SI 00835: Living Arrangements and In-Kind Support and Maintenance
TN 46 (03-99)
A. When to use this section
Use this section in both initial claim and posteligibility situations when an individual alleges being a member of a public assistance (PA) household and:
PA household is the highest applicable LA basis in the prescribed sequence of development in SI 00835.001B.; or
you have established an LA basis at a level higher in the prescribed sequence of development, but the existence of a PA household will eliminate development for inside ISM.
B. Policy
1. Public Assistance Household Defined
A public assistance household is one in which every member receives some kind of public income- maintenance payments (which this section refers to as “PA payments”). These are payments made under:
Title IV-A of the Social Security Act —Aid to Families with Dependent Children (AFDC) and Temporary Assistance for Needy Families (TANF) (For AFDC see SI 00830.400 and for TANF see SI 00830.403);
Title XVI of the Social Security Act (SSI, including federally administered State supplements and State administered mandatory supplements);
The Refugee Act of 1980 (those payments based on need) (SI 00830.645 ff);
The Disaster Relief and Emergency Assistance Act (SI 00830.620);
General assistance programs of the Bureau of Indian Affairs (SI 00830.800);
State or local government assistance programs based on need (tax credits or refunds are not assistance based on need) (SI 00830.175); or
Department of Veterans Affairs programs (those payments based on need) (SI 00830.300).
2. Valuation of ISM
An individual who lives in a PA household does not receive any ISM from other household members and so cannot be subject to the VTR. If the household receives outside ISM or if the individual receives ISM to One from a source outside the household, it is subject to valuation under the PMV rule.
C. Definition — receipt of PA
For purposes of this section, receipt of PA means that an individual:
receives a cash payment from, or has a vendor payment made on his/ her behalf by, a program listed in SI 00835.130B.1. above;
is in the current payment cycle of a program listed in SI 00835.130B.1. even if its regular payment is less frequent than monthly (e.g., it pays quarterly or semiannually); or
has an initial SSI claim pending and meets all the non-disability eligibility requirements in the month for which an LA/ISM determination is being made.
D. Procedure — determining when “PA HOUSEHOLD” STATUS EXISTS
| If a member of an otherwise all-PA household... | and | then determine that a PA household... |
|---|---|---|
| is found ineligible for PA received over a retroactive period | is eligible on a current basis | continues to exist. |
| is also ineligible for current PA | no longer exists with the first month in which he/she does not receive a PA payment. | |
| has not received PA payments | is awaiting a decision on anon-SSI PA claim | does not exist. |
| is awaiting a decision on an SSI claim or an initialSSI payment | exists if an initial SSI claim is pending and all non-disability requirements are met in the month for which an LA/ISM determination is being made. EXAMPLE: Ms. Smith files for SSI aged benefits on 9/ 15/97. She is determined to be eligible for payments beginning with 10/1/ 97. Her only roommate, Ms. Jones, filed an SSI disability claim on 6/12/ 97. As of 9/97, the month for which an LA/ISM determination is needed for Ms. Smith, Ms. Jones has an initial claim pending and meets all non-disability requirements. Therefore, PA household status exists as of 9/97. |
|
| has been considered receiving SSI pending a disability determination |
is found medically eligible |
continues to exist. |
| is found medically ineligible |
no longer exists for any other SSI member of the household with the first month after the disability determination. EXAMPLE: In May, Mr. Metz and Mr. Carson, who live in a household by themselves, file for SSI benefits on the basis of age and disability, respectively. Both meet the non-disability criteria in May and a PA household exists. Mr. Metz receives his first SSI check in June. In August, Mr. Carson is determined not to be disabled. Therefore, Mr. Metz is no longer in a PA household beginning in September. |
NOTE: If a member of an otherwise all-PA household is a child who does not receive AFDC or TANF because of a payment cap, see SI 00835.340B.2.b.
E. Procedure — documentation of PA household
1. Initial Claims
a. Only One SSI Claimant in Household
If there is only one SSI claimant in the household, document the file, for each month in question, to substantiate receipt of PA payments by each household member other than the SSI claimant. Such evidence may take the form of an award letter, report of contact with the paying agency, etc.
b. More Than One SSI Claimant in the Same Household
If there is more than one SSI claimant in the same household:
document the file that, for the month an LA/ISM determination is being made, all of the claimants have SSI initial claims pending and meet all of the non-disability eligibility requirements;and
follow a. above for any remaining household members.
2. Posteligibility
-
Document existence of a PA household per 1. above only if:
an individual alleges a PA household has come into existence;
there is an alleged change in household composition (see b. below if the only change is that someone moved out); or
there is a material discrepancy between the individual's allegation and information in file or on the SSR.
-
Document the file with an individual's statement (signed or on DROC) if he/she alleges that:
the only change is that a member of the PA household has moved out; and
all remaining members continue to receive PA payments.
Document the results of a person's moving out, using D. above, if that action results in loss of PA household status. (For example, a child AFDC recipient's departure may result in loss of AFDC for another household member.)
3. System Coding - Case Characteristics (CG field)
Code a CG entry of “LA22” if you establish existence of a PA household. (See SM 01005.525 and SM 01301.785.)
F. References
Assistance programs with governmental involvement/general, SI 00830.165
Temporary Assistance for Needy Families, SI 00830.403
Breakpoints, SI 00835.510
Multiple deeming situations — operating procedures, SI 01320.640