Q&A | Are Veteran's Benefits Excluded for a Veteran's Spouse?
Apr 28, 2024
Question from a Blog Reader
I have a question relating to HOTMA and veterans' benefits. I have a widow of a veteran who gets survivor aid and attendance payments. I believe that aid and attendance payments are excluded under HOTMA, but I wanted to be sure.
Answer
Summary Answer: No. Aid and attendance payments are excluded for a veteran, but not for survivors or dependents of a veteran who may also get aid and attendance payments because of their relationship with a veteran.
The HOTMA regulation at 24 CFR §5.609 (b)(17) excluded "payments related to aid and attendance under 38 U.S.C. 1521." However, it is important to note that it goes on to clarify that this is for payments "to veterans in need of regular aid and attendance". The joint HOTMA guidance from HUD MFH and PIH explains that "this income exclusion applies only to veterans in need of regular aid and attendance and not to other beneficiaries of the payments, such as a surviving spouse." [Joint HOTMA Implementation Notice G.10]. In the case that is asked about, the aid and attendance payments to a surviving spouse are not excluded and would be counted as income.
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