TN 76 (05-19)

SI 01130.736 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 of 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 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 01130.736C in this section.

B. Policy for the resource exclusion of payments from a State eugenics compensation program

Effective October 7, 2016, exclude from countable resources all eugenics compensation payments paid by a State eugenics compensation program and retained the month after receipt. For payments received prior to October 7, 2016 and retained, apply the resource exclusion effective with the November 2016 resource determination. See income exclusion development in Payments from a State eugenics compensation program SI 00830.736.

C. States that have eugenics compensation programs

The following states have eugenics compensation programs:

  • North Carolina

  • Virginia

D. Procedure for developing the resource exclusion for payments 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

Determine if the alleged or verified eugenics compensation amount was excludable from income under SI 00830.736, Payments to Victims from a State Eugenics Compensation Programs.

  • If the income exclusion applied, exclude the unspent portion of the compensation amount retained the month after receipt as a resource.

  • If the income exclusion did not apply, count as a resource the unspent portion of the payment.

E. How to document the resource exclusion

Under the appropriate resource page in the SSI Claims System, select “Other” as the exclusion reason and enter “State eugenics compensation” in the “Other reason” field.

EXAMPLE: Tom is an SSI recipient. He is $3,500 over the resource limit. He alleges that a total of $5,000 in his checking account is unspent monies received in March 2018 from the state of North Carolina’s eugenics compensation program. Since his allegation of eugenics compensation is material to his SSI eligibility determination, you develop for the “State eugenics compensation” exclusion. First, you determine the alleged amount is excludable under SI 00830.736. You may check the Other Income (IOTH) page to ensure the eugenics compensation is excluded from income. Then, you exclude the $5,000 in his checking account from resources and annotate the other reason field with the text “State eugenics compensation.”

F. References

  • SI 00830.736 Payments to Victims from a State Eugenics Compensation Program

  • SI 01130.000 Resources Exclusions – Table of Contents

  • SI 01130.050 Guide to Resources Exclusions

  • SI 01130.060 Exclusions Under Other Federal Statutes


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501130736
SI 01130.736 - Payments to Victims from a State Eugenics Compensation Program - 05/16/2019
Batch run: 09/12/2023
Rev:05/16/2019