TN 31 (04-94)
SI 01130.665 Victims' Compensation Payments
Soc. Sec. Act as amended in 1990, Sec. 1613(a); P.L. 101-508, Sec. 5031.
1. The Exclusion
Effective for resource determinations made for the month of May 1991 and any subsequent months, unspent payments received from a fund established by a State to aid victims of crime are excluded from resources for 9 months.
To be excluded from resources under this provision, the individual must demonstrate that the payment was compensation for expenses incurred or losses suffered as the result of crime.
2. Payments Received Prior to May 1991
Payments received in August 1990 through April 1991 also can be excluded from resources under this provision beginning in May 1991. The payments can be excluded only for the number of months that remain in the 9-month period following the month of receipt as of May 1991.
For example, the 9-month period for a victims' compensation payment received in January 1991 would be February through October 1991. However, the payment may be excluded from resources only for the months of May through October 1991.
3. Interest on Unspent Payments
Interest earned on unspent victims' compensation payments is not excluded from income or resources by this provision (SI 00830.500).
B. Procedure— initial claims and posteligibility
1. When to Develop
Develop this exclusion only when an individual alleges the receipt of compensation excludable under this provision and the exclusion would permit eligibility for regular or conditional benefits (SI 01150.200 ff.), in that order.
2. Development and Documentation
If an individual alleges that his or her resources include unspent victims' compensation payments, ask the individual to submit evidence that:
verifies the source, date(s), and amount(s) of such payment(s); and
establishes that the payment was paid as compensation for expenses incurred or losses suffered as the result of a crime.
Obtain a statement as to the date(s) and amount(s) of any account deposits corresponding to the victims' compensation payment(s). Assist the individual as necessary.
3. Acceptable Evidence
Accept the following as evidence establishing that the payment was paid for expenses incurred or losses suffered as the result of a crime:
a letter or check stub accompanying the payment indicating the reason for the payment;
a subsequent letter requested by the claimant/recipient to clarify the reason for the payment; or
any other document indicating the reason for the payment.
If the individual is unable to submit acceptable evidence, attempt to obtain the needed information over the phone through a contact with the agency that issued the victims' compensation payment.
4. Manual Notices
See SI 01130.672 on issuing manual notices.
Commingled funds, SI 01130.700.