TN 1 (11-01)

A. Policy

1. General

In order to be qualified for SVB, the individual must, in addition to meeting other requirements as explained in VB 00102.001A, be eligible for SSI for both:

• December 1999 (the month in which the law was enacted), and

• the month in which the individual files an application, or protective filing, for SVB.

As explained in VB 00102.001B.1., for title VIII purposes, “eligibility for SSI” has a broader meaning than it does for title XVI purposes. Except as provided in VB 00205.020A.2., an individual is considered eligible for SSI if he or she is on the SSR and entitlement has not been terminated. “Eligible for SSI” includes individuals in most of the various suspension and nonpayment statuses. Generally, the reason the individual is in suspense or nonpayment status does not matter. The individual does not have to be in current pay status or ever have been in pay status to be considered eligible for SSI for title VIII purposes.

2. When “Eligibility for SSI” Does Not Exist

An individual cannot be eligible for SSI for any month:

• it is determined that his or her entitlement was erroneous (e.g., it should have been terminated after 12 consecutive months of ineligibility; see VB 00205.020C.2. for an example of this type of case); or

• he or she is not entitled to SSI; or

• SSA has determined that the individual's SSI benefits are subject to a penalty under the administrative sanctions provisions of the law. This means that an individual is not “eligible for SSI” for any month in which administrative sanctions are in effect, or after the month in which it has been determined that he or she is subject to these sanctions but they cannot be imposed because the individual is in nonpay status for some reason (e.g., excess earnings, outside the United States, etc.).

Refer to GN 02604.400 through GN 02604.460 for a discussion of administrative sanctions.

B. Procedure

Generally, the SSR will be evidence of the claimant"s eligibility for SSI at the appropriate times. Take the following action based on a review of the SSR.

1. The Individual Is on the SSR (in Other Than Terminated Status) for December 1999 and the Month the SVB Application or Protective Filing Was Filed

Determine that the individual meets the SSI eligibility requirements for qualification for SVB unless one of the conditions in VB 00205.020A.2. exists.

2. The Individual Was “Eligible for SSI” for December 1999, But Was in Terminated Status in the Month the SVB Application or Protective Filing Was Filed

The individual meets the requirement of SSI eligibility for December 1999 but development must continue to establish eligibility in the month of filing.

If the individual is in terminated status as the result of being in suspense status for 12 consecutive months, check to ensure that the entitlement was terminated in the correct month. (Some times such cases are terminated prematurely.) If the entitlement was not terminated in the correct month, determine whether, based on the correct month of termination, the claimant would be eligible for SSI in the month in which the SVB application or protective filing was filed. If, based on the correct month of termination, the claimant was eligible for SSI in the month the SVB application or protective writing was filed, document the file to show this. If based on the proper month of termination, the claimant would not meet the requirement in VB 00205.020A., document the file to show this and determine that the individual is not eligible for SSI in the month the application or protective filing was filed.

C. Examples

1. Claimant in Suspense Status for Title XVI in December 1999 and in the Month the Protective Filing is Made

The claimant contacted the Federal Benefits Unit (FBU) in Manila on May 15, 2000 and stated that he wanted to file for SVB. On August 17, 2000, he filed an SSA-2000-F6.

A review of the SSR shows that he left the United States in June 1999 and his SSI payments were suspended effective July 1999. His SSI entitlement was terminated effective July 2000.

He meets the SSI eligibility requirements for SVB because he was eligible for SSI for title VIII purposes both in December 1999 (the month in which title VIII was enacted into law) and in May 2000 when he established a protective filing.

2. Claimant Determined to Have Been Overpaid and SSI Entitlement Terminated

The claimant contacted the FBU in Manila on May 15, 2000 and stated that he wanted to file for SVB. On August 17, 2000, he filed an SSA-2000-F6. When the claimant completed the SSA-2000-F6, he showed that he left the United States and moved to the Philippines on March 10, 1995.

The SSR showed that he was currently receiving SSI payments and that his benefits were being sent directly to his U.S. bank account. It was established that he had returned to the Philippines in March 1995 and had not returned to the United States since then except for brief visits of only 1-2 weeks.

It was determined that the claimant was not eligible for any of the SSI benefits he received for months after March 1995. His SSI entitlement should have terminated effective April 1996.

The claimant does not meet the SSI eligibility requirements for SVB because he was not eligible in December 1999 (the month in which title VIII was enacted into law) and in May 2000 when he established a protective filing.

3. Claimant Eligible for SSI in a Month After the Month in Which the SVB Application Was Filed

The claimant files an SVB application (which is also an application for SSI) on July 7, 2000. The SSR shows that he was eligible for SSI for December 1999 but that he is not eligible for SSI in July 2000. However, adjudication of the SSI application determines that, while he is not eligible for SSI in July 2000 because of excess earnings, he is eligible for SSI in August 2000.

Since he was not eligible for SSI in the month the SVB application was filed (i.e., July 2000), his SVB application is disallowed. He must file a new application and meet all the requirements for entitlement to be entitled to SVB.

4. Claimant Eligible for SSI in the December 1999 But Did not Receive Any SSI Payment

The claimant files an SVB application on April 15, 2001. He is receiving SSI payments based on a claim filed in February 2001. The SSR shows that he previously filed for SSI in December 1999. His wife began working in January 2000 and he became ineligible for SSI January 2000 and continuing due to her income. The payment status for December 1999 was E02 and N01 for January 2000 on until the record was terminated effective January 2001. No payments were ever issued to him.

For SVB purposes, he was eligible for SSI in 12/99 (E02) and is eligible for SSI in April 2001 based on the February 2001 application. Thus, he meets the SSI eligibility requirements for qualification for SVB. It is immaterial that he did not receive an SSI payment for December 1999 (or any subsequent month on during the life of that claim).