[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Proposed Rules]
[Pages 42601-42607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20964]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AE71
Effective Date of Application for Supplemental Security Income
(SSI) Benefits
AGENCY: Social Security Administration (SSA).
ACTION: Proposed rules.
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SUMMARY: We propose to revise our regulations to reflect and implement
section 204 of Pub. L. 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Section 204 changed the date an
SSI application is effective so that the earliest month for which
benefits can be paid is the month following the month in which the
application is filed. Section 204 also made related changes concerning
emergency advance payments (EAPs), interim assistance reimbursements
(IARs) and in the definition of ``eligible spouse''.
DATES: To be sure that your comments are considered, we must receive
them no later than October 9, 1998.
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 Office of Process and Innovation Management, Social
Security Administration, L2109 West Low Rise, 6401 Security Boulevard,
Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on regular
business days. Comments received may be inspected during these same
hours by making arrangements with the contact person shown below.
FOR FURTHER INFORMATION CONTACT: Loretta Tabacca, Social Insurance
Specialist, Office of Program Benefits Policy, Division of Eligibility
and Enumeration Policy, Social Security Administration, 6401 Security
Boulevard, Baltimore, MD 21235, (410) 965-9881.
SUPPLEMENTARY INFORMATION:
Background
These proposed regulations would reflect and implement section 204
of Pub. L. 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, which applies to applications for SSI
benefits filed on or after August 22, 1996.
Section 204(a), which amended section 1611(c)(7)(A) and (B) of the
Social Security Act (the Act), changed the effective date of an SSI
application. For applications for SSI benefits filed on or after August
22, 1996, the effective date of an SSI application is the first day of
the month following the later of: the date the application is filed;
or, the date the individual becomes eligible for such benefits with
respect to such application. The change in law affects the point at
which SSI benefits can begin. Before the change in law, an individual
could receive SSI benefits for the month in which an application for
benefits was filed, and the amount of benefits for that month was
prorated based on the number of days in that month that the individual
met all factors of eligibility. Under section 204(a), the first month
for which benefits can be paid is the month following the month that
all eligibility requirements, including filing an application, are met.
In view of this era of heightened fiscal responsibility, Congress
enacted the change to the SSI application effective date, which has a
minimal (less than 30 days of benefits) effect on an individual's
benefit amount.
Effective August 22, 1996, section 204(b) of Pub. L. 104-193, which
amended section 1631(a)(4)(A) of the Act, made some changes to the EAP
process. It added the authority to make EAPs in the month of
application to individuals who would be at least presumptively eligible
for benefits the month following the date that the application is
filed. Section 204(b) also provided that these EAPs are to be repaid
through proportional deductions in SSI benefit payments over a period
of not more than 6 months.
Since January 1974, when it first became effective, title XVI of
the Act has authorized issuance of EAPs in situations of marked
financial need among new claimants. These EAPs are expedited payments
of funds based upon an applicant's status as presumptively meeting all
of the requirements for eligibility. These EAPs will continue to be
recovered from any retroactive SSI benefit payments.
Section 204(c)(1) of Pub. L. 104-193, which amended section 1614(b)
of the Act, made a conforming change in the definition of an ``eligible
spouse'' to conform to the change made by section 204(a) with respect
to the effective date of an application. Under this change, in order
for couple computation rules to apply in determining the amount of
benefits to be paid in the first month that both members of a couple
are eligible for payment of SSI benefits, the couple must be living in
the same household on the first day of the month following the date the
application for benefits was filed. Prior to this change, the couple
had to be living in the same household on the date the application was
filed in order for the couple computation rules to apply to the first
month both members of the couple were eligible for payment.
Section 204(c)(2) also made a conforming amendment to section
1631(g)(3) of the Act concerning reimbursement of States under IAR
agreements. Consistent with the change made by section 204(a) in the
effective date of an application for SSI benefits, States may continue
to be reimbursed for interim assistance furnished for meeting basic
needs during the period beginning with the month the individual becomes
eligible for payment of SSI benefits.
