POMS Reference

SI 01130: Resources Exclusions

TN 58 (05-09)

Citations:

Public Law (P.L.) 111-5, §1002

A. Background on FVECF payments

On February 17, 2009, the President signed the American Recovery and Reinvestment Act of 2009 (ARRA). Section 1002 of the ARRA established the FVECF to issue one-time payments to eligible Filipino veterans who aided American troops during World War II. An eligible veteran can receive the payment by filing an application with the United States Department of Veterans Affairs (VA) within one year of enactment (from 02/17/09 through 02/16/10) of the ARRA. A surviving spouse may receive the FVECF payment if the eligible veteran filed for it but did not receive the payment prior to death. Filipino veterans who are United States citizens are eligible for a one-time payment of $15,000, and veterans who are non-citizens are eligible for a one-time payment of $9,000.

B. How to treat an FVECF payment for SSI resource purposes

The one-time FVECF payment is excluded from resources for SSI eligibility and payment purposes. There is no time limit on the exclusion of an FVECF payment.

C. How to treat interest earned on an unspent FVECF payment

Interest earned on an unspent FVECF payment is excluded from income (see SI 00830.500C). However, any interest earned on an FVECF payment that is retained into the month following the month of receipt, is a countable resource.

D. How to verify receipt of an FVECF payment

Verify that the payment is from the FVECF by:

  • Reviewing VA documents provided by the claimant;

  • Contacting the VA at their toll-free number (1-800-827-1000); or

  • Faxing a request for information to the appropriate VA regional office. Use form SSA-L1103-U3, Supplemental Security Income Request for Information.

E. How to develop the amount of excluded FVECF funds

When conducting a resource determination, accept the individual's allegation about the amount of excluded FVECF funds still retained and exclude that amount. If the individual is unable to provide an allegation about the amount of FVECF funds still retained, develop the excluded amount using the instructions for commingled funds in SI 01130.700.

F. How to document excluded FVECF funds

Document the amount of the FVECF payment, date it was received and the determination that the payment is from the FVECF and is excluded from resources by following the procedures in GN 00301.000 General Evidentiary Standards sections GN 00301.285 through GN 00301.289.

G. References

  • SI 00830.319, The Filipino Veterans Equity Compensation Fund (FVECF) Payment

  • SI 00830.500, Dividends and Interest

  • SI 00830.320, Form SSA-L1103-U3, Supplemental Security Income Request for Information

  • SI 01130.700, Identifying Excluded Funds That Have Been Commingled With Nonexcluded Funds