SI 02305: Redeterminations of Eligibility and/or Payment Amount
TN 54 (11-06)
A. Introduction
This section provides procedures for developing recipient allegations about home ownership, rental information, and inside ISM and cash contributions from inside the household during the RZ interview.
B. Description of RZs Completed on MSSICS Screens
Opening a “REDETERMINATION with or without RECAPs” event creates a MSSICS “path” that will guide the interviewer to the appropriate screens to document allegations and evidence relating to home ownership, rental information, and inside in-kind support and maintenance.
C. Description of Form SSA-8202-BK - Question 4
Question 4 on the SSA-8202-BK - “Since the date above, has anyone given you (or your spouse living with you) any money, food, or a free place to live, or helped you pay your bills or your rent?”
NOTE: Question 4 on the SSA-8202-BK elicits information about both inside and outside ISM. See SI 02305.102 and SI 00835.520B for developing outside ISM for RZs.
D. Description of Form SSA-8203-BK - Question 9
Question 9 on the SSA-8203-BK has seven parts:
Parts of Question 9
Do you (or your spouse living with you) own or are you buying the place where you live?
Do you (or your spouse living with you) rent the place where you live?
If you are a child recipient living with your parents, do your parents own or rent the place where you live?
Does someone else who lives with you own or rent the place where you live?
If the place where you live is rented, give: [landlord's name, address, phone and the amount of the monthly rent.]
If the place where you live is rented, are you (or anyone living with you) the parent or child of your landlord or your landlord's spouse?
If a. or b., is answered “yes,” does any one who lives with you (other than your spouse) pay for or give you money for food, mortgage or rent, property insurance or taxes, heating fuel, gas, electricity, water, sewerage, or garbage collection services?
E. Procedure - General
1. General - SSA-8203-BK
Skip all of the sub-parts in Question 9 of the SSA-8203-BK and Question 6 on the SSA-3988-OCR-SM if the recipient's permanent residence is an institution.
Line through “yes/no” blocks for questions that do not have to be asked because of the case characteristics.
EXAMPLE: A recipient alleges that she owns the house where she lives. You already know from other responses on the form that she is not married and lives alone. Therefore, it would be unnecessary to ask questions 2 through 7.
2. RZs Conducted in Texas
For RZs on cases involving a resident of Texas charged with receiving type “H” (in-kind support and maintenance) unearned income, see Dallas Regional POMS instructions on processing Diaz cases at SI DAL 00835.380C.
3. RZs Conducted in Indiana, Illinois, Wisconsin, Connecticut, New York and Vermont
For RZs involving residents of Indiana, Illinois, Wisconsin, Connecticut, New York and Vermont who receive type “H” income, see SI 00835.380.
F. Procedures - Home Ownership - Recipient
Developing allegations related to recipient home ownership as follows:
1. If recipients allege home ownership or no home ownership
If recipients allege home ownership or no home ownership and other information in SSA records agrees, do not develop recipient home ownership.
2. If recipients allege home ownership
If recipients allege home ownership and other information in SSA records conflicts, determine when home ownership was attained. Document the mortgage payment amount. Indicate “PAID OFF,” if appropriate.
NOTE: This is a lead for possible unstated income.
3. If recipients allege no home ownership
If recipients allege no home ownership and other information in SSA records conflicts, determine whether ownership was transferred or sold. Develop using the following POMS references:
SI 01110.600B.4., Receipts from Sale, Exchange, or Replacement of a Resource
SI 01150.001, Validity of a Transfer
SI 01130.110, Home Replacement Exclusion
SI 01130.100, Home Ownership as a General Exclusion
G. Procedure - Rental Liability - Recipient
Develop allegations related to recipient rental liability as follows:
1. Recipients allege rental liability or no rental liability – SSA Records Agree
If recipients allege rental liability or no rental liability and other information in SSA records agrees, do not develop recipient rental liability.