Explanation of Revisions
To reflect and implement section 204(a), we propose amending
Secs. 416.200, 416.203, 416.211, 416.262, 416.305, 416.315, 416.330,
416.335, 416.420, 416.421, 416.501, 416.502, 416.1160, 416.1163,
416.1165, 416.1245 and 416.1335 as follows:
We propose to revise Secs. 416.200 and 416.203 to reflect the
statutory change made by section 204(a) under which the first month for
which an individual who meets all the basic eligibility requirements
listed in Sec. 416.202 may receive SSI benefits is the month after the
month he or she meets these eligibility requirements (see
Sec. 416.501). An individual cannot become eligible for payment of SSI
benefits until the month after the month in which the individual first
becomes eligible for SSI benefits. We also propose to amend the last
sentence of Sec. 416.200 to update a cross-reference.
We also propose conforming amendments to paragraph (a)(1) of
Sec. 416.211. As a result of the statutory change, an individual who is
a resident of a public institution at the time he or she first applies
for and meets all other eligibility factors for SSI benefits, will be
ineligible for payment of SSI benefits until the first day of the month
following the day of the individual's release from the institution.
We propose to revise Sec. 416.262 to clarify, consistent with
section 1619 of
[[Page 42602]]
the Act, that in order for an individual to be eligible for special SSI
cash benefits, the individual must have been eligible for payment of a
regular SSI benefit in a prior month. As noted previously, the earliest
month in which an individual can become eligible for payment of SSI
benefits is the month after the month in which the application for
benefits was filed.
We propose to revise Sec. 416.305(a) to clarify that filing an
application assures that the individual receives benefits for any
months that individual is determined eligible to receive payment. This
clarification reflects the statutory change which ended payment of
benefits for the first month in which an individual becomes eligible
for benefits.
We also propose to revise the example in paragraph (c) of
Sec. 416.315 to illustrate that the earliest month for which benefits
can be paid is the month following the month in which the individual
first becomes eligible for benefits.
We also propose an amendment to our regulations at Sec. 416.330(a)
to reflect the statutory change affecting the first month for which
benefits can be paid. We propose to revise Sec. 416.330(a) to state
that when an individual files an application before all the
requirements for eligibility are met, the earliest month for which the
application can be effective for payment is the month following the
month that all requirements are met. We also propose to delete the
language describing proration of benefits in the first month of
eligibility to reflect the fact that section 204 ended such proration.
In addition, we also propose to amend Sec. 416.330(b) to state that if
an individual meets all the requirements for eligibility after the
period for which the application was in effect and a new application is
filed, the earliest month for which benefits can be paid is the first
month following the month that all the eligibility requirements are met
based on the filing of the new application.
We propose to revise Sec. 416.335 to state that when an individual
files an application in or after the month all the other requirements
for eligibility are met, the application cannot be the basis for
payment before the first day of the month following the month that the
application was filed. We also propose to delete the language that
pertains to proration of benefits in the first month of eligibility.
We also propose to amend Secs. 416.420 and 416.421 to clearly state
the different policies on when SSI benefits can be paid based on the
filing of an application and a resumption of benefits after at least
one month of ineligibility. The change in law which is effective for
applications filed on or after August 22, 1996, effectively ends the
proration of SSI benefits based on the day of the month that an
application was filed. Proration of benefits continues to apply to
resumption of benefits in posteligibility situations.
Additionally, we propose to revise Secs. 416.501 and 416.502 to
clarify that when an individual files an application for SSI benefits,
the earliest month for which payment can be made is the month following
the month of initial eligibility. When eligibility is reestablished
after at least one month of ineligibility, benefits can be prorated for
the first month of reeligibility.
We propose to revise Secs. 416.1160(b)(2), 416.1163(e), and
416.1165(f) to clarify that, in initial claims situations, the first
month in which deeming applies for purposes of determining the amount
of a benefit is the month an individual is first eligible for payment.
These revisions conform to the legislative change affecting the date an
SSI application is effective for payment. We also propose to correct
the cross-references in Sec. 416.1166(d) to accurately reflect the
current reference in the regulations.
We propose to revise Sec. 416.1245(b) to conform to the legislative
change affecting the date an individual can receive SSI payments,
specifically conditional benefits, following the application effective
date. As a result of the legislative change, the months of payment
eligibility may not coincide with the months of the conditional
benefits disposal period. Additionally, the payment period, and thus
the resulting overpayment, may be different for initial claims and
posteligibility situations. Therefore, we are eliminating references to
9 months of conditional benefit payments and revising the regulations
to refer only to benefits received during the conditional benefits
period.
