TN 47 (07-99)

A. Policy

ISM In Public Institutions

When the individual is ineligible due to being in a public institution throughout a month, there is no need to consider ISM. However, countable ISM may be received when the individual is eligible for the month because:

• The individual leaves the public institution during the month, i.e., he was in the institution as of the first of the month but was not a resident throughout the month (SI 00835.500); or

• The institution is a publicly operated community residence (SI 00520.500); or

• The institution is a public emergency shelter for the homeless (SI 00520.600); or

• The individual is in the institution primarily to receive educational or vocational training (SI 00835.714).

NOTE: While residing in a facility that is part of a “Safe Havens” demonstration project, the individual is not considered a resident of a public institution and is not charged with ISM to the extent it is provided as a result of the demonstration project (SI 00520.625).

B. Procedure

Determining ISM In Public Institutions

• Determine whether the individual is eligible for SSI during the month based on one of the exceptions in SI 00835.716A.

• If eligible for the month, determine whether the food and shelter provided in the institution is excludable (e.g., it is ABON per SI 00835.706C.1., or it is not income because it is provided under a social services program per SI 00835.706C.2. and
  SI 00815.050C.).

• If eligible for the month and the ISM is not excludable, follow the procedures in
  SI 00835.707 to compute the monthly value of the ISM.

• If the individual received countable ISM in the month he/she left the public institution, charge the individual with a full month's worth of ISM (SI 00835.500E.).

NOTE: If the individual was a resident of a public medical treatment institution, there is no ISM countable for the month he/she left the institution.

EXAMPLE 1: Individual Leaves Public Institution

Jerry Smith, an SSI recipient, has been ineligible (N22) for the past 4 months due to incarceration in the county jail. On 5/9/99 he is released from jail and resumes living in his home. On 05/10/99 he contacts the FO to have his benefits reinstated. The FO does a redetermination and reinstates Mr. Smith's benefits effective with 05/99. For the period he was ineligible (N22), it is not necessary to develop whether Mr. Smith received any ISM. However, for 05/99 the CR charges Mr. Smith with a full month's worth of ISM (capped at the PMV).

EXAMPLE 2: Publicly Operated Community Residence (POCR)

George Smith, filing for SSI, lives in Jefferson County Family Shelter. He has no income and does not pay for his care in the shelter. Using the SSA-8045 precedent, the CR determines that the Jefferson County Family Shelter is a publicly operated community residence (POCR). Therefore, although he is in a public institution, Mr. Smith is eligible for SSI while a resident. Since Mr. Smith is not paying for his food and shelter, the CR must find out whether he receives ISM. The CR determines that the food and shelter received in the POCR is not ISM based on the social services exclusion described in SI 00815.050C.

C. References

• Publicly operated community residence (POCR), SI 00520.500

• Public emergency shelter for the homeless (PESH), SI 00520.600

• Medical/social services exclusion, SI 00815.050

• Throughout the month, SI 00835.500