3, Section C

Overview

In This Section

 This section contains the topic "Assisting Government Agencies in Determining Whether Legal Aliens Are Eligible for Public Benefits."


1. Assisting Government Agencies in Determining Whether Legal Aliens Are Eligible for Public Benefits

Introduction

 This topic contains information on assisting government agencies in determining legal aliens’ eligibility for public benefits, including the
  • provisions of Public Law (PL) 104-93 and PL 105-33
  • Department of Veterans Affairs' (VA’s) role in assisting agencies with eligibility determinations for certain Federal programs
  • development for the purpose of responding to other government agency’s inquiry
  • work credit and authorization to disclose information, and
  • dependency determinations.

Change Date

July 13, 2022

XIII.ii.3.C.1.a. Provisions of PL 104-93 and PL 105-33

Public Law (PL) 104-93 and PL 105-33 limit legal aliens’ eligibility for certain Federal benefits (Supplemental Security Income, food stamps, and Federal, means-tested public benefits) and authorizes states to determine legal aliens’ eligibility for certain Federal benefits (Temporary Assistance to Needy Families, social services block grants, and Medicaid) and state public benefits. Exception: The eligibility limitation referenced in the preceding paragraph does not apply to any alien who is lawfully residing in any State and is
  • on active duty (other than active duty for training) in the armed forces of the U.S.
  • a Veteran, as defined in 38 U.S.C. 101, 1101, or 1301, or as described in 38 U.S.C. 107, who
    • was discharged from the armed forces with service characterized as Honorable (not on account of alienage), and
    • fulfilled the minimum active duty service requirements of 38 U.S.C. 5303A(d)
    • the spouse and/or unmarried child(ren) of the service member or Veteran referenced in the preceding bullets, or
    • the unmarried surviving spouse of the service member or Veteran referenced in the first two bullets of this paragraph, if the marriage fulfills the requirements of 38 U.S.C. 1304.

XIII.ii.3.C.1.b. VA’s Role in Assisting Agencies With Eligibility Determinations for Certain Federal Programs

Agencies responsible for administering the benefit programs described in M21-1, Part XIII, Subpart ii, 3.C.1.a may contact the Department of Veterans Affairs (VA) to verify that a Veteran, who is also a legal alien, The table below describes the
  • circumstances under which government agencies may request verification from VA, and
  • actions VA is responsible for taking upon receipt of such requests.
If ...Then ...
a discharge certificate shows
  • active duty in the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard
  • service characterized as Honorable, and
  • the Veteran either has a minimum of 24 months of continuous active duty or entered on active duty before September 7, 1980
the determination will be made by the agency providing the benefit without referral to VA. Exception: If the minimum active duty requirements of 38 U.S.C. 5303A are at issue, VA will determine if the Veteran had qualifying service.
a discharge certificate shows service characterized as anything other than Honorable the determination will be made by the agency without referral to VA. Note: Under PL 104-193 and PL 105-33, service that is uncharacterized or characterized as General or Under Honorable Conditions does not satisfy eligibility requirements.
a discharge certificate shows
  • service characterized as Honorable, and
  • duty type as ACDUTRA, Inactive Duty Training, or anything other than active duty
an inquiry will be sent to VA, which will respond by stating whether or not Veteran status is established.
Veteran status is claimed but no discharge certificate is provided to the government agency an inquiry will be sent to VA to determine if the claimant meets the Veteran status requirements of PL 105-33.

XIII.ii.3.C.1.c. Development for the Purpose of Responding to Other Government Agency’s Inquiry

 VA must undertake development to verify service and determine character of service if
  • the claimant has not previously filed a claim with VA, or
  • no DD Form 214, Certificate of Uniformed Service, is in the Veteran’s claims folder.
VA will notify the requesting agency of any delay in responding until the necessary information is obtained from the service department. Important: Do not use Share to verify the character of an individual’s service for these eligibility determinations. The HON indicator was sometimes entered in Share for individuals whose service was characterized as General or Under Honorable Conditions, which does not satisfy eligibility requirements under PL 98-034 and PL 105-33.

XIII.ii.3.C.1.d. Work Credit and Authorization to Disclose Information

 In an effort to assist a Veteran in obtaining a benefit from a Federal, State, or local agency, VA is authorized to disclose information to other government agencies as long as the Veteran’s name and address are provided by the requesting agency. The Veteran’s written consent is required before VA may release any information if the requestor is not a Federal, State or local government agency. Clear an end product 290 for work credit.

XIII.ii.3.C.1.e. Dependency Determinations

 An applicant’s status as spouse or child of an honorably discharged Veteran will be governed by the rules of the Federal, State or local agency providing the benefit sought. VA will not make determinations regarding compliance with 38 U.S.C. 1304 or the status of an individual as a Veteran’s dependent in cases referred by agencies.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XIII, Subpart ii, Chapter 3, Section C (U.S. government work, reproduced for reference). Browse all sections →