|
|
Any unspent part of an income payment becomes a resource in the month after the month it was received. Most types of income that remain unspent in the month after the payment was made are counted.
However, the unspent part of some income types may be excluded as a resource for a period of time beginning the month after the payment was received. The table below lists the exclusions and the unspent payment types to which they apply:
Length of time excluded… |
Unspent payment type |
Indefinitely |
· Agent Orange Payments; · Alaska Native Corporation and Settlement Trust Payments; · Aleutian and Pribilof Islands Payments; · Austrian Social Insurance and Reparation Payments based in any part on wage credits under paragraphs 500-506 of the Austrian General Social Insurance Act; · Corporation for National and Community Service (CNCS) program payments; · Disaster Assistance, including interest earned on these funds; · Educational assistance, including work study, received under Title IV of the Higher Education Act or BIA Student Assistance programs; · German Reparation Payments; · Home Energy Assistance; · Housing Assistance; · Indian Judgment Fund per capita distributions; · Japanese-American Restitution Payments (Japanese Reparation Payments); · Netherlands WUV payments; · Persons with Hemophilia Infected with HIV; · Radiation exposure payments; · Payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. |
Up to 30 months |
Funds to replace or repair excluded resources. NOTE The exclusion begins with nine months, which can be extended for nine months, then for twelve months, as long as the repair or replacement was prevented for reasons beyond the person’s control. |
12 months |
· Settlement Fund payments under the Claims Resolution Act of 2010 (Cobell v. Salazar); · Federal refundable tax credits. |
The first $2,000 paid in the calendar year. |
Clinical Trial Compensation |
Nine months |
· Crime Victim Payments; · Educational awards or gifts NOT paid under Title IV of the Higher Education Act or BIA Student Assistance programs; · Social Security (Title II or Title XVI) retroactive payments; · State or local relocation assistance NOT paid the under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. |
One month |
Cash inheritance that will be used to pay for the deceased person’s last illness and burial expenses and outstanding debts. |
If excluded payments are kept in the same account as money that does count as a resource, any withdrawals are assumed to be taken from the countable money first. To be excluded as a resource, the amount of the excluded funds must be identifiable from counted funds.
When excluded and counted payments are kept in the same account, see MA703B for policy on how they are counted.
Term |
Definition |
Agent Orange Payments |
Payments to veterans to settle Agent Orange death or disability claims. |
Alaska Native Regional and Village Corporation Payments |
Distributions of cash or dividends on stock received from a Native Corporation to an Alaska Native or descendant of an Alaska Native. |
Austrian Reparation Payments |
Pension payments made by the Austrian General Social Insurance Act under paragraphs 500-506. |
Clinical Trial Compensation |
Payment for taking part in a clinical trial research and testing for treatment of rare diseases or conditions that meets all of the following: · Reviewed and approved by an Institutional Review Boards (IRB); · Involves research and testing of medical treatments; and · Targets a rare disease or condition. |
Crime Victim Payments |
Payments received from a fund established by a state to aid victims of crime. |
Disaster Assistance Payments |
Payments provided to victims of natural disasters through the Federal Disaster Relief Act or similar state or local assistance programs. |
Federal refundable tax credit |
A special tax credit that reduces a taxpayer’s Federal tax liability. It can result in a payment to the taxpayer, either as an advance from an employer, or as a refund from the IRS. The most common refundable tax credits are the earned income tax credit (EITC) and the child tax credit (CTC). |
German Reparation Payments |
Payments made to certain survivors of the Holocaust by the German Government. The German embassy in Los Angeles may be contacted at: Generalkonsulat der Bundersrepublik Deutschland Consulate General of the Federal Republic of Germany Social Affairs 6222 Wilshire Blvd. Suite 500 Los Angeles, CA 90048 Phone: (323) 930 7602; Fax: (323) 930 2805 |
Home Energy Assistance |
Benefits to help with energy expenses. Includes Low Income Home Energy Assistance Program (LIHEAP). It may be provided by a variety of agencies and known by different names. Payment is usually provided by voucher or directly to the utility company. |
Federal Housing Assistance |
Payments from the Office of Housing and Development (HUD) or Farmer’s Home Administration (FMHA). |
Indian Judgment Payments |
Settlement Fund Payments under the Claims Resettlement Act of 2010. |
Japanese-American Restitution Payments |
Payments paid by the United States Government to U.S. citizens and resident aliens evacuated, relocated, or interned during World War II solely on the basis of Japanese ancestry. |
Netherlands WUV Payments |
Payments to victims of persecution from 1940-1945 made under the WUV (Wet Uitkering Vervlgingsslachtoffers) program. |
Radiation Exposure Payments |
Payments made from the Radiation Exposure Compensation Trust Fund (RECTF) to people (or their survivors) exposed to radiation from the U.S. Government's atmospheric nuclear testing and from uranium mining. |
For counted unspent payments, follow the proof policy for either cash or financial accounts.
