Proposed Rule2023-21550
Expand the Definition of a Public Assistance Household
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2023
Issuing agencies
Social Security Administration
Abstract
We propose to expand the definition of a public assistance (PA) household for purposes of our programs, particularly the Supplemental Security Income (SSI) program, to include the Supplemental Nutrition Assistance Program (SNAP) as an additional means-tested public income maintenance (PIM) program. In addition, we seek public comment on expanding the definition to include households in which any other (as opposed to every other) member receives public assistance. We expect that the proposed rule would decrease the number of SSI applicants and recipients charged with in-kind support and maintenance (ISM). In addition, we expect that this proposal would decrease the amount of income we would deem to SSI applicants or recipients because we would no longer deem income from ineligible spouses and parents who receive SNAP benefits and live in the same household. These policy changes would reduce administrative burden for low-income households and SSA.
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Proposed Rules]
[Pages 67148-67157]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21550]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA-2023-0015]
RIN 0960-AI81
Expand the Definition of a Public Assistance Household
AGENCY: Social Security Administration.
ACTION: Notice of proposed rulemaking.
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SUMMARY: We propose to expand the definition of a public assistance
(PA) household for purposes of our programs, particularly the
Supplemental Security Income (SSI) program, to include the Supplemental
Nutrition Assistance Program (SNAP) as an additional means-tested
public income maintenance (PIM) program. In addition, we seek public
comment on expanding the definition to include households in which any
other (as opposed to every other) member receives public assistance. We
expect that the proposed rule would decrease the number of SSI
applicants and recipients charged with in-kind support and maintenance
(ISM). In addition, we expect that this proposal would decrease the
amount of income we would deem to SSI applicants or recipients because
we would no longer deem income from ineligible spouses and parents who
receive SNAP benefits and live in the same household. These policy
changes would reduce administrative burden for low-income households
and SSA.
DATES: To ensure that your comments are considered, we must receive
them no later than November 28, 2023.
ADDRESSES: You may submit comments by any one of three methods--
internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2023-0015 so
that we may associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social
[[Page 67149]]
Security numbers or medical information.
1. Internet: We strongly recommend that you submit your comments
via the internet. Please visit the Federal eRulemaking portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Use the ``Search'' function to find docket
number SSA-2023-0015. The system will issue a tracking number to
confirm your submission. You will not be able to view your comment
immediately because we must post each comment manually. It may take up
to one week for your comment to be viewable.
2. Fax: Fax comments to 1-833-410-1631.
3. Mail: Address your comments to the: Office of Legislation and
Congressional Affairs, Regulations and Reports Clearance Staff, Mail
Stop 3253 Altmeyer, 6401 Security Blvd., Baltimore, MD 21235.
Comments are available for public viewing on the Federal
eRulemaking portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or in person, during
regular business hours, by arranging with the contact person identified
below.
FOR FURTHER INFORMATION CONTACT: Tamara Levingston, Office of Income
Security Programs, 6401 Security Blvd., Robert M. Ball Building, Suite
2512B, Woodlawn, MD 21235, 410-966-7384. For information on eligibility
or filing for benefits, call our national toll-free number, 1-800-772-
1213, or TTY 1-800-325-0778, or visit our internet site, Social
Security Online, at <a href="https://www.ssa.gov">https://www.ssa.gov</a>.
SUPPLEMENTARY INFORMATION:
Background
We administer the SSI program, which provides monthly payments to:
(1) adults and children with a disability or blindness; and (2) people
aged 65 and older. Eligible individuals must meet all the requirements
in the Social Security Act (Act), including having resources and income
below specified amounts.\1\ Generally, the more income an individual
has, the less their SSI payment will be. Under the SSI program,
resources are cash or other liquid assets or any real or personal
property that an individual (or spouse, if any) owns and could convert
to cash to be used for their support and maintenance.\2\ Income, on the
other hand, is anything the SSI applicant or recipient receives in cash
or in-kind that can be used to meet food and shelter needs.\3\
Applicants' and recipients' resources may affect their SSI eligibility,
while their income may affect both their SSI eligibility and payment
amounts.
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\1\ See 42 U.S.C. 1382 and 20 CFR 416.202 for a list of the
eligibility requirements. See also 20 CFR 416.420 for general
information on how we compute the amount of the monthly payment by
reducing the benefit rate by the amount of countable income as
calculated under the rules in subpart K of 20 CFR part 416.
\2\ 20 CFR 416.1201(a).
\3\ 20 CFR 416.1102. See also 20 CFR 416.1103 for examples of
items that are not considered income.
