(b) Payments that do not constitute collateral source compensation. The following payments received by claimants do not constitute collateral source compensation:
- (1) The value of services or in-kind charitable gifts such as provision of emergency housing, food, or clothing; and
- (2) Charitable donations distributed to the beneficiaries of the decedent, to the injured claimant, or to the beneficiaries of the injured claimant by privately funded charitable entities; provided however, that the Special Master may determine that funds provided to victims or their families through a privately funded charitable entity constitute, in substance, a payment described in paragraph (a) of this section.
- (3) Tax benefits received from the Federal government as a result of the enactment of the Victims of Terrorism Tax Relief Act.