TN 93 (06-04)

Citations:

50 App. U.S.C. S1989 b-4, b-7, c-1 and c-5;

20 CFR 416.1124(b) ; 416.1236

A. Policy

Restitution payments made by the U.S. Government to individual Japanese-Americans or the spouse or parent of an individual of Japanese ancestry (or, if deceased, to their survivors) and Aleuts who were interned or relocated during World War II are excluded from income and resources. Also, restitution payments from the Canadian Government to individual Japanese-Canadians who were interned or relocated during World War II are excluded from income and resources.

Prior to July 1, 2004, interest earned on unspent restitution payments is not excluded from income. For SSI benefits payable on or after July 1, 2004, interest earned on unspent Japanese-American, Aleutian, and Japanese-Canadian restitution payments is excluded from income. (See SI 00830.500C.)”

B. Procedure

Use documents in the individual's possession to verify the nature of these payments. Obtain the individual's statement either signed or recorded on a DROC of the amount and date of receipt if this is not evident from the documents. See GN 00301.285 through GN 00301.289.

If the individual alleges receiving restitution payments from the U.S. Government but has no documents which verify this, obtain verification from the:

Provide the individual's name, address, date of birth and Social Security number in the request accompanied by a signed SSA-8510.

If the individual alleges receiving restitution payments from the Canadian Government but has no documents which verify this, ask if the individual was imprisoned, relocated, deported, or deprived of other rights in Canada during the period December 1941 to March 1949 because of their Japanese ancestry.

If the answer is “yes,” exclude the payment. If the answer is “no,” count the payment as income.

C. Reference

Funds commingled, SI 01130.700