[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Page 7782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3240]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration
Rescission of Social Security Acquiescence Ruling 87-3(9)
AGENCY: Social Security Administration, HHS.
ACTION: Notice of rescission of Social Security Acquiescence Ruling 87-
3(9)-Hart v. Bowen, 799 F.2d 567 (9th Cir. 1986).
-----------------------------------------------------------------------
SUMMARY: In accordance with 20 CFR 416.1485(e) and 422.406(b)(2), the
Commissioner of Social Security gives notice of the rescission of
Social Security Acquiescence Ruling 87-3(9).
EFFECTIVE DATE: February 9, 1995.
FOR FURTHER INFORMATION CONTACT: Gary Sargent, Litigation Staff, Social
Security Administration, 6401 Security Blvd., Baltimore, MD 21235,
(410) 965-1695.
SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling
explains how we will apply a holding in a decision of a United States
Court of Appeals that we determine conflicts with our interpretation of
a provision of the Social Security Act or regulations when the
Government has decided not to seek further review of the case or is
unsuccessful on further review.
As provided by 20 CFR 416.1485(e)(4), a Social Security
Acquiescence Ruling may be rescinded as obsolete if we subsequently
clarify, modify or revoke the regulation or ruling that was the subject
of the circuit court holding for which the Acquiescence Ruling was
issued.
On May 6, 1987, we issued Acquiescence Ruling 87-3(9) to reflect
the holding in Hart v. Bowen, 799 F.2d 567 (9th Cir. 1986), that the
current market value of an installment sales contract resulting from
the sale of an individual's excluded home is part of the value of the
replacement home and thus excluded from countable resources for
Supplemental Security Income (SSI) purposes, provided the payments
generated by the installment sales contract were reinvested in the
excluded replacement home within three months of receipt of the
payments.
On August 23, 1994, we published our final regulation (59 FR
43283), revising section 416.1212 of Social Security Regulations No. 16
(20 CFR 416.1212), to clarify when the proceeds from the sale of an
excluded home, including the value of a promissory note or similar
installment sales contract and other proceeds from the sale (the
downpayment and monthly installment payments toward the principal),
will be excluded from being considered SSI resources. Because this
regulation addresses the Hart court's concerns and contains a thorough
explanation concerning how we treat proceeds from the sale of an
excluded home, we are rescinding Acquiescence Ruling
87-3(9).
(Catalog of Federal Domestic Assistance Programs No. 93.807
Supplemental Security Income.)
Dated: February 1, 1995.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 95-3240 Filed 2-8-95; 8:45 am]
BILLING CODE 4190-29-P
