TN 77 (03-17)

CITATIONS: Regulations 20 CFR 416.1148(b)(2); 20 CFR 416.1149(c)(2)

Use this section to determine in-kind support and maintenance (ISM) for a child under age 22 who is temporarily absent from the permanent living arrangement due to school attendance. For an eligible individual age 22 or older, there is no provision for an extended temporary absence due to school attendance.

A. Policies related to determining ISM for a child temporarily absent from a living arrangement due to school attendance

1. School attendance

For purposes of this temporary absence rule, school attendance refers to a child who is away at school. A child who is away at school is one who participates in educational or vocational (ED/VOC) training as described in SI 00520.400.

2. ED/VOC training

ED/VOC training is training that teaches skills that could prepare the child for a work environment (sheltered or competitive). Examples of approved programs include pre-school, kindergarten, elementary, secondary, vocational, college, and university programs. See SI 00520.400 for more information about approved programs and instructions on how to determine if a child is in ED/VOC training.

NOTE: For purposes of determining ISM for a child away at school, a facility providing ED/VOC training can be a private or public facility.

B. Policy for determining ISM for a child subject to deeming who is temporarily absent due to school attendance

1. Determining temporary absence for a child subject to deeming

A child who is away at school but returns home on some weekends and is subject to parental controls is temporarily absent without time limit from the parent’s household regardless of the duration of the absence. During the temporary absence, deeming continues to apply for a child under age 18. For instructions on deeming during temporary absences, see SI 01310.165.

2. Determining ISM during a temporary absence for a child subject to deeming

When a child who is subject to parental deeming is away at school during a temporary absence:

• count ISM the child receives in the temporary living arrangement (the school) unless the deemor pays for it; and

• count ISM, if any, from the permanent living arrangement (the parent’s home).

NOTE: Do not count food and shelter provided by the deemor (parent) as ISM. Only count ISM from the permanent living arrangement if a source other than the deemor provides it. For instructions about not counting ISM from a deemor, see SI 01320.150.

C. Policy for determining ISM for a child not subject to deeming who is temporarily absent due to school attendance

1. Determining temporary absence for a child not subject to deeming

A child under age 22 who is not subject to parental deeming is temporarily absent from the permanent living arrangement without time limit if the child:

• is away from the permanent residence to attend school;

• intends to return to the permanent living arrangement during the summer or extended holidays, or upon graduation or completion of training; and

• was in his or her permanent living arrangement for at least 1 full calendar month prior to his or her absence.

2. Determining ISM during a temporary absence for a child not subject to deeming

When a child under age 22 is temporarily away at school and is not subject to parental deeming, we follow the general rule in SI 00835.040C.2. for counting ISM during a temporary absence. During the temporary absence, we;

• continue to count ISM as if the child is a resident of the permanent living arrangement; and

• do not count any ISM the child receives in the temporary living arrangement (the school) regardless of the duration of the absence.

D. Policy for when a temporary absence ends for a child not subject to deeming

The instructions below apply to a child under age 22 who is temporarily absent to attend school and is not subject to deeming from a parent.

1. What ends a temporary absence

The temporary absence due to school attendance ends when the child:

• returns to the permanent living arrangement;

• no longer intends to return to the permanent living arrangement;

• no longer meets the definition of child in SI 00501.010A; or

• is under age 18 and no longer meets school attendance requirements (see instructions on ED/VOC training in SI 00520.400).

2. What establishes a new permanent living arrangement

When a temporary absence for school attendance ends and the individual does not return to the permanent living arrangement, he or she can establish a new permanent living arrangement.

Exception: When a temporary absence for school attendance ends, the individual can have a new period of temporary absence. A new period of temporary absence is possible as long as the individual still intends to return to the permanent living arrangement. In this situation, the individual’s permanent living arrangement does not change as shown in the following example.

EXAMPLE: Ms. Mary Doe is a 19-year-old student at a school for the blind. The field office (FO) has determined that she is temporarily absent from her parents' home where she is subject to the value of one-third reduction (VTR). Because she is over age 18 and deeming has stopped, she can receive countable ISM from her parents and be subject to the VTR. In June, a week before graduation, Ms. Doe decides that she will stay on at the school and work as a day camp counselor until the end of July. Although, Ms. Doe’s temporary absence due to school attendance ends in June, another period of temporary absence begins. The second period is a temporary absence for reasons other than school attendance or confinement in a Medicaid facility. As long as Ms. Doe returns to her parents' home by the end of July, her entire period of absence is temporary, and we continue to charge the VTR in July and ensuing months.

E. Procedure when an eligible individual not subject to parental deeming reports moving to attend school

Use this procedure when an eligible individual under age 22, who is not subject to deeming from an ineligible parent, reports moving to attend school.

1. Development for school attendance and temporary absence

2. Documentation of school attendance and temporary absence

Document the circumstances surrounding the absence to support your determination as follows.

a. Intent to return home

Obtain the individual's or representative payee's statement, signed or on a report of contact (DROC), concerning the individual's school attendance and intent to return upon graduation, completion of training, or during the summer or other holidays. The representative payee's statement of intent is controlling.

b. Length of time in permanent living arrangement

Obtain the individual's or representative payee's statement, signed or on DROC, regarding the length of time the individual resided in the permanent living arrangement prior to the absence. For a temporary absence to apply, the individual must have been in the permanent living arrangement for at least 1 full calendar month prior to the temporary absence.

F. Procedure for developing the absence of an ineligible household member

1. When to develop for temporary absence

Develop temporary absence for an ineligible member of the household, when:

• the absence is alleged to be temporary; and

• if the absence is not temporary, the absence would affect an eligible individual's eligibility or payment amount by changing the results of the ISM or deeming determination.

• If the absence is not temporary, see the instructions on living arrangement breakpoints in SI 00835.510 to determine the effective month of the living arrangement change.

2. How to develop for temporary absence for the ineligible household member

• Obtain the eligible individual or representative payee’s answers to the questions in the chart in SI 00835.042E.1. It is not necessary to contact the ineligible household member.

• Record the answers and the CR’s determination about the temporary absence on a DROC screen.

G. References

SI 00501.010 Determining Child Status for Supplemental Security Income (SSI) Purposes

SI 00520.400 Educational or Vocational (ED/VOC) Training

SI 01310.165 Deeming Concept – Temporary Absence

SI 00835.041 Temporary Absence from a Federal Living Arrangement (LA) for Reasons Other than School Attendance or Confinement in a Medicaid Facility