SI 02305: Redeterminations of Eligibility and/or Payment Amount
TN 35 (11-99)
Cross-refer to SI 00502.153
A. Introduction
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provisions significantly affect aliens' eligibility for SSI payments. There are no questions on the RZ forms about the alien status since it does not apply to a majority of the general SSI population. However, the RZ interview provides the perfect opportunity to be certain our records show noncitizen recipients' current alien status codes. It is particularly important for recipients whose eligibility is time-limited.
This section provides information on the different alien statuses and changes that may affect the alien status codes.
B. List of alien categories and possible changes
Following is a chart that provides the alien categories and the possible changes that could occur that would change the status code on the record:
| CATEGORY. . . | POSSIBLE CHANGES. . . |
|---|---|
|
Lawfully Admitted for Permanent Residence (LAPR) |
Naturalization |
|
Refugee |
|
|
Asylee |
Same as refugee. |
|
Deportation or Removal Withheld |
Same as refugee and asylee. |
|
Parolee |
|
|
Military Service |
Separation —eligibility ends if discharge is not honorable or is based on alienage. (Eligibility factor.) |
|
Veterans |
|
|
Battery |
Adjustment to LAPR Status (Could permit eligibility for longer period. See SI 00502.140 B.7. for rules on eligibility based on battery.) |
|
NonQualified Grandfathered Alien |
|
C. Procedure
Following is the procedure to follow when conducting an RZ interview with noncitizen recipients:
| Step | Action |
|---|---|
| 1 | Has the alien status changed? |
| If yes, ask the alien recipient to provide the evidence needed to determine the correct alien status code so we can update our records and go to step 2. | |
| If no , and the individual is on one of the time- limited categories, explain the 7-year suspension rule. Explain how the time-limit affects them and suggest they apply for an adjustment to LAPR status (or naturalization) as soon as they meet the INS requirements. Refer them to INS if they need information about adjustment to LAPR status or naturalization. You do not need to do anything further. | |
| 2 | Did the recipient provide the evidence: |
| If yes , change the status code on the record. | |
| If no , go on to step 3. | |
| 3 | If alleged alien status change is not documented and is: |
|
IMPORTANT: Do not suspend benefits for failure to provide the information
D. References
Basic Alien Eligibility Requirements, SI 00502.100
General Alien Development, SI 00502.110
Verification of Alien Eligibility with INS, SI 00502.115
Time-Limited Eligibility for Refugees, Asylees, and Aliens With Deportation Withheld Under Section 243(h) (1996 Legislation), SI 00502.130
LAPR Alien with 40 Qualifying Quarters of Coverage (1996 Legislation), SI 00502.135
Veteran or Active Duty Member of the Armed Forces, a Spouse, or a Dependent Child (1996 Legislation), SI 00502.140
SSI Eligibility for Nonqualified Aliens Who Were Receiving SSI on 8/22/96-1998 “Grandfathering” Legislation