Finally, in order to implement section 204(a), we propose to amend
Sec. 416.1335 to reflect the fact that, as a result of the statutory
change, a period of benefit suspension can begin when an individual is
no longer eligible for SSI benefits even though that person had not
received any SSI benefits because the person's only month of
eligibility was prior to the effective date of the application.
To reflect the provisions of section 204(b) which expanded the
authority of SSA to issue EAPs, we propose to amend Sec. 416.520(a),
(b), and (c) to clarify that we have the authority to issue an EAP in
the month that an application is filed even though that month is prior
to the effective date of the application and prior to when the
individual can be eligible to receive SSI benefits. We also propose to
revise Sec. 416.520(d) to reflect the amendment made by section 204(b)
providing that an EAP shall be repaid through proportional reduction in
benefits payable over a period of not more than 6 months. Consistent
with our longstanding policy and this new statutory provision, if past-
due SSI benefits awarded to the individual exceed the amount of the
EAP, the entire amount of the EAP will be deducted from the past-due
benefits. Finally, we propose to amend the definition of
``presumptively eligible'' in Sec. 416.520(b)(4) to clarify that all of
the requirements for eligibility are involved.
To reflect the changes made by section 204(c)(1), we propose to
revise the definition of ``eligible spouse'' in Sec. 416.1801(c). The
law changed the point at which SSA determines whether an eligible
individual and eligible spouse are an eligible couple. Eligible couple
determinations in these situations previously were made when an
application was filed but now will be made as of the first day of the
month following the date the application is filed. In addition, we
propose to amend Sec. 416.1801(c) to correct an erroneous cross-
reference in the definition of ``spouse''.
To reflect the conforming amendment made by section 204(c)(2), we
propose to amend the definition of interim assistance in Sec. 416.1902
to state that interim assistance begins with the first month of
eligibility for payment of SSI benefits.
Electronic Versions
The electronic file of this document is available on the Federal
Bulletin Board (FBB) at 9 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
Regulatory Flexibility Act
We certify that these proposed regulations will not have a
significant economic impact on a substantial number of small entities
because they affect only individuals. Thus, a regulatory flexibility
analysis as provided in the Regulatory Flexibility Act, as amended, is
not required.
[[Page 42603]]
Executive Order 12866
These proposed rules reflect and implement the provisions of
sections 204(a), (b) and (c) of Pub. L. 104-193. The Office of
Management and Budget (OMB) has reviewed these proposed rules and
determined that they meet the criteria for an economically significant
regulatory action under Executive Order 12866. These proposed
regulations also meet the definition of a ``major rule'' under 5 U.S.C.
801 ff., and the following cost and benefit assessment fulfills the
requirements of those provisions as well. In addition, SSA has
determined, as required under the aforementioned statute, that these
proposed regulations do not create any unfunded mandates for State or
local entities pursuant to sections 202-205 of the Unfunded Mandates
Act of 1995.
Projected Costs
Under the statutory change, individuals who file an SSI application
on or after August 22, 1996 cannot receive SSI benefits for the first
month of eligibility; therefore, benefits will begin later. The cost to
individuals is illustrated in the following example: Assuming section
204(a) had not been enacted, an individual who filed an SSI application
on August 22, 1996, having met all the requirements for eligibility in
that month, would have received an August 1996 SSI benefit amount of
$121.80. (The SSI benefit amount was computed using the national
average SSI monthly payment amount for the total SSI population for
August 1996 of $377.58 and prorating that amount for 10 days (August 22
through August 31).) Since section 204(a) was enacted, the same
individual would have received no payment for August 1996, the first
month of eligibility. The cost to this individual would be $121.80.
Potential Benefits
Since these proposed rules reflect statutory changes which delay
the effective date of payment of SSI benefits, we project that there
will be reduced outlays from general revenues.
Program Costs
There are no program costs associated with these proposed rules.
