[Federal Register Volume 62, Number 16 (Friday, January 24, 1997)]
[Proposed Rules]
[Pages 3633-3634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1734]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AD86
Deeming in the Supplemental Security Income (SSI) Program When an
Ineligible Spouse or Parent Is Absent From the Household Due Solely to
Active Military Service
AGENCY: Social Security Administration.
ACTION: Proposed rule.
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SUMMARY: We are proposing to add a rule on how the income and resources
of ineligible spouses or parents affect the eligibility and benefit
amounts of Supplemental Security Income (SSI) claimants and recipients
when those spouses or parents are absent from their households due
solely to a duty assignment as a member of the Armed Forces on active
duty. We are proposing to add this rule because the current rules do
not reflect the provision of the Social Security Act (the Act), as
amended by the Omnibus Budget Reconciliation Act of 1993 (OBRA 1993),
that addresses this situation.
DATES: To be sure that your comments are considered, we must receive
them no later than March 25, 1997.
ADDRESSES: Comments should be submitted in writing to the Commissioner
of Social Security, P.O. Box 1585, Baltimore, MD 21235; sent by telefax
to (410) 966-2830; sent by E-mail to regulations@ssa.gov''; or,
delivered to the Division of Regulations and Rulings, Social Security
Administration, 3-B-1 Operations Building, 6401 Security Boulevard,
Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on regular
business days. Comments may be inspected during these same hours by
making arrangements with the contact person shown below.
FOR FURTHER INFORMATION CONTACT: Daniel T. Bridgewater, Legal
Assistant, Division of Regulations and Rulings, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410)
965-3298 for information about this rule.
SUPPLEMENTAry INFORMATION: Regulations at 20 CFR 416.1167(a) state that
a ``temporary'' absence, for SSI deeming purposes, occurs when an SSI
claimant/recipient, an ineligible spouse or parent, or an ineligible
child leaves the household but intends to, and does, return in the same
month or the month immediately following. If the absence is temporary,
we continue to consider the person a member of the household for
deeming purposes.
Under our policy prior to October 1, 1993, an ineligible spouse or
parent who was absent from an SSI claimant's or recipient's household
for any reason, including active duty military service, and whose
absence was not temporary (20 CFR 416.1167(a)), was not considered to
be a member of the household for deeming purposes effective with the
first day of the month following the month the spouse or parent left
the household.
Section 13733(a) of OBRA 1993 (Public Law 103-66) changed SSI
policy, effective October 1, 1993, on the treatment of ineligible
spouses and parents who are absent from deeming households solely
because of active duty military assignments. Under this legislation,
which added paragraph (4) to section 1614(f) of the Act, the service
member continues to be considered a member of the household, absent
evidence to the contrary, for income and resources deeming purposes.
Current regulations do not specifically address this situation.
The change in the deeming rules made by section 13733(a) of Public
Law 103-66 was intended to prevent an absent deemor's active military
service from adversely affecting an SSI claimant's or recipient's
benefits. Prior to the change in the deeming rules, and
[[Page 3634]]
under certain circumstances, it was possible for an individual to
receive a smaller SSI benefit--or no benefit at all--as a result of a
spouse's or parent's absence from the household due to military
service.
For SSI purposes, the treatment of an ineligible spouse's or
parent's earnings differs depending on whether the spouse or parent is
considered to be living in the same household as the SSI recipient. If
the spouse or parent is considered to be living in the same household
as the SSI recipient, the earnings are treated as earned income. If the
spouse or parent is not considered to be living in the same household,
any earnings that are made available to the household are treated as
unearned income. In the SSI program, more generous exclusions apply to
earned income than to unearned income.
For example, under prior policy, if an absent military member whose
income and resources were no longer deemed sent wages home, or his or
her wages were directly deposited into a bank account held jointly with
other family members, income so received by household members was
considered to be unearned for SSI eligibility and payment computation
purposes. In contrast, wages received while the military deemor resided
in the household were considered to be earned income for program
purposes. Accordingly, prior policy had the effect of disadvantaging
certain SSI claimants and recipients.
