SI 01310: Deeming, General
TN 3 (08-92)
A. Introduction
The system is unable to automatically make the correct payment in deeming waiver cases. Follow these instructions to pay the SSI benefits due.
B. Procedure — computation of payment
1. Compute eligibility based on parent-to-child deeming
After identifying that potential eligibility for a deeming waiver under the waiver of parental deeming provision, compute SSI eligibility based on parent-to-child deeming rules (SI 01320.500 ff. and SI 01330.200 ff.) for each month. Use the full FBR and include the child's own income.
If eligible, go to step 2 below.
If ineligible, go to step 3 below.
2. Compute payment based on parent-to-child deeming
Compute payment based on parent-to-child deeming. Then go to step 3 below.
CAUTION: When computing payment, all of the usual retrospective monthly accounting (RMA) rules apply (e.g., budget month selection, transitional computation cycle, etc.). Use the full FBR and include the child's own income. (Receipt of a payment under the waiver of parental deeming provision does not alter the application of the usual RMA rules. Apply RMA as if the deeming rules were not waived.)
3. Compute payment based on deeming waiver
Compute payment to the child using the personal needs allowance, federally administered optional State supplementation payments (if any), and the child's own income. If the child was eligible in step 1 above, use the same budget month used in step 2. Go to step 4 below.
If the child is ineligible in step 1, pay the amount computed based on the deeming waiver.
If the child is ineligible in step 1, the budget month, for purposes of determining the child's own countable income to deduct from the personal needs allowance, is the same as the computation month. (The loss or reinstatement of eligibility using the deeming computation causes a transitional cycle for both the deeming computation and the waiver of parental deeming provision computations.)
4. Compare payments
Compare the payments based on parent-to- child deeming (step 2) and the deeming waiver provision (step 3). Pay the higher benefit.
C. Exhibit
You may use the Monthly Deeming Worksheet (Parent-to-Child Deeming Waiver) to compute eligibility and payment for the waiver of parental deeming provision benefits.
Make copies of the form as needed for local use.
See E.2. below for examples using this worksheet.
Exhibit—Monthly Deeming Worksheet (Parent-to-Child Deeming Waiver)
MONTHLY DEEMING WORKSHEET
Name
(Parent-to-Child Deeming Waiver)
SSN
| 1. | Compute SSI eligibility based | a. | Computuation Mo./Yr. | Mo./Yr. |
| on parent-to-child deeming | ||||
| rules (income and | b. | — Child is eligibile. | ||
| resources). | Go to 2. | |||
| c. | — Child is ineligibile. | |||
| Go to 3. | ||||
| 2. | Compute SSI payment | a. | Budget Month | Mo./Yr. |
| based on parent-to-child | ||||
| income demming rules. (Use | b. | Enter unprorated | ||
| income from the budget month.) | total payment: | $ | ||
| Go to 3. | ||||
| 3. | Compute SSI payment using: | a. | Budget Month | Mo./Yr. |
|
• personal needs allowance |
(if 1.b. is checked, BM = 2.a. If 1.c. is checked, BM = 1.a.) |
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• child's own income from |
Federal Personal |
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budget month |
Needs Allowance |
$30 |
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| b. | Child's countable Income from BM = | |||
| c. | Federal payment or excess countable income | |||
| d. | Federally-administered optional State supplement | + | ||
| e. | Payment based on deeming waiver | $ | ||
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STOP HERE IF CHILD IS INELIGIBLE IN STEP 1 | ||||
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4. |
If child is eligible in step 1, |
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compare 2.b to 3.e. Enter |
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the higher benefit. |
Pay this amount... |
$ |
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D. Procedure — systems input
1. Input force due (M02)
Deeming waiver cases must be manually calculated. See SM 01701.000 for system force due procedure.
2. Input FLA/OS
Input code “D” in the Federal living arrangement (FLA) field, and the appropriate State code or code “Z” in the optional supplement (OS) field. See SM 01005.315 ff. for initial claim or SM 01301.505 for posteligibility input instructions.
3. Input current and retroactive payment
After computing payment due in B. above, make the proper systems input following the instructions in MSOM BUSSR 002.006.
4. Input CG code
Input DM18 in the case characteristics (CG) field.
E. Examples
1. Disabled child ineligible under the deeming rules—no state supplement
Mary Jane Smith is a disabled 2-year- old child who lives at home with her parents since she came home from the hospital in April 1990. She has received SSI since February 1990. In May and June 1990, Mary Jane's father earned $1,600 each month. In July, Mr. Smith received a promotion and began receiving a monthly salary of $2,800. Mrs. Smith went to the field office (FO) at the end of July to report the change. She alleged that Mary Jane was eligible for Medicaid under a State home care plan.
Neither Mrs. Smith nor Mary Jane has any income. There are no other children in the household. No optional State supplement is paid in her State. An SSI query shows that Mary Jane is a disabled child, that she was paid SSI benefits of $30 (personal needs allowance) in February and March, $386 in April, May and June, $49 in July, and she will be paid $49 in August.