Program Savings
It is estimated that due to the legislation there will be reduced
program outlays resulting in the following savings (in millions of
dollars) to the SSI program ($780 million in a 6 year period):
----------------------------------------------------------------------------------------------------------------
FY1998 FY1999 FY2000 FY2001 FY2002 FY2003 Total
----------------------------------------------------------------------------------------------------------------
$120........... $125 $130 $130 $135 $140 $780
----------------------------------------------------------------------------------------------------------------
There are no costs or savings to the Medicaid program as a result
of the change to the application effective date. Though the Health Care
Financing Administration (HCFA) had initially projected Medicaid
savings from this provision due to the loss of coverage resulting from
the elimination of payment of SSI benefits for the month in which the
SSI application is filed, subsequent manual guidance from HCFA allowed
States to provide Medicaid coverage during this month (as well as the
usual 3-month retroactive period). Consequently, the initial estimated
savings have been eliminated and, overall, there is no Medicaid cost
effect.
Administrative Costs
We anticipate negligible administrative costs (i.e., less than $1
million and 30 workyears). The administrative costs are the net of
additional workyears related to systems changes to reflect the point at
which benefits can now begin.
Administrative Savings
We do not anticipate any administrative savings to result from
these proposed regulations since eligibility must be determined from
the filing date as was the case before the effective date of these
proposed rules.
Policy Alternatives
There are no discretionary policies involved in implementing
section 204 (a), (b) and (c). Therefore, we find no need to consider
alternative policies.
Paperwork Reduction Act
These proposed 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: May 15, 1998.
Kenneth S. Apfel,
Commissioner of Social Security.
For the reasons set forth in the preamble, we are proposing to
amend subparts B, C, D, E, K, L, M, R, and S 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 B--[Amended]
1. The authority citation for subpart B of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c),
1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C.
902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383,
and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155
(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48
U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C.
1382h note).
2. Section 416.200 is revised to read as follows:
Sec. 416.200 Introduction.
You are eligible for SSI benefits if you meet all the basic
requirements listed in Sec. 416.202. However, the first month for which
you may receive SSI benefits is the month after the month in which you
meet these eligibility requirements. (See Sec. 416.501.) You must give
us any information we request and show us necessary documents or other
evidence to prove that you meet these requirements. We determine your
eligibility for each month on the basis of your countable income in
that month. You continue to be eligible unless you lose your
eligibility because you no longer meet the basic requirements or
because of one of the reasons given in Secs. 416.210 through 416.216.
3. Section 416.203 is amended by revising paragraph (b) to read as
follows:
Sec. 416.203 Initial determinations of SSI eligibility.
* * * * *
(b) How we determine your eligibility for SSI benefits. We
determine that you are eligible for SSI benefits for a given month if
you meet the requirements in Sec. 416.202 in that month. However, you
cannot become eligible for payment of SSI benefits until the month
after the month in which you first become eligible for SSI benefits
(see Sec. 416.501).
[[Page 42604]]
In addition, we usually determine the amount of your SSI benefits for a
month based on your income in an earlier month (see Sec. 416.420).
Thus, it is possible for you to meet the eligibility requirements in a
given month but receive no benefit payment for that month.
4. Section 416.211 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 416.211 You are a resident of a public institution.
(a) General rule. (1) Subject to the exceptions described in
paragraphs (b), (c), and (d) of this section and Sec. 416.212, you are
not eligible for SSI benefits for any month throughout which you are a
resident of a public institution as defined in Sec. 416.201. In
addition, if you are a resident of a public institution when you apply
for SSI benefits and meet all other eligibility requirements, you
cannot be eligible for payment of benefits until the first day of the
month following the day of your release from the institution.
* * * * *
5. Section 416.262 is amended by revising paragraph (a) to read as
follows:
Sec. 416.262 Eligibility requirements for special SSI cash benefits.
* * * * *
(a) You were eligible to receive a regular SSI benefit or a
federally administered State supplementary payment (see Sec. 416.2001)
in a month before the month for which we are determining your
eligibility for special cash benefits as long as the month was not in a
prior period of eligibility which has terminated according to
Secs. 416.1331 through 416.1335;
* * * * *
Subpart C--[Amended]
6. The authority citation for subpart C of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1611, and 1631(a), (d), and (e) of
the Social Security Act (42 U.S.C. 902(a)(5), 1382, and 1383(a),
(d), and (e)).
