TN 50 (06-04)

Citations:

P.L. 101-426, as amended by P.L.101-510

A. Background

Fallout emitted during the U.S. Government's  atmospheric nuclear testing in Nevada during the 1950s and during a brief period in 1962 exposed some individuals to doses of radiation that put their health at risk. In addition, some individuals employed in uranium mines during the period January 1, 1947 to December 31, 1971 were exposed to large doses of radiation. P.L. 101-426 created the Radiation Exposure Compensation Trust Fund (RECTF) and authorizes the Department of Justice (DOJ) to make compensation payments to individuals (or their survivors) who were found to have contracted certain diseases after exposure. The payments will be made as a one-time lump sum. Generally, the exposure occurred in parts of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming.

B. Policy

1. SSI Resource Exclusion

Unspent payments received from the RECTF are excluded from resources.

2. Interest on Unspent RECTF Payments

Prior to July 1, 2004, interest earned on unspent RECTF payments is counted as income. However, interest earned on these payments may be excludable under another provision, for example, as infrequent or irregular. For SSI benefits payable on or after July 1, 2004, interest earned on unspent RECTF payments is excluded income. (See SI 00830.500C.)

C. Procedure

1. When to Develop

When an individual would otherwise be ineligible due to excess resources, determine if applying this exclusion would permit eligibility for regular or conditional benefits (SI 01150.200 ff.), in that order. If the exclusion would permit eligibility, develop per SI 01130.680C.2.

NOTE:  If the individual is resources-eligible even without the application of this exclusion, it is not necessary to develop under this section.

2. Development and Documentation

a. Obtain Documentation

If an individual alleges that his or her resources include unspent RECTF payments:

• document such payments in accordance with SI 00830.740; and

• obtain a statement as to the date(s) and amount(s) of any financial institution (e.g., checking or savings) account deposits corresponding to the RECTF payments.

b. If Necessary, Contact DOJ

If the individual does not have, and cannot obtain, the documentation in SI 01130.680C.2.a., contact the DOJ. Address correspondence to:

Provide the DOJ with the individual's name and Social Security number (SSN). When writing on behalf of a survivor, include the survivor's name and SSN.

c. Make CG Field Input

Enter code “RECT” in the CG field of the SSR to indicate that the individual's resources include unspent excluded RECTF payments.

D. References

• Excluded funds commingled with nonexcluded funds, SI 01130.700

• CG field input, SM 01301.785

• Exclusion of RECTF payments from income, SI 00830.740