**§3.261 Character of income; exclusions and estates.**

The following factors will be considered in determining whether a
claimant meets the requirements of §§3.250, 3.251 and 3.252 with
reference to dependency, income limitations and corpus of estate:

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*spouses, and spouses, and*

*children) children)*

\(1\) Total income from employment,

business, investments, or rents Included Included Included Included
§3.262(a)

\(2\) Income of spouse Included Included Excluded Included §3.262(b)

\(3\) Earnings of members of family under legal age Included Excluded
Excluded Excluded §3.250(b)(2)

§3.252(e)(3)

\(4\) Earned income of child-claimant Included Excluded

\(5\) Gifts, including contributions from adult

members of family:

Property Included Included Included Excluded §3.262(k)

Money Included Included Included Included

\(6\) Value of maintenance by relative, friend,

or organization Excluded Excluded Excluded Excluded §3.262(c)

\(7\) Rental value of property owned by and Excluded Excluded Excluded
Excluded

resided in by claimant

\(8\) Charitable donations Excluded Excluded Included Excluded §3.262(d)

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*spouses, and spouses, and*

*children) children)*

\(9\) Family allowance authorized by service

personnel Included Included Included Included

\(10\) Reasonable value of allowances to

person in service in addition to base pay Included Included Included
Included except

as earned income

of child-claimant

\(11\) Mustering-out pay Excluded Included Excluded Included except

as earned income

of child-claimant

\(12\) Six-months' death gratuity Excluded Excluded Excluded Excluded

\(13\) Bonus or similar cash gratuity paid by any

State based on service in Armed Forces

of United States Excluded Excluded Excluded Excluded

\(14\) Retired Serviceman's Family Protection

Plan; Survivor Benefit Plan (10 U.S.C. ch. 73):

Retired Serviceman's Family Protection

Plan (Subch. I):

Annuities Excluded Excluded Excluded Excluded

Refund (10 U.S.C. 1446) Included Included Included Included

Survivor Benefit Plan (Subch. II)

(Pub. L. 92-425; 86 Stat. 706) Included Included Included Included
§3.262(e)

Annuity under §653, Pub. L. 100-456 Included Included Excluded Excluded
§3.262(r)

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*spouses, and spouses, and*

*children) children)*

\(15\) Retirement pay received direct from

service department Included Included Included Included §3.262(e)

§3.262(h)

\(16\) Retirement benefits; general Included Included Included Included
§3.262(e)

\(17\) Social security benefits:

Old age and survivors', and

disability insurance Included Included Included Included §3.262(f)

Charitable programs Excluded Excluded Included Excluded

Lump-sum death payments Included Excluded Included Excluded

Supplemental security income Excluded Excluded Included Excluded

\(18\) Railroad Retirement benefits Excluded Included Disability
Included §3.262(g)

pension---

Excluded;

Death pension---Included

\(19\) Retirement pay waived under Federal

statute Excluded Excluded Excluded Included §3.262(h)

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*spouses, and spouses, and*

*children) children)*

\(20\) Department of Veterans Affairs payments:

Pension Excluded Excluded Excluded Excluded

Compensation and dependency and

indemnity compensation Excluded Excluded Excluded Excluded

World War I adjusted compensation Excluded Included Excluded Included

U.S. Government life insurance or national

service life insurance for disability or death,

maturity of endowment policies, and dividends,

including special and termination dividends Excluded Excluded Excluded
Excluded

Servicemembers' group life insurance Excluded Excluded Excluded Excluded

Veterans' group life insurance Excluded Excluded Excluded Excluded

Servicemembers' indemnity Excluded Excluded Excluded Excluded

Subsistence allowance (38 U.S.C. ch. 31) Included Included Included
Included

Veterans educational assistance in excess

of amounts expended for training

(38 U.S.C. ch. 34) Included Included Included Included

Educational assistance (38 U.S.C. ch. 35) \-\-- \-\-- Excluded Excluded

Special allowance under 38 U.S.C. 1312(a) Excluded Included Excluded
Included

Statutory burial allowance Excluded Excluded Excluded Excluded

Accrued Excluded Included, except Excluded Included, except

accrued as accrued as

reimbursement reimbursement

\(21\) Compensation (civilian) for injury or death Included Included
Included Included §3.262(i)

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*(parents) spouses, and spouses, and*

*children) children)*

\(22\) Contributions by a public or private employer to a:

Public or private health or hospitalization

plan for an active or retired employee Excluded Excluded Excluded
Excluded

Retired employee as reimbursement for

premiums for supplementary medical

insurance benefits under the Social

Security Program (Pub. L. 91-588;

84 Stat. 1580) Included Included Excluded Excluded

\(23\) Overtime pay; Government employees Included Included Disability
Included

pension---Excluded.