7. Section 416.305 is amended by revising paragraph (a) (2) to read
as follows:
Sec. 416.305 You must file an application to receive supplemental
security income benefits.
(a) * * *
(2) Assure that you receive benefits for any months you are
eligible to receive payment; and
* * * * *
8. Section 416.315 is amended by revising the example in paragraph
(c) to read as follows:
Sec. 416.315 Who may sign an application.
* * * * *
(c) * * *
Example: Mr. Smith comes to a Social Security office to file an
application for SSI disability benefits for Mr. Jones. Mr. Jones,
who lives alone, just suffered a heart attack and is in the
hospital. He asked Mr. Smith, whose only relationship is that of a
neighbor and friend, to file the application for him. We will accept
an application signed by Mr. Smith since it would not be possible to
have Mr. Jones sign and file the application at this time. SSI
benefits can be paid starting with the first day of the month
following the month the individual first meets all eligibility
requirements for such benefits, including having filed an
application. If Mr. Smith could not sign an application for Mr.
Jones, a loss of benefits would result if it is later determined
that Mr. Jones is in fact disabled.
9. Section 416.330 is revised to read as follows:
Sec. 416.330 Filing before the first month you meet the requirements
for eligibility.
If you file an application for SSI benefits before the first month
you meet all the other requirements for eligibility, the application
will remain in effect from the date it is filed until we make a final
determination on your application, unless there is a hearing decision
on your application. If there is a hearing decision, your application
will remain in effect until the hearing decision is issued.
(a) If you meet all the requirements for eligibility while your
application is in effect, the earliest month for which we can pay you
benefits is the month following the month that you first meet all the
requirements.
(b) If you first meet all the requirements for eligibility after
the period for which your application was in effect, you must file a
new application for benefits. In this case, we can pay you benefits
only from the first day of the month following the month that you meet
all the requirements based on the new application.
10. Section 416.335 is revised to read as follows:
Sec. 416.335 Filing in or after the month you meet the requirements
for eligibility.
When you file an application in the month that you meet all the
other requirements for eligibility, the earliest month for which we can
pay you benefits is the month following the month you filed the
application. If you file an application after the month you first meet
all the other requirements for eligibility, we cannot pay you for the
month in which your application is filed or any months before that
month. See Secs. 416.340, 416.345 and 416.350 on how a written
statement or an oral inquiry made before the filing of the application
form may affect the filing date of the application.
Subpart D--[Amended]
11. The authority citation for subpart D of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1611(a), (b), (c), and (e), 1612,
1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1382(a), (b), (c), and (e), 1382a, 1382f, and 1383).
12. Section 416.420 is amended by revising paragraphs (b)(1)
through (3) to read as follows:
Sec. 416.420 Determination of benefits; general.
* * * * *
(b) Exceptions to the general rule--(1) First month of initial
eligibility for payment or the first month of eligibility after a month
of ineligibility. We use your countable income in the current month to
determine your benefit amount for the first month you are initially
eligible for payment of SSI benefits (see Sec. 416.501) or for the
first month you again become eligible for SSI benefits after at least a
month of ineligibility. Your payment for a first month of reeligibility
after at least one month of ineligibility will be prorated according to
the number of days in the month that you are eligible beginning with
the date on which you reattain eligibility.
Example: Mrs. Y applies for SSI benefits in September and meets
the requirements for eligibility in that month. (We use Mrs. Y's
countable income in September to determine if she is eligible for
SSI in September.) The first month for which she can receive payment
is October (see Sec. 416.501). We use Mrs. Y's countable income in
October to determine the amount of her benefit for October. If Mrs.
Y had been receiving SSI benefits through July, became ineligible
for SSI benefits in August, and again became eligible for such
benefits in September, we would use Mrs. Y's countable income in
September to determine the amount of her benefit for September. In
addition, the proration rules discussed above would also apply to
determine the amount of benefits in September in this second
situation.
(2) Second month of initial eligibility for payment or second month
of eligibility after a month of ineligibility. We use your countable
income in the first month prior to the current month to determine how
much your benefit amount will be for the current month when the current
month is the second month of initial eligibility for payment or the
second month of reeligibility following at least a month of
ineligibility. However, if you have been
[[Page 42605]]
receiving both an SSI benefit and a Social Security insurance benefit
and the latter is increased on the basis of the cost-of-living
adjustment or because your benefit is recomputed, we will compute the
amount of your SSI benefit for January, the month of an SSI benefit
increase, by including in your income the amount by which your Social
Security benefit in January exceeds the amount of your Social Security
benefit in December.
