TN 3 (10-97)

A. Background

Prior to 1979, SSA did not routinely record information about an SSI applicant's alien status on the Supplemental Security Record (SSR).

B. Policy

On August 5, 1997, Public Law (P.L.) 105-33, the Balanced Budget Act of 1997 was enacted. The new law revised the Reconciliation Act of 1996 to allow certain SSI recipients who are receiving SSI benefits on the basis of very old applications to continue to be eligible for SSI when certain conditions are met.

The noncitizen provisions of the Reconciliation Act of 1996, as amended by the Balanced Budget Act of 1997, do not apply to any individual:

• who is receiving SSI benefits for months after July 1996 on the basis of an application filed before January 1, 1979; and

• for whom SSA lacks clear and convincing evidence that the recipient is an alien who would otherwise be ineligible for SSI benefits as described in SI 00502.100.

C. Procedure

1. Receiving SSI Benefits After July 1996 on the Basis of an Application Filed Before 1/1/79

Verify receipt of SSI benefits for months after July 1996 by querying the SSR and looking at the CMPH segment, payment status (PS) field for 08/96 (or the next earlier month shown, if no entry appears for 8/96). Check for PS C01, N01 or one of the other eligibility statuses listed in SI 00502.100B.1. Verify that SSI benefits are payable based on an application filed before 1/1/79 by looking at the PRSN segment, date of application (AP) field. This field should contain an entry in month/day/year format of 12/31/78 or earlier. It is not necessary to document the file with a printout of the SSI query.

2. Evidence of Alien Status

Assume, absent evidence to the contrary, that SSA does not have clear and convincing evidence that an individual receiving SSI benefits after July 1996 on the basis of an application filed before 1/1/79 is an alien ineligible for SSI benefits as described in SI 00502.100. If the individual contacts SSA, advise him/her that SSI benefits will continue as long as the individual meets all other eligibility requirements. Do not ask for evidence of alien status unless evidence must be obtained because of a reported change in status.

EXCEPTION: If the individual provides SSA with evidence of his/her alien status, the evidence must be evaluated as described in these instructions to determine the individual's continuing eligibility for SSI. If the evidence submitted indicates that the individual is ineligible, follow instructions in SI 00502.100 ff. However, do not request such evidence when the individual contacts SSA but does not provide evidence of alien status.

D. REFERENCES

• Basic Alien Eligibility Requirements, SI 00502.100

• General Alien Development, SI 00502.110

• SSI Eligibility for Aliens Receiving Benefits on 8/22/96, SI 00502.150

• DHS Evidence of Alien Status, SI 00502.115

• General Notice Procedure, SI 00502.400 - SI 00502.500