Section VA 13.05 - Program fees The department may collect a monthly fee from a veteran residing in a VHRP facility in an amount calculated under the following schedule:
(1) RESIDENTS OF A VHRP FACILITY. A resident of a VHRP facility who is employed or who is receiving supplemental security income, social security disability insurance payments or any other disability or pension benefits, other than compensated work therapy or industrial/incentive therapy payments paid at a rate below the prevailing minimum wage, may be assessed a monthly program fee of not more than 30 percent of the veteran's monthly net income, after deductions for VA overpayments, medical expenses, child care expenses, court-ordered child support payments, or any other court-ordered payment. The amount of assessed program fees shall be uniformly applied to each resident of a specific site. The total amount of the monthly assessments at a particular site may not exceed the program's set maximum rate in accordance with 38 CFR 61.82 (a). The amount assessed to a resident may begin upon the resident's receipt of a second pay or benefit check except when the resident receives a retroactive lump sum award of pension, compensation, or other entitlement payments. When a lump sum is received for a retroactive payment, 30 percent or program fee max will be paid for all prior benefit months received in lump sum. The assessment will begin upon receipt of the pay or benefit check.(2m) ASSESSMENT OF PROGRAM FEES. The determination for the monthly assessment and the collection process and procedures shall be documented in the department's program operating procedures.Wis. Admin. Code Department of Veterans Affairs VA 13.05
Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 03-045: am. (intro.) and (1) Register October 2003 No. 574, eff. 11-1-03; CR 05-103: am. (2) Register May 2006 No. 605, eff. 6-1-06.Amended by, CR 23-056: am. (title), (intro.), (1), r. (2), cr. (2m) Register May 2024 No. 821, eff. 6-1-24; correction in (1) made under s. 35.17, Stats., and (2m) title created under s. 13.92 (4) (b) 2, Stats., Register May 2024 No. 821 Register May 28 No. 821, eff. 6/1/2024