As a result of section 13733(a) of OBRA 1993, a military spouse's
or parent's absence from the SSI household because of an active duty
assignment is generally not considered for program purposes; the same
deeming rules that apply to ``at home'' spouses and parents will
generally apply to spouses and parents who are temporarily absent from
the household due to active duty military service. We propose to amend
our regulations at 20 CFR 416.1167 to reflect section 13733(a) of OBRA
1993.
However, the proposed regulation recognizes that circumstances may
change and an absent service member who originally intended to continue
to live in the deeming household may decide not to do so. Under the
proposed regulation, if an absent service member's intent to continue
to live in the household changes, deeming stops beginning with the
month following the month in which the intent changed.
We assume, absent evidence to the contrary, that the absent service
member intends to return to the deeming household upon conclusion of
the military assignment. ``Evidence to the contrary'' is evidence
indicating that the service member does not intend to return to the
deeming household upon conclusion of the military assignment. Evidence
to the contrary includes (but is not limited to) a signed statement by
the ``at home'' spouse or parent, or by the absent service member,
indicating that the service member does not intend to return to the
deeming household. Other examples of evidence to the contrary are
evidence of divorce or legal separation that will result in the service
member not returning to the deeming household. Also, diminished support
from the absent service member to the household--e.g., an absent spouse
who no longer makes his or her military wages available to the deeming
household--may be evidence that the absent service member no longer
intends to return to the deeming household.
Electronic Version
The electronic file of this document is available on the Federal
Bulletin Board (FBB) at 9:00 A.M. on the date of publication in the
Federal Register. To download the file, modem dial (202) 512-1387. The
FBB instructions will explain how to download the file and the fee.
This file is in WordPerfect and will remain on the FBB during the
comment period.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget and
determined that this rule does not meet the criteria for a significant
regulatory action under Executive Order 12866.
Regulatory Flexibility Act
We certify that this proposed rule will not have a significant
economic impact on a substantial number of small entities since this
rule affects only individuals. Therefore, a regulatory flexibility
analysis as provided in Public Law 96-354, the Regulatory Flexibility
Act, is not required.
Paperwork Reduction Act
This proposed rule imposes no additional reporting or recordkeeping
requirements subject to Office of Management and Budget clearance.
(Catalog of Federal Domestic Assistance: Program No. 96.006--
Supplemental Security Income)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Reporting and Recordkeeping
Requirements, Supplemental Security Income (SSI).
Approved: January 7, 1997.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set out in the preamble, part 416 of chapter III of
title 20 of the Code of Federal Regulations is proposed to be amended
as follows:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart K--[Amended]
1. The authority citation for subpart K of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211 of
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
2. Section 416.1167 is amended by adding new paragraph (c) to read
as follows:
Sec. 416.1167 Temporary absences and deeming rules.
* * * * *
(c) Active duty military service. If your ineligible spouse or
parent is absent from the household due solely to a duty assignment as
a member of the Armed Forces on active duty, we continue to consider
that person to be living in the same household as you, absent evidence
to the contrary. If we determine that during such an absence, evidence
indicates that your spouse or parent should no longer be considered to
be living in the same household as you, then deeming will cease. When
such evidence exists, we determine the month in which your spouse or
parent should no longer be considered to be living in the same
household as you and stop deeming his or her income and resources
beginning with the month following that month.
Example. Tom is a child who receives SSI. In January 1996, Tom's
father leaves the household due solely to an active duty assignment
as a member of the Armed Forces. Five months later in June 1996,
while Tom's father is still on an active duty assignment, Tom's
parents file for divorce. As a result, Tom's father will not be
returning to live in Tom's household. Therefore, Tom's father should
no longer be considered to be living in the same household with Tom.
Beginning July 1, 1996, deeming from Tom's father will cease.
[FR Doc. 97-1734 Filed 1-23-97; 8:45 am]
BILLING CODE 4190-29-P
