TN 50 (06-04)

Citations:

50 U.S.C. App. 1989 b-4, b-7, c-1 and c-5;

20 CFR 416.1236(a)(15)

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 resources.

Restitution payments from the Canadian government to individual Japanese-Canadians who were interned or relocated during World War II are excluded from resources.

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

B. Procedure

1. General

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 as to the amount and date of receipt if this is not evident from the documents.

2. Restitution Payments From the U.S. Government

If the individual alleges receiving restitution payments from the U.S. Government but has no documents which verify this, obtain verification from the Office of Redress Administration at the following address:

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

3. Restitution Payments From the Canadian Government

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 from resources.

C. References

• Excluded funds commingled with other funds, SI 01130.700

• Exclusion from income of Japanese-American and Aleutian Restitution Payments, SI 00830.720