38 CFR § 3.279 Statutory exclusions from income or assets (net worth or corpus of the estate) | Code of Federal Regulations | US Law

38 CFR § 3.279

Statutory exclusions from income or assets (net worth or corpus of the estate)

November 5, 2020

CFR

This section sets forth payments that Federal statutes exclude from income for the purpose of determining entitlement to any VA-administered benefit that is based on financial need. Some of the exclusions also apply to assets (pension), also known as net worth or the corpus of the estate (section 306 pension and parents as dependents for compensation). VA will exclude from income or assets any amount designated by statute as not countable as income or resources, regardless of whether or not it is listed in this section.

Open Table

Program or payment	Income	Assets (corpus of the estate)	Authority
(a) COMPENSATION OR RESTITUTION PAYMENTS:
(1) Relocation payments. Payments to individuals displaced as a direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended	Excluded	Included	42 U.S.C. 4636.
(2) Crime victim compensation. Amounts received as compensation under the Victims of Crime Act of 1984 unless the total amount of assistance received from all federally funded programs is sufficient to fully compensate the claimant for losses suffered as a result of the crime	Excluded	Excluded	42 U.S.C. 10602(c).
(3) Restitution to individuals of Japanese ancestry. Payments made as restitution under Public Law 100-383 to an individual of Japanese ancestry who was interned, evacuated, or relocated during the period of December 7, 1941, through June 30, 1946, pursuant to any law, Executive Order, Presidential proclamation, directive, or other official action respecting these individuals	Excluded	Excluded	50 U.S.C. App. 1989b-4(f).
(4) Victims of Nazi persecution. Payments made to individuals because of their status as victims of Nazi persecution	Excluded	Excluded	42 U.S.C. 1437a note.
(5) Agent Orange settlement payments. Payments made from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)	Excluded	Excluded	Sec. 1, Public Law 101-201.
(6) Chapter 18 benefits. Allowances paid under 38 U.S.C. chapter 18 to a veteran's child with a birth defect	Excluded	Excluded	38 U.S.C. 1833(c).
(7) Flood mitigation activities. Assistance provided under the National Flood Insurance Act of 1968, as amended	Excluded	Excluded	42 U.S.C. 4031.
(b) PAYMENTS TO NATIVE AMERICANS:
(1) Indian Tribal Judgment Fund distributions. All Indian Tribal Judgment Fund distributions excluded from income and assets while such funds are held in trust. First $2,000 per year of income received by individual Indians under the Indian Tribal Judgment Funds Use or Distribution Act in satisfaction of a judgment of the United States Court of Federal Claims excluded from income	Excluded	Excluded	25 U.S.C. 1407.
(2) Interests of individual Indians in trust or restricted lands. Interests of individual Indians in trust or restricted lands excluded from assets. First $2,000 per year of income received by individual Indians that is derived from interests in trust or restricted lands excluded from income	Excluded	Excluded	25 U.S.C. 1408.
(3) Per Capita Distributions Act. First $2,000 per year of per capita distributions to members of a tribe from funds held in trust by the Secretary of the Interior for an Indian tribe. All funds excluded from income and assets while funds are held in trust	Excluded	Excluded	25 U.S.C. 117b, 25 U.S.C. 1407.
(4) Submarginal land. Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes	Excluded	Excluded	25 U.S.C. 459e.
(5) Old Age Assistance Claims Settlement Act. Up to $2,000 per year of per capita distributions under the Old Age Assistance Claims Settlement Act	Excluded	Excluded	25 U.S.C. 2307.
(6) Alaska Native Claims Settlement Act. Any of the following, if received from a Native Corporation, under the Alaska Native Claims Settlement Act:	Excluded	Excluded	43 U.S.C. 1626(c).
(i) Cash, including cash dividends on stocks and bonds, up to a maximum of $2,000 per year;
(ii) Stock, including stock issued as a dividend or distribution;
(iii) Bonds that are subject to the protection under 43 U.S.C. 1606(h) until voluntarily and expressly sold or pledged by the shareholder after the date of distribution;
(iv) A partnership interest;
(v) Land or an interest in land, including land received as a dividend or distribution on stock;
(vi) An interest in a settlement trust.
(7) Maine Indian Claims Settlement Act. Payments received under the Maine Indian Claims Settlement Act of 1980	Excluded	Excluded	25 U.S.C. 1728.
(8) Cobell Settlement. Payments received under Cobell v. Salazar, Civil Action No. 96-1285 (TFH) (D.D.C.)	Excluded for one year	Excluded for one year	Sec. 101, Public Law 111-291.
(c) WORK-RELATED PAYMENTS:
(1) Workforce investment. Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998	Excluded	Included	29 U.S.C. 3241(a)(2).
(2) AmeriCorps participants. Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990	Excluded	Included	42 U.S.C. 12637(d).
(3) Volunteer work. Compensation or reimbursement to volunteers involved in programs administered by the Corporation for National and Community Service, unless the payments are equal to or greater than the minimum wage. The minimum wage is either that under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or that under the law of the State where the volunteers are serving, whichever is greater	Excluded	Excluded	42 U.S.C. 5044(f).
(d) MISCELLANEOUS PAYMENTS:
(1) Income tax refunds. Income tax refunds, including the Federal Earned Income Credit and advance payments with respect to a refundable credit	Excluded	Excluded for one year	26 U.S.C. 6409.
(2) Food stamps. Value of the allotment provided to an eligible household under the Food Stamp Program	Excluded	Excluded	7 U.S.C. 2017(b).
(3) Food for children. Value of free or reduced-price for food under the Child Nutrition Act of 1966	Excluded	Excluded	42 U.S.C. 1780(b).
(4) Child care. Value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990	Excluded	Included	42 U.S.C. 9858q.
(5) Services for housing recipients. Value of services, but not wages, provided to a resident of an eligible housing project under a congregate services program under the Cranston-Gonzalez National Affordable Housing Act	Excluded	Included	42 U.S.C. 8011(j)(2).
(6) Home energy assistance. The amount of any home energy assistance payments or allowances provided directly to, or indirectly for the benefit of, an eligible household under the Low-Income Home Energy Assistance Act of 1981	Excluded	Excluded	42 U.S.C. 8624(f).
(7) Programs for older Americans. Payments, other than wages or salaries, received from programs funded under the Older Americans Act of 1965, 42 U.S.C. 3001	Excluded	Included	42 U.S.C. 3020a(b).
(8) Student financial aid. Amounts of student financial assistance received under Title IV of the Higher Education Act of 1965, including Federal work-study programs, Bureau of Indian Affairs student assistance programs, or vocational training under the Carl D. Perkins Vocational and Technical Education Act of 1998	Excluded	Excluded	20 U.S.C. 1087uu, 2414(a).
(9) Retired Serviceman's Family Protection Plan annuities. Annuities received under subchapter I of the Retired Serviceman's Family Protection Plan	Excluded	Included	10 U.S.C. 1441.

(Authority: 38 U.S.C. 501(a))

[83 FR 47274, Sept. 18, 2018]

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