TN 46 (05-12)

Citations:

Public Law 93-66: Sec. 211

Regulations 20 CFR 416.220 through 416.223

A. Introduction

A qualified individual who has an essential person (EP) may be eligible for increased supplemental security income (SSI) benefits if he or she meets the criteria described in the following subsections.

B. Policy principles and definitions

1. Qualified individual

• Recipient of aid or assistance for December 1973 under a State plan approved under title I, X, XIV, or XVI of the Social Security Act;

• The State took into account the needs of another person in deciding need for State assistance for December 1973;

• The other person was living in the home of the recipient in December 1973; and

• The other person was not eligible for State assistance for December 1973.

2. Essential person

• Continuously lived in the home of the same qualified individual since December 1973;

• Not eligible for State assistance for December 1973;

• Never eligible for SSI benefits as an eligible individual or as an eligible spouse; and

• State records show that under a State plan in effect for June 1973, the State took that person's needs into account in determining the qualified individual's need for State assistance for December 1973.

C. Miscellaneous policy principles

1. Federal benefit rate (FBR)

We increase the FBR of a qualified individual if he or she lives with an EP.

2. Benefit amount

The benefit amount is the rate for an eligible individual or eligible couple plus an increment for each EP in the household. Reduce the amount by any countable income of the individual or couple and EP(s).

3. Number of EPs

Can have more than one EP as long as each EP meets all the requirements in SI 00501.100B.2. (in this section).

4. Income and resources

We consider any income and resources of an EP to be available for the support of the qualified individual. The resources must not exceed the limit for eligibility purposes. The income must not exceed the sum of the FBR and the proper number of EP increments.

D. Related policies

1. Income deeming

For detailed computation rules and examples, see SI 02001.015 and for deeming of income, see SI 01320.000.

2. Resources deeming

For resources deeming, see SI 01330.000.

3. Manner of payment

We pay the qualified individual and not the EP because the EP is not an SSI recipient. For benefit rates and payment determinations, see SI 02001.015 Supplemental Security Income (SSI) Essential Person Increment and SI 01320.800 Deeming of Income from Essential Persons.

E. Operating procedure

1. Field office (FO) determines EP status

The ultimate responsibility for determining EP status rests with the FO.

2. Questionable determinations

Send questionable determination cases to the regional office (RO) for review.