TN 54 (10-11)

Citations:

20 CFR 416.1102 , 416.1110 and 416.1123(b)

A. Definition of garnishment or seizure

A garnishment or seizure is a withholding of an amount from earned or unearned income in order to satisfy a debt or legal obligation.

B. Policy for amounts garnished or seized

Garnished or seizure amounts withheld from earned or unearned income to satisfy a debt or legal obligation are income for Supplemental Security Income (SSI) purposes.

C. Policy for earned, unearned income, deeming, and court-ordered payments

1. Earned income

Wages are what an individual receives (before any deductions) for working as someone else's employee. For information on wages, see SI 00820.100.

2. Unearned income

For instructions on determining the amount of unearned income, if it involves garnishment or other withholding, see SI 00830.115.

3. Deeming and court ordered support payments

When the court orders garnishment of income of an ineligible spouse, parent, ineligible child, or eligible alien (sponsored by an ineligible spouse or parent) to pay court-ordered or title IV-D enforced support payments, for guidance see SI 01320.145.

D. Development and documentation

Determine the type of garnished or seized income from SI 00800.000, Income - Table of Contents. Follow development instructions for the appropriate type of income. Document the gross amount of the income following those instructions.