Identification Number:
EM-16044
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/ODAR
Originating Office:ORDP OISP
Title:Information Regarding the Treatment of Certain Payments in Eugenics Compensation Act – Permanent Instructions to Follow
Type:EM - Emergency Messages
Program:Title XVI (SSI)
Link To Reference:
 
Retention Date: May 30, 2018

A. Purpose

This EM provides important information regarding the Treatment of Certain Payments in Eugenics Compensation Act (P.L. 114-241).

B. Background

On October 7, 2016, the President signed into law the Treatment of Certain Payments in Eugenics Compensation Act. This law exempts payments made under a State eugenics compensation program from being considered as income or resources in determining eligibility for, or amount of, any Federal public benefit.

The law defines a State eugenics compensation program as a program established by State law to compensate individuals who were sterilized under the authority of the State. Up until the 1970’s, more than 30 States ran eugenics programs. Currently, only two States, North Carolina and Virginia, have eugenics-related compensation programs. In 2014, North Carolina awarded more than 200 people their first compensation payment of approximately $20,000 each. Recently, individuals began receiving their second eugenics compensation payments, worth an additional $15,000. Virginia will award $25,000 to each individual who was involuntarily sterilized and still alive as of February 1, 2015.

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C. Policy

Exclude compensation payments made October 7, 2016 or later from a State eugenics compensation program from income and resources. Exclude from resources payments received prior to October 7, 2016 and retained effective with the November 2016 resource determination.

D. Procedure

Use documents in the individual's possession to verify that the payment is from a State eugenics compensation program. Obtain the individual's statement either signed or recorded on a DROC of the amount and date of receipt if it is not evident from the documents. See GN 00301.285 through GN 00301.289.

If the individual has no documents or there is reason to question the source of the payments, obtain verification from the appropriate State compensation agency.

Document all necessary income information on the Other Income (IOTH) page in the SSI Claims System. Select “Settlements or awards” in the “TYPE” field.

Document all necessary resource information on the Other Resource (ROTH) page in the SSI Claims System. Select “Other” in the TYPE field and enter “State eugenics compensation” in the “OTHER TYPE” field.

Direct all program–related and technical questions to your RO support staff or PSC OA staff. RO support staff or PSC OA staff may refer questions or problems to their Central Office.


EM-16044 - Information Regarding the Treatment of Certain Payments in Eugenics Com