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.

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.

The following states have eugenics compensation programs:

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  North Carolina

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  Virginia

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: An SSI recipient is $3,500 over the resource limit. They allege that a total of $5,000 in their checking account is unspent monies received in March 2018 from the state of North Carolina’s eugenics compensation program. Since their allegation of eugenics compensation is material to their 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 the SSI recipient's checking account from resources and annotate the other reason field with the text “State eugenics compensation.”

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  SI 00830.736 Payments to Victims from a State Eugenics Compensation Program

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  SI 01130.000 Resources Exclusions – Table of Contents

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  SI 01130.050 Guide to Resources Exclusions

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  SI 01130.060 Exclusions Under Other Federal Statutes