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Holocaust or Nazi Victim Reparations -- Effect on Medicaid, SSI and other Federally Funded and New York State Benefits

February 27, 2012

This article was authored by the Evelyn Frank Legal Resources Program of Selfhelp Community Services, Inc.

Under a 1994 law, (h.r. 1873 or public law 103-286), Holocaust compensation payments made to individuals based on their status as victims of Nazi persecution are  excluded from being counted as income and resources in determining both eligibility for and the amount of benefits  to be provided under any Federally funded program based on financial need.    This means payments made to victims of Nazi persecution do not increase the countable income, and therefore do not increase the Medicaid "spend-down" of Holocaust survivors and other Nazi victims.   Savings accumulated from reparations are not counted as resources.   The same exemption applies to Supplemental Security Income, Food Stamps and Federally subsidized Housing programs.

The article is part of New York Health Access website.  NY Health Access is a website created and maintained by Empire Justice, Self-Help, Inc., and the Legal Aid Society of New York City.  The site has proved extremely helpful to advocates across the state and is enjoying over 10,000 visits a day since its launch at the end of 2009.


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