TN 50 (06-04)

A. Background

The Netherlands' Act on Benefits for Victims of Persecution 1940–1945, WUV (Wet Uitkering Vervlgingsslachtoffers), provides payments to individuals who, during the German and Japanese occupation of the Netherlands and the Netherlands East Indies (now the Republic of Indonesia), were victims of persecution during World War II because of their race, religion, belief or homosexuality and, as a result of that persecution presently are suffering from illnesses or disabilities. There are 4 types of payments available to individuals who meet the eligibility rules for payment under the WUV program—periodical income, NMIK (compensation for non-definable disability expenses), reimbursements of persecution-related disability expenses and partial compensation for persecution related disability expenses.

B. Policy

1. The Resource Exclusion

Unspent WUV payments made by the Dutch government are excluded from resources.

2. Interest on Unspent Payments

Prior to July 1, 2004, interest earned on unspent WUV payments are not excluded from income or resources by this provision. For SSI benefits payable on or after July 1, 2004, interest earned on unspent WUV payments is excluded from income. (See SI 00830.500 for development.)

3. Reopening Prior Determinations

Prior determinations affected by these instructions may be reopened and revised, subject to the rules of administrative finality.

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. (See SI 01150.200 ff. for conditional benefits instructions.) If the exclusion would permit eligibility, develop per SI 01130.605C.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

If an individual alleges that his/her resources include unspent Netherlands WUV payments:

1. Using the documents in the individual's possession, document the date(s), and amount(s) of such payment(s). If the individual has no documentation or it is incomplete, contact the Consulate General of the Netherlands to verify payment date(s) and amount(s). See SI 00830.725C. for the address and phone number. If the individual has no documentation and the Consulate General of the Netherlands is unable to provide the information, then accept the individual's statement either signed or recorded on a DROC as to the amount(s) and date(s) of receipt.

2. Obtain the individual's statement either signed or recorded on a DROC as to the date(s) and amount(s) of any account deposits corresponding to the payments; and

3. Enter code “DTCH” in the CG field of the SSR to indicate that the individual's resources include unspent WUV payments that are excludable.

D. References

• Excluded funds commingled with nonexcluded funds, SI 01130.700

• Income exclusion, Netherlands WUV payments, SI 00830.725

• CG field input, SM 01301.785

• Title XVI Administrative Finality - General Reopening Policies, SI 04070.010

• Revising SSI Determinations, SI 04070.040

• Title XVI Administrative Finality - Background, SI 04070.001