Example: Mrs. Y was initially eligible for payment of SSI
benefits in October. Her benefit amount for November will be based
on her countable income in October (first prior month).
(3) Third month of initial eligibility for payment or third month
of eligibility after a month of ineligibility. We use your countable
income according to the rule set out in paragraph (a) of this section
to determine how much your benefit amount will be for the third month
of initial eligibility for payment or the third month of reeligibility
after at least a month of ineligibility.
Example: Mrs. Y was initially eligible for payment of SSI
benefits in October. Her benefit amount for December will be based
on her countable income in October (second prior month).
* * * * *
13. Section 416.421 is amended by removing the first sentence of
paragraph (a) and by removing the example at the end of paragraph (b).
Subpart E--[Amended]
14. The authority citation for subpart E of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1601, 1602, 1611(c) and (e), and
1631(a)-(d) and (g) of the Social Security Act (42 U.S.C. 902(a)(5),
1381, 1381a, 1382(c) and (e), and 1383(a)-(d) and (g)); 31 U.S.C.
372OA.
15. Section 416.501 is revised to read as follows:
Sec. 416.501 Payment of benefits: General.
Payment of SSI benefits will be made for the month after the month
of initial eligibility and for each subsequent month provided all
requirements for eligibility (see Sec. 416.202) and payment (see
Sec. 416.420) are met. In the month the individual re-establishes
eligibility after at least a month of ineligibility, benefits are paid
for such a month beginning with the date in the month on which the
individual meets all eligibility requirements. In some months, while
the factors of eligibility based on the current month may be
established, it is possible to receive no payment for that month if the
factors of eligibility for payment are not met. Payment of benefits may
not be made for any period that precedes the first month following the
date on which an application is filed or, if later, the first month
following the date all conditions for eligibility are met.
16. Section 416.502 is amended by revising the first sentence to
read as follows:
Sec. 416.502 Manner of payment.
For the month an individual reestablishes eligibility after a month
of ineligibility, an SSI payment will be made on or after the day of
the month on which the individual becomes reeligible to receive
benefits. * * *
17. Section 416.520 is amended by revising the first two sentences
in paragraph (a) and by revising paragraphs (b)(1) and (b)(4), (c)
introductory text, (c)(1) and (d) to read as follows:
Sec. 416.520 Emergency advance payment.
(a) General. We may pay a one-time emergency advance payment to an
individual initially applying for benefits who is presumptively
eligible for SSI benefits and who has a financial emergency. The amount
of this payment cannot exceed the Federal benefit rate (see
Secs. 416.410 through 416.414) plus the federally administered State
supplementary payment, if any (see Sec. 416.2020), which apply for the
month for which the payment is made. * * *
(b) * * *
(1) Emergency advance payment means a direct, expedited payment by
a Social Security Administration field office to an individual or
spouse who is initially applying (see paragraph (b)(3) of this
section), who is at least presumptively eligible (see paragraph (b)(4)
of this section), and who has a financial emergency (see paragraph
(b)(2) of this section). * * *
* * * * *
(4) Presumptively eligible is the status of an individual or spouse
who presents strong evidence of the likelihood of meeting all of the
requirements for eligibility including the income and resources tests
of eligibility (see subparts K and L of this part), categorical
eligibility (age, disability, or blindness), and technical eligibility
(United States residency and citizenship or alien status--see subpart P
of this part).
(c) Computation of payment amount. To compute the emergency advance
payment amount, the maximum amount described in paragraph (a) of this
section is compared to both the expected amount payable for the month
for which the payment is made (see paragraph (c)(1) of this section)
and the amount the applicant requested to meet the emergency. The
actual payment amount is no more than the least of these three amounts.
(1) In computing the emergency advance payment amount, we apply the
monthly income counting rules appropriate for the month for which the
advance is paid, as explained in Sec. 416.420. Generally, the month for
which the advance is paid is the month in which it is paid. However, if
the advance is paid in the month the application is filed, the month
for which the advance is paid is considered to be the first month of
expected eligibility for payment of benefits.
