Unspent Austrian social insurance payments based, in whole or in part, on wage credits granted under Paragraphs 500–506 of the Austrian General Social Insurance Act are excluded from resources.

Austrian social insurance payments not based on wage credits granted under Paragraphs 500–506 are not excluded from resources under this provision.

Prior to July 1, 2004, interest earned on unspent Austrian social insurance payments is counted as income. (Since the court decision did not address interest income, the normal rules on administrative finality apply.) However, interest earned on these payments may be excludable under another provision, for example, as infrequent or irregular. For SSI benefits payable on or after July 1, 2004, interest earned on unspent Austrian social insurance payments is excluded from income. (See SI 00830.500C.)

Because the court decision did not restrict the period of time for which these payments are not counted, there is no limit on the retroactivity for reopening prior determinations to not count these payments as resources.

When an individual would otherwise be ineligible due to excess resources, determine if applying this exclusion would permit eligibility for regular or conditional benefits (SI 01150.200 ff.), in that order. If the exclusion would permit eligibility, develop per 2. below.

If the individual is resources-eligible even without the application of this exclusion, it is not necessary to develop under this section.

If an individual alleges that their resources include unspent Austrian social insurance payments:

1. a. 

   Determine whether the payments are counted as income, per SI 00830.715.

   If the payments are counted as income, this resource exclusion does not apply. If the payments are not counted as income, go to b. and c. below.

2. b. 

   Obtain the individual's statement either signed or recorded on a Report of Contact page as to the date(s) and amount(s) of any account deposits corresponding to the Austrian social insurance payments. Apply the policy in B. above and exclude the unspent payments from the determination of countable resources.

3. c. 

   Enter code “AUST” in the CG field of the SSR to indicate that the individual's resources include unspent Austrian social insurance payments that are excludable under this section.