For most excluded unspent payments, only the source is verified. Types of proof include, but are not limited to:
· Copies of check stubs;
· Written statement or award letter from the source of the income;
· Federal income tax return (for refundable tax credits);
· Loan contract (for student loans);
· Written statement from the landlord (for housing assistance);
· Individual Indian Money Account Statements from BIA listing the payment type;and
· Collateral contact with the source of the income.
Some excluded unspent payments need more proof than just the source. See the table below for a list of the unspent payment type and the other proof needed for each one:
Payment type… |
Additional proof needed… |
Clinical Trial Compensation |
That the clinical trial meets the requirements listed in the Definitions section above. Proof includes: · The “informed consent form” from the clinical trial, which provides most of the information needed to determine whether the income exclusion applies. · An official letter from the administrator of the clinical trial that provides all the relevant information of the informed consent in a summarized format. · Check stubs; and · Payment receipts. |
Disaster Assistance Payments |
Proof that the payment received is due to a federal disaster. Presidential declarations of disaster are public information and can be verified by newspapers, television, radio announcements or the Federal Register. |
Cash inheritance that will be used to pay for the deceased person’s last illness and burial expenses and outstanding debts |
Proof of the amount of the inheritance that will be used to pay expenses related to deceased person's last illness, burial and outstanding debts. Proof of the amount of the cash inheritance: · A court order closing the estate; · A copy of the will; · Letter or written statement from the insurance company; · Collateral contact with the insurance company; · Copy of insurance check. Proof of expenses: · Bills; · Receipts; · Collateral contact with the service provider or debt-holder. |
Program |
Legal Authority |
ALTCS |
Agent Orange payments P.L. 101-239 20 CFR § 416.1236(a)(16) |
Alaska Native Settlement Claims 42 USC 1382b(a)(2)(A)(5) 20 CFR § 416.1236(a)(10) |
|
Aleutian and Pribiloff Islander Reparations P.L. 100–383 20 CFR § 416.1236(a)(15) |
|
Austrian Social Insurance and Reparations 20 CFR 416.1236(a)(18) |
|
Cash inheritance used for a deceased person’s last illness and burial expenses and outstanding debts 20 CFR 416.1201(a)(4) |
|
Clinical Trial Compensation 42 USC 1382b(a)(17) |
|
Corporation for National and Community Service (CNCS) 20 CFR 416.1236(a)(9) |
|
Crime Victims Payments 42 USC 1382b (9) 20 CFR 4161210(p) |
|
Disaster Assistance 20 CFR 416.1201(k) 20 CFR 416.1237 |
|
Refundable federal tax credits 26 USC 6409 |
|
Educational Assistance 42 USC 1382b(a)(15) 20 CFR 416.1210(u) |
|
Funds to repair or replace excluded resources 20 CFR 416.1232 |
|
German Reparation payments 20 CFR 416.1236(a)(18) |
|
Home Energy Assistance 20 CFR 416.1236(a)(13) |
|
Payments for Persons with Hemophilia Infected with HIV Public Law 105-369, §201 |
|
Housing assistance 42 USC 1382b(a)(8) 20 CFR 416.1236(a)(13) |
|
Indian Judgment funds Claims Resolution Act of 2010 (Pub. L. 111–291); Section 101(f) 20 CFR 416.1236(a)(3) |
|
Japanese reparation payments 20 CFR 416.1236(a)(15) |
|
Netherlands WUV 20 CFR 416.1236(a)(18) |
|
Radiation Exposure payments 20 CFR 416.1236(a)(17) |
|
Relocation Assistance 42 USC 1382b (a)(10) 20 CFR 416.1236(a)(1) |
|
Retroactive TII/XVI payments 20 CFR 416.1210(m) |