[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Rules and Regulations]
[Pages 59812-59813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29187]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AE05
Definition of United States (U.S.) Resident; Religious Record of
Birth or Baptism as Evidence of Citizenship; Plan to Help Blind and
Disabled Individuals Achieve Self-Support
AGENCY: Social Security Administration (SSA).
ACTION: Final rules.
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SUMMARY: These final regulations clarify SSA's policies on the
definition of a U.S. resident and the acceptable types of evidence for
proving status as a U.S. citizen or national. They clarify that, for
purposes of the Supplemental Security Income (SSI) program, resident of
the U.S. means the individual has established an actual dwelling place
in the U.S. and plans to continue living in the U.S. These final
regulations also clarify that, for purposes of the SSI program, a
religious record of a birth or baptism in the U.S. must have been
recorded in the U.S. within 3 months of the birth, in addition to
showing that the individual was born in the U.S., in order to be
acceptable evidence that the individual is a U.S. citizen or a national
of the U.S. In addition, these final regulations correct a
typographical error in the wording regarding income that is used or set
aside to be used under a plan to become self-supporting.
EFFECTIVE DATE: These regulations are effective December 5, 1997.
FOR FURTHER INFORMATION CONTACT: Lois Berg, Legal Assistant, Division
of Regulations and Rulings, Social Security Administration, 6401
Security Boulevard, Baltimore, MD 21235, (410) 965-1713. For
information on eligibility, claiming benefits, or coverage of earnings,
call our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION:
Background
To be eligible for SSI benefits, an individual must be a resident
of the U.S. (one of the 50 States, the District of Columbia, or the
Northern Mariana Islands). Generally, a person becomes a resident when
he or she arrives in the U.S., establishes an actual dwelling place in
the U.S., and plans to continue living in the U.S.
Our regulation at Sec. 416.1603(b) currently defines resident of
the U.S. as ``a person who is living within the geographical limits of
the United States.'' This definition is vague because it could be read
to imply that mere presence, such as that of a visitor, is sufficient
to establish residency. In addition, it does not fully support the
evidence of residency documents required to establish U.S. residency
listed in Sec. 416.1603(a).
Section 416.1603(b) of these final regulations specifies that an
individual must establish an actual dwelling place in the U.S. and
intend to continue living in the U.S. to be considered a U.S. resident.
Clarification of this section of the regulations is necessary to
address problems that have arisen where individuals have established
U.S.
[[Page 59813]]
residency under current regulations, but do not intend to live in the
U.S.
In evaluating evidence of residency for SSI purposes, the term
actual dwelling place will encompass different types of living
situations including the situation of a homeless individual.
Another requirement for eligibility for SSI benefits is that an
individual must be either a citizen or national of the U.S. or a
qualified alien as defined in 8 U.S.C. 1641(b) who meets one of the
exceptions in 8 U.S.C. 1612(a)(2). Section 416.1610 of the regulations
lists the various types of evidence that an individual can submit as
proof that he or she is a citizen or national. Among the acceptable
types of evidence for a U.S. citizen or national is a religious record
of birth or baptism which shows the individual was born in the U.S.
However, Sec. 416.1610(a)(2) currently does not specify that the place
of recordation must be in the U.S., nor does it set any time limits on
when the record must have been established.
Prior SSA studies have shown that religious records of birth or
baptism recorded in the U.S. within 3 months of birth are generally
reliable. Records made after 3 months of birth are more prone to fraud.
While not a foolproof fraud deterrent, these final regulations will
help to limit fraud by lessening the chance of an individual later
coming into the U.S. and using a fraudulent religious record of birth
or baptism to obtain SSI benefits.
Explanation of Revisions
In these final regulations, we are revising Sec. 416.1603(b) to
define precisely what we mean by ``living within the geographical
limits of the United States'' and to reflect the evidence required by
Sec. 416.1603(a). We are also revising Sec. 416.1610(a)(2) to specify
that, in addition to showing that the individual was born in the U.S.,
a religious record of birth or baptism must have been recorded in the
U.S. within 3 months of birth.
In addition, we are correcting a typographical error in the wording
of the second sentence in Sec. 416.1180 concerning income that is used
or set aside to be used under a plan to become self-supporting.
On April 22, 1996, we published proposed rules in the Federal
Register at 61 FR 17609 and provided a 60-day period for interested
individuals to comment. We received no comments. We are, therefore,
publishing these final rules unchanged.
Regulatory Procedures
Regulatory Flexibility Act
We certify that these final regulations will not have a significant
economic impact on a substantial number of small entities because they
only affect individuals who claim benefits under title XVI of the
Social Security Act. Therefore, a regulatory flexibility analysis as
provided in Public Law 96-354, the Regulatory Flexibility Act, is not
required.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these final regulations do not meet the criteria
for a significant regulatory action under Executive Order 12866. Thus,
they were not subject to OMB review.
Paperwork Reduction Act
These final regulations impose no reporting/recordkeeping
requirements necessitating clearance by OMB.
(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).
Dated: October 27, 1997.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set forth in the preamble, we are amending
subparts K and P of part 416 of chapter III of title 20 of the Code of
Federal Regulations as set forth below.
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,
Pub. L. 93-66, 87 Stat 154 (42 U.S.C. 1382 note).
2. Section 416.1180 is amended by revising the second sentence to
read as follows:
Sec. 416.1180 General.
* * * If you are blind or disabled, we will pay you SSI benefits
and will not count the part of your income that you use or set aside to
use under a plan to become self-supporting. * * *
Subpart P--[Amended]
3. The authority citation for subpart P of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1614(a)(1)(B) and (e), and 1631 of
the Social Security Act (42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and
(e), and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L. 94-241, 90 Stat.
268 (48 U.S.C. 1681 note).
4. Section 416.1603 is amended by revising paragraph (b) to read as
follows:
Sec. 416.1603 How to prove you are a resident of the United States.
* * * * *
(b) What ``resident of the United States'' means. We use the term
resident of the United States to mean a person who has established an
actual dwelling place within the geographical limits of the United
States with the intent to continue to live in the United States.
* * * * *
3. Section 416.1610 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 416.1610 How to prove you are a citizen or a national of the
United States.
(a) * * *
(2) A certified copy of a religious record of your birth or
baptism, recorded in the United States within 3 months of your birth,
which shows you were born in the United States;
* * * * *
[FR Doc. 97-29187 Filed 11-4-97; 8:45 am]
BILLING CODE 4190-29-P
