Deductions & credits

Following up on this thread-

 

Wife is covered by Champva. Wife is not a Veteran. GEHA enrollment was and is adamant wife can have HSA while being covered by Champva. GEHA and Champva are aware of each other. GEHA is referencing answer 20.

 

Answer 20: As modified by the legislation, an individual actually receiving medical benefits from the VA is not disallowed from making HSA contributions if the medical benefits consist solely of (1) disregarded coverage, (2) preventive care, or (3) hospital care or medical services under any law administered by the Secretary of Veterans Affairs for service-connected disability (within the meaning of § 101(16) of title 38, United States Code). Distinguishing between services provided by the VA for service-connected disabilities and other types of medical care is administratively complex and burdensome for employers and HSA trustees or custodians. Moreover, as a practical matter, most care provided for veterans who have a disability rating will be such qualifying care. Consequently, as a rule of administrative simplification, for purposes of this rule, any hospital care or medical services received from the VA by a veteran who has a disability rating from the VA may be considered to be hospital care or medical services under a law administered by the Secretary of Veterans Affairs for service-connected disability.

 

Is the ambiguity of "individual" causing a misinterpretation of the answer?

 

At a loss,

 

Thanks!