A. Computing Mandatory Minimum State Supplements

As explained in SI 02005.082-.086, use of the State’s rules to determine countable income may result in a different amount than that determined under Federal rules. There are certain categories of cases where this is likely to occur:

1. Eligible couple cases

2. Deemed income cases

3. Earned income cases

4. In-kind income cases

5. BCI cases

Certain income-counting terms are used for SSI purposes that relate to Livermore case processing. Income computed using the State’s rules is known as State countable income (SCI). SCI for December 1973 is used to derive an SCI minimum income level (MIL). See SI SF02005.082 on establishing the correct MIL for California cases.

Beginning July 1981, MILs have been increased by the addition of COLA passalong increments to determine if a mandatory minimum state supplement (MMSS) is due. The lower of Federal countable income (CI/FR) or BCI is used to determine the Federal and any optional statement supplement (OSS) due. If the MMSS computed is larger than the OSS, the MMSS is due and force due is required.

B. Effect of Livermore Decision on Mandatory Minimum State Supplements

Prior to the Livermore decision, BCI did not equal SCI since BCI was computed using only some of the of the State plan income rules. Because the court required SSI to follow California’s total Aid to the Blind plan to determine countable income, BCI equals SCI in most cases (see note below about exceptions). For individuals who were being paid under the Livermore decision using BCI, SCI is not used to compute Federal payment, OSS, and MMSS.

NOTE: The only time BCI does not equal SCI is when the recipient has a special need for attendant care service (see SI SF01201.519B). These cases should be extremely rare.

C. Determining If MMSS is Due

Add the SCI in January 1974 to the grant amount (GA) on the system to determine the SCI MIL. The maximum correct MIL for a blind converted recipient is $253 (prior to the addition of COLA passalong increments). If the SCI MIL computation yields a MIL greater than $253, it is probably due to the recipient having income which was unknown to the State prior to conversion. It is no longer possible to verify the States’ records because they have been destroyed. Therefore, if the SCI MIL computed is greater than $253, reduce the GA to bring the MIL down to $253 (we allow the recipient the benefit of the doubt by assuming he had a maximum MIL).

If the SCI itself is greater than $253, i.e., the GA would be zero, the recipient was erroneously converted. MIL corrections are not subject to administrative finality, but changes in the MMSS computation are subject to administrative finality. See SM 01301.705 - SM 01301.706 for instructions on processing MIL reductions and erroneous conversions. Note that, if the recipient was erroneously converted, he/she does not have a right to BCI procedures and is not properly a member of the Livermore class.