[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Rules and Regulations]
[Pages 42410-42411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20743]
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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: Final rule.
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SUMMARY: We are adding 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 adding 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: This rule is effective September 8, 1997.
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.
For information on eligibility or claiming benefits, call our
national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: Regulations at Sec. 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 (Sec. 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 (Pub. L. 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 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. Therefore, we are
amending our regulations at Sec. 416.1167 to reflect section 13733(a)
of OBRA 1993.
The statute and the rule recognize 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. Taking this into
consideration, under the final rule, we provide that 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.
On January 24, 1997, we published this final rule as a proposed
rule in the Federal Register at 62 FR 3633 with a 60-day comment
period. We received no comments during the public comment period.
Therefore, we are publishing the final rule unchanged from the proposed
rule.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget and
determined that this rule does not meet
[[Page 42411]]
the criteria for a significant regulatory action under Executive Order
12866.
Regulatory Flexibility Act
We certify that this 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 the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
This 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).
Dated: July 28, 1997.
John J. Callahan,
Acting Commissioner for 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 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. 97-20743 Filed 8-6-97; 8:45 am]
BILLING CODE 4190-29-P
