TN 10 (12-09)

CITATIONS: Social Security Act, section 1614(f)(4), as amended

A. Policy for an ineligible military spouse or military parent absent from a deeming household

1. Absent military deemor

Effective October 1, 1993, an ineligible spouse or parent who is absent from a deeming household due solely to a duty assignment as a member of the Armed Forces on active duty will, in the absence of evidence to the contrary, be considered to be living in the same household as the Supplemental Security Income (SSI) claimant or recipient for income and resources deeming purposes.

This policy applies regardless of how long the deemor is absent from the household due to a duty assignment and regardless of when such absence began.

NOTE: The absent ineligible spouse or parent is considered to be living in the same household as the SSI claimant or recipient for income and resources deeming purposes even if married and deployed in the same month. Deeming from the absent ineligible spouse or parent will be effective with the following month.

2. Member of the Armed Forces defined

For purposes of this section, a member of the Armed Forces is a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard.

3. Evidence to the contrary

Evidence to the contrary is evidence indicating that the absent military deemor does not intend to return to the deeming household upon conclusion of the duty assignment.

Examples of evidence to the contrary include (but are not limited to):

• a signed statement by the remaining spouse or parent or by the service member that the service member does not intend to return to the deeming household.

• evidence of divorce or legal separation which will result in the service member not returning to the household.

4. Service member’s intent to return to the deeming household changes

If the service member's intent to return to the deeming household changes while he or she is away on active duty, deeming from the service member stops beginning with the month following the month in which the intent changed.

EXAMPLE: The ineligible spouse leaves the deeming household on November 3, 1994, due solely to active military duty. Applying the policy in SI 01310.170A.1. in this section, the FO determines that the spouse should still be considered part of the deeming household and, therefore, that spouse-to-spouse deeming should continue.

The eligible individual subsequently submits a letter from the absent military deemor dated February 3, 1995, indicating that the military member does not intend to return to the eligible individual's household. Based on this evidence, the FO determines that, beginning March 1, 1995, the absent military deemor should no longer be considered part of the deeming household. Therefore, the last month for which spouse-to-spouse deeming applies is February 1995.

5. Service member returns to deeming household

1. Deeming was applied during period of absence

   If, pursuant to the policy in SI 01310.170A.1. in this section, the service member was considered to be living in the same household as the SSI claimant or recipient during the period of absence on active duty military service, deeming continues uninterrupted upon the service member's return to the deeming household.

2. Deeming did not apply during period of absence

   If, pursuant to the policy in SI 01310.170A.1 through SI 01310.170A.4. in this section, the service member was not considered to be living in the same household as the SSI claimant or recipient during the period of absence on active military service, deeming applies again beginning with the month following the month in which the service member returns to the deeming household.

EXAMPLE 1: Deeming from the absent military service member (the eligible child's father) stopped, effective November 1, 1994, after the child's mother submitted evidence of a legal marital separation. On May 3, 1995, the parents reconcile and the father resumes living in the deeming household. Deeming from the father begins again effective June 1, 1995.

EXAMPLE 2: Deeming from the absent military service member (the eligible individual's wife) stopped, effective February 1, 1995, following submission of a statement indicating that the wife did not intend to return to the deeming household. On June 12, 1995, the wife returns to the household. Deeming resumes again effective July 1, 1995.

6. Periods of leave, furlough, or hospitalization in conjunction with military service

If the service member takes leave, is granted a furlough, or is hospitalized during a period in which deeming continues pursuant to the policy in SI 01310.170A.1. in this section, he or she will continue to be considered part of the deeming household as long as his or her intent to return to the deeming household does not change.

7. Determining deemed income and resources

During a period that deeming continues from an absent military deemor pursuant to the policy in SI 01310.170A.1. in this section, the absent member's income and resources are subject to the normal income and resources counting rules applicable to deemors.

8. Policy for period October 24, 1990, through September 30, 1993

An ineligible spouse or parent who was absent from the deeming household because of a military assignment, and whose absence was not “temporary” for deeming purposes (SI 01310.165), was not considered to be a member of the deeming household. However, no action was taken to deny, suspend, or reduce SSI benefits due to the military assignment.

9. Policy for period prior to October 24, 1990

An ineligible spouse or parent who was absent from the deeming household because of a military assignment, and whose absence was not “temporary” for deeming purposes (SI 01310.165), was not considered to be a member of the deeming household.

B. Procedure for absence from a deeming household due to military service effective - OCTOBER 1, 1993

1. Identify affected cases

Identify affected cases as they come to your attention during the routine processing of SSI initial claims and posteligibility actions.

2. Accept allegation

Accept the claimant's or recipient's allegation that the ineligible spouse or parent is absent from the deeming household solely because of an active duty military assignment.

Assume, absent evidence to the contrary, that the absent service member intends to return to the deeming household upon conclusion of the military assignment.

3. Make deeming determination

If, under the policy in SI 01310.170A. in this section, the absent member is considered part of the household; continue to deem his or her income and resources throughout the period of absence.

If evidence to the contrary exists (SI 01310.170A.3. in this section) and the absent individual cannot be considered temporarily absent from the household for deeming purposes (SI 01310.165), discontinue deeming income and resources beginning with the month following the month of the individual's departure from the household or, if later, the month following the month the service member's intent to return changed see SI 01310.170A.4. in this section.

NOTE: If it is necessary to discontinue deeming, change the record composition per SM 01305.770 or establish a new record.

4. Document the file or MSSICS screen

Document the file or applicable MSSICS screen with a Report of Contact signed statement that includes the date and reason the deemor left the household.

If there is evidence to the contrary (SI 01310.170A.3. in this section), also document the file or applicable MSSICS screen with the appropriate evidence.

C. Procedure for absence from a deeming household due to military service - OCTOBER 1, 1993

1. October 24, 1990, through September 30, 1993

Do not deny, suspend, or reduce SSI payments to an individual due to the military assignment of the individual's ineligible spouse or parent.

2. Prior to October 24, 1990

Follow the instructions in SI 01310.165 to determine whether the deemor's absence from the household was temporary. If the absence was not temporary, discontinue deeming effective with the month following the month the deemor left the household.

D. References

• SI 02260.000 - Waiver Provisions for SSI overpayments

• SI 04070.001 - Administrative Finality - SSI

• SI 00830.540 - Uniformed Services—Pay and Allowances, Effective Before September 1, 2008

• SI 00820.400 - Uniformed Services – Pay and Allowances Effective on or after September 1, 2008

• SI 01310.100 - Deeming Concepts

• SI 01310.165 - Deeming Concept - Temporary Absence

• SI 01320.001 - Deeming of Income

• SI 01330.001 - Deeming of Resources