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Once an applicant is found eligible for SSI, their monthly payment
is determined by subtracting countable monthly income from the Federal
benefit rate (FBR), which is the monthly maximum Federal SSI
payment.\4\ The FBR for 2023 is $914 for an individual and $1,371 for
an eligible individual with an eligible spouse.\5\ The Act and our
regulations \6\ define income as ``earned,'' such as wages from work,
and ``unearned,'' such as gifted cash or ISM.\7\
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\4\ See 20 CFR 416.405 through 416.415. Some States supplement
the FBR amount.
\5\ 87 FR 64296, 64298 (2022). A table of the monthly maximum
Federal SSI payment amounts for an eligible individual, and for an
eligible individual with an eligible spouse, is available at <a href="https://www.ssa.gov/oact/cola/SSIamts.html">https://www.ssa.gov/oact/cola/SSIamts.html</a>. When the FBR is adjusted for
the cost of living, the amount of the potential ISM reduction
adjusts accordingly.
\6\ See 42 U.S.C. 1382a; 20 CFR 416.1102 through 416.1124.
\7\ See 20 CFR 416.1104.
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ISM
As indicated above, income that affects an individual's monthly SSI
payment can be provided in cash or in-kind. Under our current
regulations, ISM means any food or shelter that is given to an
individual or that the individual receives because someone else pays
for it.\8\ For example, if an applicant or recipient lives with their
sibling and does not pay rent, we would consider the shelter that their
sibling provides to be ISM. Similarly, if an applicant or recipient
lives with a friend and consumes the food in their friend's home but
does not contribute toward the food or shelter, we consider both the
food and shelter that the friend provides to be ISM. As another
example, if an applicant or recipient lives alone and their parents
bring them groceries each month and pay their utility bills, we
consider their parents' help to be ISM.
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\8\ See 20 CFR 416.1130(b). We recently published a proposed
rule to remove food from the calculation of ISM. See 88 FR 9779,
Omitting Food From In-Kind Support and Maintenance Calculations,
published February 15, 2023.
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Like other forms of income, ISM can reduce the amount of a
recipient's monthly SSI payment. For example, we reduce the SSI monthly
payment by one-third of the FBR for an individual (and eligible spouse)
living in the household of another person who provides the individual
(and eligible spouse) with both food and shelter.\9\ We discuss the
specific means of doing so below in the ``Current Policy'' section.
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\9\ See 42 U.S.C. 1382a(a)(2)(A). According to Balkus, Sears,
Wilschke, and Wixon, ``[t]he law creating the SSI program included
the one-third reduction provision so that SSA would not have to
determine the actual value of room and board when a recipient lived
with a friend or relative.'' Balkus, Richard; Sears, James;
Wilschke, Susan; and Wixon, Bernard, Simplifying the Supplemental
Security Income Program: Options for Eliminating the Counting of In-
kind Support and Maintenance, Social Security Bulletin, vol. 68, no.
4, 2008, available at: <a href="http://www.ssa.gov/policy/docs/ssb/v68n4/v68n4p15.html">www.ssa.gov/policy/docs/ssb/v68n4/v68n4p15.html</a>.
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Because ISM requires that applicants or recipients receive food,
shelter, or both, by definition, ISM does not apply if applicants or
recipients live alone and pay for their own food and shelter, or if
they live with other people and pay their pro rata share of the food
and shelter expenses for the household.\10\ Further, ISM does not apply
when applicants or recipients live only with their spouses and any
minor children, and nobody outside the household pays for their food
and shelter, regardless of whether the spouse or minor child provides
food or shelter.\11\ Additional circumstances regarding ISM are
discussed further in our regulations.\12\
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\10\ See 20 CFR 416.1133. As a general principle, if SSI
recipients do not contribute their pro-rata share of household
operating expenses, but they do contribute an amount within $20 of
their pro rata share of household operating expenses, we treat the
situation as if the recipients pay their pro rata share, and do not
reduce benefits because of ISM. See POMS SI 00835.160.
\11\ See 20 CFR 416.1148.
\12\ See 20 CFR 416.1130 through 416.1148.
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Deeming Income
In addition to counting ISM that an applicant or recipient
receives, the SSI program deems income of certain individuals to the
SSI applicant or recipient.\13\ ``Deeming'' is the process of
considering a portion of another person's income to be the income of an
SSI applicant or recipient.\14\ When our deeming rules apply, it does
not matter whether the other person's income is actually available to
the applicant or recipient.\15\ In determining an SSI applicant's or
recipient's eligibility and payment amount, we consider both the SSI
applicant's or recipient's own income as well as any relevant deemed
income from others. For example, when a child who is applying for or
receiving SSI lives with a parent who is ineligible for SSI, we deem a
portion of that parent's income to the child through the month in which
the child reaches age 18.\16\ Likewise, when an adult who is
[[Page 67150]]
applying for or receiving SSI lives with a spouse who is ineligible for
SSI, we deem a portion of the spouse's income to the applicant or
recipient.\17\ We look at the deemor's income to see if we must deem a
portion of it to the applicant or recipient, because we expect the
deemor to use some of their income to take care of (some of) the
applicant or recipient's needs. Ultimately, only some of the deemor's
income is assigned to the SSI applicant or recipient.
