TN 39 (08-04)

Citations:

Social Security Act, Sec 1614(a)(1)(B)(ii); 20 CFR 416.202, 416.214, 416.215, 416.1327, Social Security Protection Act, Public Law 108-203, Section 434

A. Background

Prior to April 1, 1990, no one living outside the United States was eligible to receive SSI payments. On April 1, 1990, blind or disabled children of military parents stationed outside the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States could continue to receive SSI benefits, if they met certain criteria.

The continuation of benefits, however, was not allowed for the children of military parents stationed in Puerto Rico or the territories or possessions of the United States until November 1, 1993.

The Social Security Protection Act, enacted March 2, 2004, extends SSI eligibility to certain blind and disabled children of military personnel who were born overseas, who became blind and disabled while overseas, or who first applied for SSI benefits overseas. It does so by extending eligibility to blind or disabled children who are United States citizens living with a parent assigned to permanent U.S. military duty outside the United States, and who were not eligible for SSI benefits the month before the parent reported for the military assignment

Prior to January 6, 2006, blind and disabled children of military personnel stationed overseas generally had 12 months after an eligibility suspension to have payments reinstated. Starting January 6, 2006, Public Law 109-163 extended the period the SSI children overseas have for payment reinstatement. They have 24 months and not 12 months to have payments reinstated after a suspension.

B. Glossary

The following subsection defines terms specific to this instruction:

1. Armed Forces

For purposes of this provision armed forces refers to the Army, Navy, Air Force, Marine Corps, and Coast Guard.

2. Permanent Duty Ashore

Permanent duty ashore refers to the period for which a member of the armed forces is assigned to a military installation or other duty post which is not aboard ship. The period is fixed by the orders issued for the assignment (i.e., 12, 24, or 36 months) but may be extended for a variety of reasons.

3. Reported for Assignment

Military orders specify a date by which an individual must appear at his/her new duty station and present a copy of those orders to the proper authorities. When this is done, the individual is considered to have reported for assignment.

4. United States

For SSI purposes, the United States means the 50 States, Washington, D.C., and the Northern Mariana Islands.

5. Overseas

For purposes of this provision, the term “overseas” refers to any place outside the United States.

C. Policy

The policy principles below outline the criteria for SSI eligibility under this provision.

1. Exception to the Presence in the U.S. Requirement

Effective April 2004, a blind or disabled child who is outside the U.S. may receive SSI benefits contingent upon all other factors of eligibility if he/she is:

• a United States citizen; AND

• living with a parent who is a member of the armed forces of the United States assigned to permanent duty ashore anywhere outside the United States.

NOTE: This newest change is effective for benefits payable for April 2004 and after, but only on the basis of an application filed after March 2, 2004.

Prior to April 2004 (November 1, 1993 through March, 2004) in order to be eligible for an SSI benefit, a blind or disabled child who was a U.S. citizen living with a military parent stationed outside of the U.S. also was required to have been eligible for an SSI benefit the month before the parent reported for the military assignment outside the U.S. (hereafter referred to in these POMS by the term “overseas.”).

Prior to November 1, 1993, (April 1990 through October 1993) only a blind or disabled child of a military parent who was stationed outside the United States, Puerto Rico or the territories or possessions of the United States was eligible for the continuation of benefits while outside of the United States.

2. Conditions of Eligibility

Aside from the presence in the United States requirement, all other program rules apply as if the child were in the United States.

3. State Supplementation

Since the child is not living in a State which provides a federally administered State supplement while he/she lives overseas, no State supplements will be paid.

4. Medicaid

While overseas, the child is not eligible for Medicaid because Medicaid eligibility derives from an individual physically living in a State with the intention to remain there permanently or for an indefinite period.

5. “Living With”

A child is “living with” a parent who is a member of the armed forces and whose permanent duty assignment is overseas when the child:

• physically lives with the parent overseas; or

• during any period, is not living in the same household as the parent but the child's presence overseas is due to the parent's permanent duty assignment ashore.

EXAMPLES:

• The child remains at the permanent duty station overseas while the military parent is temporarily sent to another military assignment (e.g., a war zone).

• The military parent is reassigned to another overseas duty post. The disabled child remains at the old overseas duty location until quarters are available at the new location.

• The military parent dies while overseas. The disabled child remains at the old overseas duty location until arrangements can be made to return to the United States.

6. When Not to Consider A Child “Living With” the Military Parent

A child is not “living with” the military parent overseas when the child's presence overseas is not a consequence of the parent's military orders assigning him or her to permanent duty ashore.

EXAMPLE: The military parent is assigned to a ship which is ported overseas and his/her family has chosen to live overseas to be near him/her. The child would not be eligible for continuation of benefits because the parent's assignment is not considered “permanent duty ashore.”

NOTE: For more information on deeming provisions as they apply in these cases, see the note at SI 00501.416E.2.b.

D. References

The following is a partial list of topics that relate to these instructions:

• Presence in the United States, SI 00501.410.

• Child, SI 00501.010A.1.

• Citizen, GN 00303.120A.

• Parent, SI 00501.010A.2.

• Uniformed Services Pay and Allowances, SI 00830.540

• SSNs for Applicants Living Outside the United States, RM 10225.050