Effective Dates: 05/16/2019 - Present Previous | Next

TN 132 (05-19)

SI 00830.736 Payments to Victims from a State Eugenics Compensation Program

CITATIONS:

Treatment of Certain Payments in Eugenics Compensation Act, Public Law (P.L.) 114-241

A. Introduction to payments to victims from a State Eugenics Compensation Program

On October 7, 2016, the President signed into law the Treatment of Certain Payments in Eugenics Compensation Act. This law exempts payments made from States’ eugenics compensation programs from income or resources when determining eligibility for and payment for any Federal public benefit.

The law defines a State eugenics compensation program as a program established by State law to compensate individuals sterilized under the authority of the State. Prior to 1970, more than 30 States ran eugenics programs. For a current list of states that have eugenics-related compensation programs, see SI 01130.736 in subsection C.

B. Policy for the income exclusion from a State eugenics compensation program

Effective October 7, 2016, exclude from countable income all eugenics compensations payments paid by a State eugenics compensation program. See resource exclusion development in Payments from a State Eugenics Compensation Program SI 01130.736.

C. States that have eugenics compensation programs

The following states have eugenics compensation programs:

  • •

    North Carolina

  • •

    Virginia

D. Developing and verifying payments made from a State eugenics compensation program

1. When to develop

Develop this exclusion only when an individual alleges the receipt of eugenics compensation payments excludable under this provision and the exclusion allows eligibility for Supplement Security Income (SSI) benefits.

2. How to develop

a. Individual has documentation

When the individual has documentation of payments:

  • •

    Use documents in the individual’s possession to verify the date and amount of payment from a State eugenics compensation program.

  • •

    Obtain the individual’s statement if not evident from the documents, and record on a Report of Contact (DROC) the amount and date of payments.

b. Individual does not have documentation

If the individual does not have documentation or there is a reason to question the source of the payments:

  • •

    Obtain the SSI recipient’s signed statement regarding the amount and date of receipt of payment on a DROC or SSA-5002, and

  • •

    Verify the information with the appropriate State compensation agency.

For more information regarding evidentiary requirements, see GN 00301.285 through GN 00301.289.

E. How to document the income exclusion

1. Documenting payments in the SSI claim system

To post payments in the SSI claim system:

  • •

    Select “Yes” for “Other Income” as the appropriate income type on the Income Selection page;

  • •

    Document all income information on the Other Income (IOTH) page in the SSI claims system; then

  • •

    Select “settlements or awards” as the income type from the ‘TYPE” drop-down list;

  • •

    Enter payment amount and date information by completing the income monthly values table.

For more information on how to complete the Other Income (IOTH) page, see MS INTRANETSSI 08114.064.

2. Non-SSI claim systems documentation

On the SSA-1719B (Supplemental Security Income Post-Entitlement Input) or SSA-450-SI (SSI Data Input and Determination) enter:

  • •

    “SG” for “settlement or awards” as the unearned income type; and

  • •

    the date and amount of the payment and any other appropriate fields.

For a discussion on how to code the UM claim identification field for Initial Claims, see SM 01005.181 General Input Requirements – UM. For Post Eligibility Claims, see SM 01305.200.

F. References

  • •

    SI 00810.007 Income Exclusions

  • •

    SI 00810.030 When Income is Counted

  • •

    SI 01130.736 Treatment of payments from State Eugenics Compensation Programs

  • •

    MS 08114.003 Income Selection

  • •

    MS 08114.064 Other Income

  • •

    MS 04422.010 Report of Contact (DROC)

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500830736
SI 00830.736 - Payments to Victims from a State Eugenics Compensation Program - 05/16/2019
Batch run: 06/07/2019
Rev:05/16/2019