TN 50 (06-04)

A. Background

See SI 00830.730.

B. Policy - the exclusion

Unspent Agent Orange settlement payments are excluded from resources.

C. Policy - applicability

The exclusion applies only if it would permit eligibility for regular or conditional SSI benefits, in that order.

D. Policy - general

1. Income Exclusion

See SI 00830.730.

2. Interest

Prior to July 1, 2004, interest earned by conserved Agent Orange settlement payments is not excluded from income by this provision. (See SI 00830.500 for development.) For SSI benefits payable on or after July 1, 2004, interest earned by conserved Agent Orange settlement payments is excluded from income. (See SI 00830.500C.)

3. Commingled Funds

See SI 01130.700.

E. Procedure - initial claims

If an individual alleges that his/her resources include unspent Agent Orange settlement payments:

• verify the date(s) and amount(s) of such payment(s) in accordance with SI 00830.730; and

• obtain a statement as to the date(s) and amount(s) of any account deposits corresponding to the payments.

Absent evidence to the contrary, accept the allegation regarding deposits.

F. Development and documentation — posteligibility

The redetermination development for Agent Orange payments is the same as the initial claims development.