Death pension---

Included

\(24\) Commercial life insurance; disability, accident,

or health insurance, less payments of medical

or hospital expenses resulting from the accident

or disease for which payments are made. Included (as Included (as
Included, Included(as §3.262(j)

received) received) (special received)

provision)

\(25\) Commercial annuities or endowments Included (as Included
Included, Included §3.262(j)

received) (special (special (special

provision) provision) provision)

\(26\) Dividends from commercial insurance Excluded Excluded Excluded
Excluded

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*(parents) spouses, and spouses, and*

*children) children)*

\(27\) Insurance under Merchant Marine Act

of 1936, as amended Included Included Included Included

\(28\) Reimbursement for casualty loss

(Pub. L. 100-456). Included Excluded Included Included §3.262(t)

Other fire insurance Excluded Excluded Excluded Excluded §3.262(t)

\(29\) Bequests, devises and inheritances:

Property Included Excluded Included Excluded §3.262(k)

Money Included Included Included Included

Joint bank accounts Included Included Included Excluded §3.262(k)(1)

\(30\) Profit from sale of property Excluded Excluded Excluded Excluded
§3.262(k)

\(31\) Jury duty or obligatory civic duties Excluded Excluded Excluded
Excluded

\(32\) Relocation payments (Pub. L. 90-448;

Pub. L. 90-495) Excluded Excluded Excluded Excluded §3.262(c)

\(33\) The following programs administered by the ACTION agency:

Foster Grandparent Program and Older

Americans Community Service Programs

payments (Pub. L. 93-29; 87 Stat. 55) Excluded Excluded Excluded
Excluded §3.262(q)(1)

Volunteers in Service to America (VISTA),

University Year for ACTION (UYA),

Program for Local Services (PLS),

ACTION Cooperative Volunteers (ACV),

Foster Grandparent Program (FGP), and

Older American Community Service Programs,

Retired Senior Volunteer Program (RSVP),

Senior Companion Program (Pub. L. 93-113;

87 Stat. 394) Excluded Excluded Excluded Excluded §3.262(q)(2)

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*(parents) spouses, and spouses, and*

*children) children)*

\(34\) The Service Corps of Retired Executives (SCORE)

and Active Corps of Executives (ACE) administered

by the Small Business Administration.

(Pub. L. 93-113; 87 Stat. 394) Excluded Excluded Excluded Excluded
§3.262(q)(2)

\(35\) Agent Orange settlement payments

(Pub. L. 101-201) Excluded Excluded Excluded Excluded §3.262(s)

\(36\) Restitution to individuals of Japanese

ancestry (Pub. L. 100-383). Excluded Excluded Excluded Excluded
§3.262(u)

\(37\) Income received by American Indian

beneficiaries from Trust or

Restricted lands (Pub. L. 103-66) Excluded Excluded Excluded Excluded
§3.262(v)

\(38\) Income received under Section 6 of the

Radiation Exposure Compensation Act

(Pub. L. 101-426) Excluded Excluded Excluded Excluded §3.262(w)

\(39\) Cash, stock, land or other interests received

from a Native Corporation under the

Alaska Native Claims Settlement Act

(43 U.S.C. 1601, *et seq*.) Excluded Excluded Excluded Excluded
§3.262(x)

\(40\) Monetary allowance under 38 U.S.C.

chapter 18 for certain individuals

who are children of Vietnam veterans

(38 U.S.C. 1823(c)) Excluded Excluded Excluded Excluded §3.262(y)

*Pension; Pension;*

*Dependency old-law Section 306*

\(a\) *Income Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*(parents) spouses, and spouses, and*

*children) children)*

\(41\) Income received under the Victims of

Crime Act of 1984 (42 U.S.C. 10601-

10605). Excluded^1^ Excluded^1^ Excluded^1^ Excluded^1^ §3.262(z)

\(42\) Income received under Medicare prescription

drug discount card and transitional

assistance program

(42 U.S.C. 1395w--141(g)(6)). Excluded Excluded Excluded Excluded
§3.262(aa)

\(b\) *Deduction of Amounts Paid by Claimant*

\(1\) Unusual medical expenses Not authorized Authorized Not authorized
Authorized §§3.262(b)(1), & (l)

\(2\) Veteran: just debts, expenses of

last illness, and burial Not authorized Authorized, Not authorized
Authorized §§3.262(m) & (o)

except debts

\(3\) Veteran's spouse or child:

expenses of last illness and

burial Not authorized Not authorized Not authorized Authorized §3.262(n)

\(4\) Parent's spouse: just debts;

expenses of last illness

and burial Not authorized Authorized \-\-- \-\-- §3.262(o)

\(5\) Prepayments on real property

mortgage after death of

spouse (Pub. L. 91-588) Not authorized Not authorized Not authorized
Authorized §3.262(k)(6)

*Pension; Pension;*

*Dependency old-law Section 306*

*Dependency and indemnity (veterans, (veterans, See*

*(parents) compensation surviving surviving*

*(parents) spouses, and spouses, and*

*children) children)*

\(c\) *Corpus of estate* Considered Not considered Not considered
Considered §3.263

conditionally

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1\. The compensation received through a crime victim compensation
program will be excluded from income computations 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.

Reserved