* * * * *
(d) Recovery of emergency advance payment where eligibility is
established. When an individual or spouse is determined to be eligible
and retroactive payments are due, any emergency advance payment amounts
are recovered in full from the first payment(s) certified to the United
States Treasury. However, if no retroactive payments are due and
benefits are only due in future months, any emergency advance payment
amounts are recovered through proportionate reductions in those
benefits over a period of not more than 6 months. (See paragraph (e) of
this section if the individual or spouse is determined to be
ineligible.)
* * * * *
Subpart K--[Amended]
18. 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, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211, Pub. L.
93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
19. Section 416.1160 is amended by revising paragraph (b)(2)(i),
and redesignating paragraphs (b)(2)(ii) and (b)(2)(iii) as paragraphs
(b)(2)(iii) and (b)(2)(iv), respectively, and adding a new paragraph
(b)(2)(ii), to read as follows:
Sec. 416.1160 What is deeming of income.
* * * * *
(b) * * *
(2) * * *
(i) We use the income from the first month you are initially
eligible for payment of SSI benefits (see Sec. 416.501) to determine
your benefit amount for that month. In the following month (the second
month you are eligible for payment), we use the same countable income
that we used in the preceding
[[Page 42606]]
month to determine your benefit amount.
(ii) To determine your benefit amount for the first month you again
become eligible after you have been ineligible for at least a month, we
use the same countable income that we use to determine your eligibility
for that month. In the following month (the second month of
reeligibility), we use the same countable income that we used in the
preceding month to determine your benefit amount.
* * * * *
20. Section 416.1163 is amended by revising paragraph (e)(1) to
read as follows:
Sec. 416.1163 How we deem income to you from your ineligible spouse.
* * * * *
(e) Determining your SSI benefit. (1) In determining your SSI
benefit amount, we follow the procedure in paragraphs (a) through (d)
of this section. However, we use your ineligible spouse's income in the
second month prior to the current month. We vary this rule if any of
the exceptions in Sec. 416.1160(b)(2) applies (for example, if this is
the first month you are eligible for payment of an SSI benefit or if
you are again eligible after at least a month of being ineligible). In
the first month of your eligibility for payment (or re-eligibility), we
deem your ineligible spouse's income in the current month to determine
both whether you are eligible for a benefit and the amount of your
benefit. In the second month, we deem your ineligible spouse's income
in that month to determine whether you are eligible for a benefit but
we deem your ineligible spouse's income in the first month to determine
the amount of your benefit.
* * * * *
21. Section 416.1165 is amended by revising paragraph (f) to read
as follows:
Sec. 416.1165 How we deem income to you from your ineligible
parent(s).
* * * * *
(f) Determining your SSI benefit. In determining your SSI benefit
amount, we follow the procedure in paragraphs (a) through (d) of this
section. However, we use your ineligible parents' income in the second
month prior to the current month. We vary this rule if any of the
exceptions in Sec. 416.1160(b)(2) applies (for example, if this is the
first month you are eligible for payment of an SSI benefit or if you
are again eligible after at least a month of being ineligible). In the
first month of your eligibility for payment (or re-eligibility) we deem
your ineligible parents' income in the current month to determine both
whether you are eligible for a benefit and the amount of your benefit.
In the second month we deem your ineligible parents' income in that
month to determine whether you are eligible for a benefit but we again
use your countable income (including any that was deemed to you) in the
first month to determine the amount of your benefit.
* * * * *
22. Section 416.1166 is amended by revising paragraph (d) to read
as follows:
Sec. 416.1166 How we deem income to you and your eligible child from
your ineligible spouse.
* * * * *
(d) Determining your eligibility for SSI benefits and benefit
amount. We then follow the rules in Sec. 416.1163(c) to find out if any
of your ineligible spouse's current monthly income is deemed to you
and, if so, to determine countable income for a couple. Next, we follow
paragraph (e) of this section to determine your child's eligibility.
However, if none of your spouse's income is deemed to you, none is
deemed to your child. Whether or not your spouse's income is deemed to
you in determining your eligibility, we determine your benefit amount
as explained in Sec. 416.1163(e).
