TN 50 (06-16)

Citations:

Social Security Act, Sec. 1614

20 CFR 416.1101; 416.1160; 416.1165; 416.1851; 416.1856; 416.1866; 416.1872; 416.1881

A. Introduction to determining child status for SSI purposes

A child for SSI purposes, according to the Social Security Act, is neither married, nor the head of a household, as defined in SI 00501.010D in this section; and is either:

• under age 18, or

• under age 22 and a student regularly attending school, college, or training that is designed to prepare him or her for a paying job, according to instructions in SI 00501.020.

There are different requirements for determining SSI child status in particular situations, as follows:

1. When we use these instructions

Follow instructions in this section and in SI 00501.015 to determine if someone is a child who is in a parent-child relationship for purposes of:

• deeming parental income and resources;

• applying allocations for ineligible children in an SSI eligible individual’s or an SSI eligible child’s household; and

• excluding one-third of the child support received from a parent who is absent from the household.

2. When we do not use these instructions

Do not follow these instructions when you need to determine child status for certain purposes other than those specified in SI 00501.010A.1. in this section. Instead, follow instructions in:

• DI 11055.001 to apply the SSI childhood disability definition;

• DI 11005.016 to complete childhood disability forms and questionnaires;

• GN 00501.010 to determine whether someone is a parent for representative payment purposes;

• SI 00501.020 to apply the student earned income exclusion (SEIE);

• SI 00502.000 to determine the alien status of a child;

• SI 00515.004 to determine whether a “minor child” is required to give permission to contact financial institutions;

• SI 00830.314 to determine the portion of a veteran’s augmented Veterans Affairs benefit attributable to a child;

• SI 00830.099 (income) and SI 01130.050 (resources) to exclude assistance to a child as specified by certain Federal statutes other than the Social Security Act;

• SI 01150.120 through SI 01150.123 to apply an exception to the ineligibility period for transferring a resource to a child at less than fair market value; and

• SI 02101.007 to determine if a parent may be paid SSI benefits due a deceased child.

B. Determining child status for parent-child deeming, applying the ineligible child allocation, and excluding one-third of the income from child support

Use these instructions to determine SSI child status for the purposes listed in SI 00501.010A.1. in this section.

1. Determining SSI eligible child status for deeming of income and resources

For purposes of deeming of income and resources from an SSI ineligible parent or the current spouse of an ineligible parent (i.e., a stepparent), an SSI eligible child:

• is under age 18;

• is eligible for or applying for SSI disability or blindness payments;

• is neither married nor the head of a household; and

• is a member of the household of at least one ineligible parent. If the SSI eligible child’s parent has permanently left the household, deeming from a stepparent does not apply.

2. Determining SSI ineligible child status for the ineligible child deeming allocation  

For purposes of applying the ineligible child deeming allocation, an SSI ineligible child:

• is either under age 18, or under age 22 and regularly attending school, college, or training designed to prepare him or her for a paying job as described in SI 00501.020C.1.;

• is not eligible for SSI payments;

• is neither married nor the head of a household;

• is a member of the household of an SSI eligible individual/child who is subject to deeming of income; and

• is himself or herself the child of either:

  1. the SSI eligible individual;

  2. the living-with ineligible spouse of the SSI eligible individual;

  3. the SSI eligible child’s living-with parent; or

  4. the SSI eligible child’s stepparent. If an SSI eligible child’s stepparent has permanently left the household, we continue to provide the ineligible child allocation for each of the stepparent’s children remaining in the eligible child’s household.

3. Determining SSI eligible child status for excluding one-third of the child support received from an absent parent

For purposes of applying the one-third exclusion of child support from countable income, a child:

• is either under age 18, or under age 22 and regularly attending school, college, or training designed to prepare him or her for a paying job as described in SI 00501.020C.1.;

• is eligible for or applying for SSI disability or blindness payments;

• is neither married nor the head of a household; and

• receives child support from an absent parent (according to instructions in SI 00830.420).

C. Determining when child status ends

Status as an SSI child ceases effective with the month after the month he or she last meets the applicable requirements in SI 00501.010B.1. through SI 00501.010B.3. in this section.

D. Establishing head of household

1. Determining whether someone is the head of his or her household

A head of household is someone who is no longer under his or her parent’s or stepparent’s control, and:

• has left his or her parent’s or stepparent’s home on a permanent basis to be responsible for the day-to-day decisions on the operation of his or her own household;

• has left his or her parental home on a permanent basis to live with others, where everyone has an equal voice in the decision-making (e.g., a group of students sharing off-campus housing); or

• lives with his or her parent(s) or stepparent and makes the day-to-day decisions of the household (e.g., due to parental illness).

2. Initial simultaneous development claim systems input instructions for head of household under age 18, not transitioning out of foster care

If you establish in MSSICS that a claimant under age 18 is head of household (claim ID of DI) before having transferred the case to the Disability Determination Services (DDS) for a medical decision, you will prevent case handling in the Electronic Disability Collect System (EDCS), because EDCS assigns the conflicting claim ID of DC.

Instead, do not answer the head of household question on the MSSICS Home Ownership and Rental Liability screen for a simultaneously developed case until you have first established the disability portion of the claim in EDCS for any claimant who is:

• under age 18 and

• the head of his or her household but

• not in the process of transitioning out of foster care (under Title IV-E).

Re-enter MSSICS to answer the head of household question after you have established the claim in EDCS.

3. Initial claim systems input instructions for head of household under age 18, transitioning out of foster care

See systems input instructions in SI 00601.011D for a claimant who is under age 18 and transitioning out of foster care (under Title IV-E).

E. Obtaining evidence of child status

1. Evidence of a child’s age

Develop proof of age requirements according to instructions in GN 00302.290.

2. Evidence of a child’s marital status

Generally accept an allegation regarding the marital status of a child; however, develop marital status according to instructions in SI 00501.150 and SI 00501.152, when:

• the individual is under age 22 and has been married but now alleges that the marriage has ended; or

• you have information contrary to the allegation regarding the individual’s marital status.

F. References

• DI 11005.016 Forms Used in Disability Claims

• DI 11055.001 Title XVI Disability Claims

• GN 00302.290 Proof of Age Requirements for Supplemental Security Income (SSI)

• GN 00501.010 Definitions of Common Representative Payment Terms

• SI 00501.015 Determining Parent-Child Relationships for Supplemental Security Income (SSI) Purposes

• SI 00501.020 Student - SSI

• SI 00501.150 Determining Whether a Marital Relationship Exists

• SI 00501.152 Determining Whether Two Opposite-Sex Individuals Are Holding Themselves Out as a Married Couple

• SI 00502.000 SSI Alien Eligibility

• SI 00515.004 Good Cause — Minor Children

• SI 00601.011 Filing Supplemental Security Income (SSI) Applications for Disabled Youth Transitioning out of Foster Care

• SI 00820.510 Student Child Earned Income Exclusion

• SI 00830.099 Guide to Unearned Income Exclusions

• SI 00830.314 Augmented VA Benefits

• SI 00830.420 Child Support Payments

• SI 01130.050 Guide to Resources Exclusions

• SI 01150.120 Exceptions to the Ineligibility Period—General

• SI 02101.007 SSI Underpayment Due - Deceased Individual Was A Blind or Disabled Child When Underpayment Occurred - Payment to Parent(s) and/or Spouse