TN 37 (03-02)

Citations:

Section 201 of Public Law (P.L.) 104-193;

Section 1611(e)(4) of the Social Security Act;

Section 207 of P.L. 106-169

A. Policy

1. Ineligibility Criteria

A person is ineligible for SSI for 10 years if he/she was convicted in Federal or State court of having fraudulently misrepresented residence in order to obtain simultaneously:

• benefits or services from two or more States under programs funded under title IV or title XIX of the Social Security Act or the Food Stamp Act of 1977, or

• benefits in 2 or more States under the SSI program.

This provision was effective August 22, 1996 and repealed December 14, 1999. Therefore, this policy was effective only from August 22, 1996 through December 13, 1999. The policy is superseded by the enactment of administrative sanctions as described in GN 02604.400.

2. Effective Date of 10-Year Period

The 10-year period begins on the date the person is convicted in Federal or State court as described in SI 00501.060A.1. However, the first month for which an individual may be ineligible for SSI benefits under this provision may not begin before August 1, 1996. The last month covered under this policy is November 1999.

a. Initial Claims

The earliest possible date of SSI ineligibility is the month in which the person is convicted, or, August 1, 1996, whichever is later. No one falls under this policy beginning December 1, 1999.

b. Posteligibility Cases

The date of suspension is the month in which the person is convicted or, August 1, 1996, whichever is later. No date of suspension can be later than, or go beyond, November 30, 1999.

B. Procedure - FO Learns of Conviction - Development/Documentation

If an SSI claimant or recipient may fall under this policy, contact the regional office. The regional office will, in turn, contact central office to discuss how to process the case.

C. Procedure - Reports to Teleservice Center (TSC)/Spike Unit

If a TSC or SPIKE Unit member learns of a conviction under this provision provide the caller with the address of the servicing field office (FO) for the individual.