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Holocaust Restitution Payments
Holocaust Restitution payments include all restitution payments received by an eligible individual who was persecuted on the basis of race, religion, physical or mental disability, or sexual orientation by Nazi Germany, any other Axis regime, or any other Nazi-controlled or Nazi-allied country. Payments may be made periodically or in a lump sum.
Exempt
All holocaust payments are exempt as property the month after receipt. The following is also true for holocaust payments:
- Interest which is payable as part of any payment or distribution or a restitution payment is exempt.
- The property exemption includes the individual’s heirs and the individual’s estate. (This exemption applies to the individual that actually receives the payment.)
- Exemption continues when the holocaust restitution payments have been converted to another form of resource or commingled with other funds.
- Exempt as a resource in the month following receipt, as long as these funds are kept separately identifiable.
Note: If these exempt funds are commingled with nonexempt property, it is the individual’s responsibility to identify and keep track of the exempt portion. It is presumed that withdrawals from commingled funds were made from the nonexempt funds first.
Verification
Verification of payments can include a grant award letter, a copy of the check, or other documentation sufficient to verify the receipt of the holocaust restitution payment.
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