* * * * *
Subpart L--[Amended]
23. The authority citation for subpart L 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).
24. Section 416.1245 is amended by revising paragraphs (b)(1),
(b)(2)(v) and (b)(5) to read as follows:
Sec. 416.1245 Exceptions to required disposition of real property.
* * * * *
(b) Reasonable efforts to sell. (1) Excess real property is not
included in countable resources for so long as the individual's
reasonable efforts to sell it have been unsuccessful. The basis for
determining whether efforts to sell are reasonable, as well as
unsuccessful, will be a 9-month disposal period described in
Sec. 416.1242. If it is determined that reasonable efforts to sell have
been unsuccessful, further SSI payments will not be conditioned on the
disposition of the property and only the benefits paid during the 9-
month disposal period will be subject to recovery. In order to be
eligible for payments after the conditional benefits period, the
individual must continue to make reasonable efforts to sell.
(2) * * *
(v) The 9-month disposal period has expired.
* * * * *
(5) An individual who has received conditional benefits through the
expiration of the 9 month disposal period and whose benefits have been
suspended as described at Sec. 416.1321 for reasons unrelated to the
property excluded under the conditional benefits agreement, but whose
eligibility has not been terminated as defined at Secs. 416.1331
through 416.1335, can continue to have the excess real property not
included in countable resources upon reinstatement of SSI payments if
reasonable efforts to sell the property resume within 1 week of
reinstatement. Such an individual will not have to go through a
subsequent conditional benefits period. However, the individual whose
eligibility has been terminated as defined at Secs. 416.1331 through
416.1335 and who subsequently reapplies would be subject to a new
conditional benefits period if there is still excess real property.
Subpart M--[Amended]
25. The authority citation for subpart M of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1611-1615, 1619, and 1631 of the
Social Security Act (42 U.S.C. 902(a)(5), 1382-1382d, 1382h, and
1383).
26. Section 416.1335 is amended by revising the second sentence to
read as follows:
Sec. 416.1335 Termination due to continuous suspension.
* * * We will count the 12-month suspension period from the start
of the first month that you are no longer eligible for SSI benefits
(see Sec. 416.1321(a)) or the start of the month after the month your
special SSI eligibility status described in Sec. 416.265 ended. * * *
Subpart R--[Amended]
27. The authority citation for subpart R of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1614(b), (c), and (d), and
1631(d)(1) and (e) of the Social Security Act (42 U.S.C. 902(a)(5),
1382c(b), (c), and (d), and 1383(d)(1) and (e)).
28. Section 416.1801(c) is amended by revising paragraph (3)(i) in
the definition of ``Eligible spouse'' and by correcting a cross-
reference in the
[[Page 42607]]
definition of ``Spouse'' to read as follows:
Sec. 416.1801 Introduction.
* * * * *
(c) * * *
Eligible Spouse * * *
(3) * * *
(i) The first day of the month following the date the application
is filed (for the initial month of eligibility for payment based on
that application);
* * * * *
Spouse means a person's husband or wife under the rules of
Sec. 416.1806.
* * * * *
Subpart S--[Amended]
29. The authority citation for subpart S of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5) and 1631 of the Social Security Act
(42 U.S.C. 902(a)(5) and 1383).
30. Section 416.1902 is amended by revising the definition of
``interim assistance'' to read as follows:
Sec. 416.1902 Definitions.
* * * * *
Interim assistance means assistance the State gives you, including
payments made on your behalf to providers of goods or services, to meet
your basic needs, beginning with the first month for which you are
eligible for payment of SSI benefits and ending with, and including,
the month your SSI payments begin, or assistance the State gives you
beginning with the day for which your eligibility for SSI benefits is
reinstated after a period of suspension or termination and ending with,
and including, the month the Commissioner makes the first payment of
benefits following the suspension or termination if it is determined
subsequently that you were eligible for benefits during that period. It
does not include assistance the State gives to or for any other person.
If the State has prepared and cannot stop delivery of its last
assistance payment to you when it receives your SSI benefit payment
from us, that assistance payment is included as interim assistance to
be reimbursed. Interim assistance does not include assistance payments
financed wholly or partly with Federal funds.
* * * * *
[FR Doc. 98-20964 Filed 8-7-98; 8:45 am]
BILLING CODE 4190-29-P