2. Recipients allege rental liability or no rental liability –SSA Records Conflict
If recipients allege rental liability or no rental liability and other information in SSA records conflicts, develop rental liability, as necessary, per SI 00835.120.
H. Procedure - Home Ownership/Rental Liability - Parents
Information about parental home ownership/rental liability assists in determining whether the one-third reduction applies.
Develop allegations related to parental home ownership and rental liability, as follows:
If child recipients allege that their parents:
Own or rent the place where they live and other information in SSA records agrees, do not develop parental home ownership or rental liability.
Do not own or rent the place where they live and other information in SSA records agrees, do not develop parental home ownership or rental liability.
Own or rent the place where they live and other information in SSA records conflicts, develop home ownership or rental liability as necessary, per SI 00835.110 - SI 00835.120.
Do not own or rent the place where they live and other information in SSA records conflicts, determine whether home ownership was transferred or sold and develop as necessary per SI 01110.600B.4., SI 01150.001, and SI 01130.110 or develop rental liability per SI 00835.120, whichever is appropriate.
I. Procedure - Rent-Free Shelter
Develop allegations related to rent-free shelter received by the recipient, as follows:
-
If recipients allege no one else living with them owns or rents the place where they live and alleges no home ownership or rental liability by themselves or parents:
Consider rent-free shelter and develop per SI 00835.370, or
Consider shelter as remuneration for services and develop per SI00835.390.
REMINDER: The individual does not have rental liability if he/she alleges that all of the rent is paid, by providing services (SI 00835.120).
If recipients allege no one else living with them owns or rents the place where they live and allege recipient or parental home ownership or rental liability, do not develop rent-free shelter.
If recipients allege someone else living with them owns or rents the place where they live and allegations of recipient or parental home ownership or rental liability are “NO” or “YES,” do not develop rent-free shelter.
J. Procedure - Landlord Information
Documentation of landlord information is only required when rental liability is alleged and the recipient or anyone else in the household is the landlord's parent, child, or spouse.
Document the landlord's:
Name
Address
Phone number
Monthly Rent
K. Procedure - Rental Subsidy
Develop allegations related to a possible rental subsidy, as follows:
If recipients allege that their residence is rented but no one in the household is the landlord's parent, child, or spouse and other information in SSA records agrees, do not develop rental subsidy.
-
If recipients allege that their residence is rented and they or someone else living with them is the landlord's parent, child, or spouse:
Document the name of the household member who is related.
Develop rental subsidy per SI 00835.380 and SI 00835.380 and SI 00835.520.
NOTE: See SI 02305.091E.2. for RZs being conducted for residents of Texas, Indiana, Illinois, Wisconsin, Connecticut, New York and Vermont.
-
If the recipients allege that their residence is rented and no one else living with them is the landlord's parent, child, or spouse and other information in SSA records conflicts:
Document the name of the household member who is related.
Develop rental subsidy per SI 00835.380 and SI 00835.520.
NOTE: See SI 02305.091E.2. for RZs being conducted for residents of Texas, Indiana, Illinois, Wisconsin, Connecticut, New York and Vermont.
L. Procedure - ISM And Cash Contributions From Inside The Household
On the paper forms, this question uncovers contributions toward household expenses by other members of the household if the recipient has ownership interest or rental liability.
Develop allegations about possible receipt of ISM or cash contributions from inside the household as follows.
If recipients allege home ownership or rental liability and no one living with them contributes toward living expenses (per SI 02305.091E.7.) and other information in SSA records agrees, do not develop ISM or cash contributions from inside the household.
-
If recipients allege home ownership or rental liability and someone living with them contributes or no one contributes and other information in SSA records conflicts:
Develop per SI 00835.340, SI 00835.450B. and SI 00835.520B., as necessary.
Complete a SSA-8006-F4 (see SI 00835.600) or MSSICS screens, as appropriate. If changes (breakpoints) are identified, new LA iteration(s) will be needed in MSSICS cases.