TN 31 (04-94)

Citations:

42 U.S.C. 4636; Soc. Sec. Act as amended in 1993, Sec. 1613(a)(10); P.L. 103-66, Sec. 13732.

A. Policy — federal relocation assistance

1. The Exclusion

Relocation assistance is provided to persons displaced by projects which acquire real property.  Federal relocation assistance provided under title II of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (subchapter II, chapter 61, title 42 of the U.S. Code) is excluded from resources.  Unlike state or local, there is no time limit on the exclusion for federal relocation assistance (see B.1. below).  To be excluded under this provision, the payments must be of the type described in SI 00830.655B.

2. Interest on Unspent Payments

Interest earned on unspent relocation assistance payments is not excluded from income or resources by this provision (SI 00830.500).

B. Policy - state or local relocation assistance

1. The Exclusion

Effective for resource determinations made for the month of May 1991 and subsequent months, unspent relocation assistance payments from a State or local government are excluded from resources for 9 months.

To be excluded from resources under this provision, the payments must be of the type described in SI 00830.655C.

2. Payments Received Prior to May 1991

Payments received in August 1990 through April 1991 also can be excluded from resources under this provision beginning in May 1991.  The payments can be excluded only for the number of months that remain in the 9-month period following the month of receipt as of May 1991.

EXAMPLE: The 9-month period for a relocation assistance payment received in January 1991 would be February through October 1991.  However, the payment may be excluded from resources only for the months of May through October 1991.

3. Interest on Unspent Payments

Interest earned on unspent relocation assistance payments is not excluded from income or resources by this provision (SI 00830.500).

C. Procedure - initial claims and posteligibility

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.). If the exclusion would permit eligibility, develop per 2. below.

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 relocation assistance payments:

• follow the procedures in SI 00830.655D.;

• document the date(s), type(s) and amount(s) of such payment(s); and

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

3. Manual Notices

See SI 01130.672 on issuing manual notices for State or local relocation assistance payments.

D. Reference

Commingled funds, SI 01130.700.