--- title: "Part XIII, Subpart ii, Chapter 3, Section C Public Benefit Eligibility for Legal Aliens" document: "M-21-1" section: "Part XIII, Subpart ii, Chapter 3, Section C" canonical: "https://veteranai.co/va-regulations/m21-1/xiii.ii.3.c-public-benefit-eligibility-for-legal-aliens" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173820/M21-1-Part-XIII-Subpart-ii-Chapter-3-Section-C-Public-Benefit-Eligibility-for-Legal-Aliens" updated: "2026-09-06T14:37:52.341978Z" --- 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, * meets the definition of “Veteran,” as set forth in [38 U.S.C. 101](), [1101](), or [1301](), or as described in [38 U.S.C. 107]() * was discharged with service characterized as _Honorable_ , and * fulfilled the minimum active duty service requirements of [38 U.S.C. 5305A(d).]() 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.