The FO takes the following actions:
| Step | Action |
|---|---|
| 1 | Computes eligibility for July 1990 based on the change in Mr. Smith's earnings. Mary Jane is ineligible based on parental deemed income effective July. |
| 2 | Verifies Mary Jane's eligibility for Medicaid under a State home care plan according to regional POMS instructions. |
| 3 | Determines that Mary Jane is eligible to receive a $30 SSI benefit under the waiver of parental deeming provision for the month of July 1990. EXPLANATION: Although initially Mary Jane was found ineligible because of parental deemed income, she is eligible based on section 8010. Her payment is computed using only her own income in July. (July is the budget month because Mary Jane was ineligible in Step 1.) Since she has no income, she is due $30. |
| 4 | Determines that for August 1990 and continuing, Mary Jane is also due $30. |
| 5 | Issues the appropriate manual notice. |
| 6 | Makes a system input to force pay Mary Jane's SSI record at a continuing rate of $30 monthly beginning August 1990. |
| 7 | Develops an overpayment for July and posts it to the SSR (SM 01311.140). |
2. Eligibility under deeming rules fluctuates— state supplement involved
Katie Ryan is a 2-year-old disabled child living in Massachusetts with her mother, her father, and a 4-year-old ineligible brother. She has received SSI benefits for the past 18 months, first while hospitalized, and now at home with her family. In May 1990, Katie was allegedly placed in the Massachusetts Home Care for Disabled Children Program (a State home care plan).
Katie's only income is a cash gift of $25 given to her on her birthday in June. Katie's mother and brother have no income. Katie's father works and earns $958.50 every 2 weeks. In April and May, Mr. Ryan was paid $1,917 each month. In June, he is paid $2,875.50 (three paydays). In July he will be paid $1,917 (two paydays).
The Massachusetts State supplement for a child living in the parents' home is $114.39. The State supplement for the personal needs allowance is $42.80.
The FO takes these actions:
| Step | Action |
|---|---|
| 1 | Determines Katie's eligibility for June 1990 based on Mr. Ryan's wages and her own unearned income. Katie is ineligible. |
| 2 | Verifies Katie's eligibility for Medicaid under a State home care plan. |
| 3 | Determines that Katie is eligible to receive a $67.80 SSI benefit under the waiver of parental deeming provision for June 1990. EXPLANATION: Katie is ineligible because of parental deemed income. However, she is eligible under the parental deeming waiver. Her payment is computed using only her own countable income in June ($25 - $20 = $5). June is the budget month because Katie was ineligible in Step 1. She is due $67.80 ($25 Federal +42.80 State). |
| 4 | Determines that Katie is eligible for July 1990 based on deemed parental income. Her SSI payment based on parent-to-child deeming would be $39.39. EXPLANATION: In July, there is $481 deemed income. The budget month is July, because application of the usual rules in June resulted in ineligibility for an SSI benefit. Therefore, beginning in July, when there is a resumption of eligibility under the usual rules (i.e., parental deemed income and resources do not preclude eligibility), a transitional computation cycle begins. |
| 5 | Determines that Katie is eligible to receive a $72.80 SSI benefit under the parental deeming waiver provision for July 1990. EXPLANATION: Since Katie is eligible in the computation month based on the usual rules, the FO must compare the payment due under the usual rules ($39.39) to the payment under the deeming waiver. Under the waiver provision, Katie is due $72.80. (Katie has no income in the budget month, which is the same as the budget month from step 4.) |
| 6 | Issues the appropriate manual notices. |
| 7 | Force pays the case at a monthly continuing rate of $72.80 ($30 Federal +$42.80 State). |
MONTHLY DEEMING WORKSHEET Katie Ryan
Name
(Parent-to-Child Deeming Waiver) 001-00-4567
SSN
| 1. | Compute SSI eligibility based | a. | Computuation Mo./Yr. | 6¦90 |
| on parent-to-child deeming | ||||
| rules (income and | b. | — Child is eligibile. | ||
| resources). | Go to 2. | |||
| c. | -x- Child is ineligibile. | |||
| Go to 3. | ||||
| 2. | Compute SSI payment | a. | Budget Month | Mo./Yr. |
| based on parent-to-child | ||||
| income demming rules. (Use | b. | Enter unprorated | ||
| income from the budget month.) | total payment: | $ | ||
| Go to 3. | ||||
| 3. | Compute SSI payment using: | a. | Budget Month | 6¦90 |
|
(if 1.b. is checked, BM = 2.a. If 1.c. is checked, BM = 1.a.) |
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Federal Personal |
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| b. | Child's countable Income from BM = | - 5 | ||
| c. | Federal payment or excess countable income | 25 | ||
| d. | Federally-administered optional State supplement | + 42.80 | ||
| e. | Payment based on deeming waiver | $ 67.80 | ||
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STOP HERE IF CHILD IS INELIGIBLE IN STEP 1 | ||||
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4. |
If child is eligible in step 1, compare 2.b to 3.e. Enter the higher benefit. |
Pay this amount... |
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|
MONTHLY DEEMING WORKSHEET Katie Ryan
Name
(Parent-to-Child Deeming Waiver) 001-00-4567
SSN
| 1. | Compute SSI eligibility based | a. | Computuation Mo./Yr. | 7¦90 |
| on parent-to-child deeming | ||||
| rules (income and | b. | -x- Child is eligibile. | ||
| resources). | Go to 2. | |||
| c. | — Child is ineligibile. | |||
| Go to 3. | ||||
| 2. | Compute SSI payment | a. | Budget Month | 7¦90 |
| based on parent-to-child | ||||
| income demming rules. (Use | b. | Enter unprorated | ||
| income from the budget month.) | total payment: | $ 39.39 | ||
| Go to 3. | ||||
| 3. | Compute SSI payment using: | a. | Budget Month | 6¦90 |
|
(if 1.b. is checked, BM = 2.a. If 1.c. is checked, BM = 1.a.) |
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Federal Personal Needs Allowance |
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| b. | Child's countable Income from BM = | 0 | ||
| c. | Federal payment or excess countable income | 30 | ||
| d. | Federally-administered optional State supplement | + 42.80 | ||
| e. | Payment based on deeming waiver | $ 72.80 | ||
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STOP HERE IF CHILD IS INELIGIBLE IN STEP 1 | ||||
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4. |
If child is eligible in step 1, compare 2.b to 3.e. Enter the higher benefit. |
Pay this amount... |
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