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\13\ See 42 U.S.C. 1382c(f); 20 CFR 416.1160.
\14\ See 20 CFR 416.1160.
\15\ See 20 CFR 416.1160, 416.1161.
\16\ See 20 CFR 416.1165.
\17\ See 20 CFR 416.1163.
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Some income from ineligible parents and spouses is not deemed to
the SSI applicant or recipient. For example, our current policy
excludes from deeming: the amount of any public income-maintenance
(PIM) payments the ineligible parents and spouses receive under the
programs listed in the PA household definition,\18\ any income that
those programs counted or excluded in determining the amount of the PIM
payments they received, and any income of the ineligible spouse or
parent that is used by a PIM program to determine the amount of that
program's benefit to someone else.\19\ For example, if an ineligible
spouse or parent receives Temporary Aid for Needy Families (TANF)
assistance based on their income of $400 per month, we do not consider
the TANF benefit amount or the $400 in our income determination for the
SSI applicant or recipient.
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\18\ See 20 CFR 416.1142(a).
\19\ See 20 CFR 416.1161(a)(2) and (3).
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Current Policy
We define a PA household as one in which every member of the
household receives a PIM payment under at least one of the following:
1. Title IV-A of the Social Security Act (Temporary Assistance for
Needy Families or TANF);
2. Title XVI of the Social Security Act (Supplemental Security
Income or SSI);
3. The Refugee Act of 1980 (payments based on need);
4. The Disaster Relief and Emergency Assistance Act;
5. General assistance programs of the Bureau of Indian Affairs;
6. State or local government assistance programs based on need (tax
credits or refunds are not assistance based on need); and
7. Department of Veterans Affairs program (payments based on
need).\20\
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\20\ 20 CFR 416.1142(a).
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If an SSI applicant or recipient lives in a PA household, we do not
consider them to be receiving ISM from other people within the
household (i.e., ``inside ISM'').\21\ This policy is based on the idea
that if the other individuals in the household are receiving a PIM
payment, they need their income (and resources) for their own needs and
therefore cannot support the SSI applicant or recipient. Thus, we do
not develop information to determine the amount of inside ISM if an SSI
applicant or recipient is found to be living in a PA household.
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\21\ By contrast, ``outside ISM'' is assistance received from
other individuals living outside of the household.
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As discussed in the ``Deeming Income'' section above, under our
regulations, we do not deem to an SSI applicant or recipient the value
of PIM payments received by an ineligible parent or spouse, the income
used by the PIM program to calculate that program's payment, or any
income of the ineligible spouse or parent that is used by a PIM program
to determine the amount of that program's benefit to someone else. This
is also based on the premise that the income used to demonstrate
eligibility for a PIM program and the PIM payment itself, is required
for the PIM-receiving individual's own needs.
Proposed Policy
We propose two changes and seek public comment on a third potential
change. First, we propose to make a minor clarification to our
definition of a PA household at 20 CFR 416.1142(a). The term ``public
assistance'' may have implications outside our programs. Accordingly,
we propose to clarify that our definition of ``public assistance
household,'' which we use as a term of art, applies only for purposes
of our programs. Second, we propose to revise our definition of a PA
household in 20 CFR 416.1142(a) by adding SNAP \22\ to the existing
list of qualifying PIM programs to better reflect the current landscape
of means-tested public benefits and streamline claims processing for
more people who live in households in which members need their income
(and resources) for their own needs. This includes updating the
relevant sections within our Program Operations Manual System to
reflect the updated regulations.\23\
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\22\ For more information on SNAP, visit <a href="https://www.fns.usda.gov/snap/supplemental-nutrition-assistance-program">https://www.fns.usda.gov/snap/supplemental-nutrition-assistance-program</a>.
\23\ For example, See POMS GN 02250.110.
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We propose these changes based on the Commissioner of Social
Security's rulemaking authority specified in sections 205(a),
702(a)(5), 1631(d)(1), and 1633(a) of the Social Security Act. Under
those sections, the Commissioner may adopt rules regarding the nature
and extent of evidence needed to establish benefit eligibility, as well
as methods of taking and furnishing such evidence.
During the development of this Notice of Proposed Rulemaking
(NPRM), we considered other means-tested programs, including
Medicaid,\24\ the Low Income Home Energy Assistance Program
(LIHEAP),\25\ the Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC),\26\ the Housing Choice Voucher
Program,\27\ Project Based Rental Assistance, and Public Housing,\28\
which we discuss in the ``Rationale for the Proposed Policy'' section
below. Because this is our first proposed expansion of the definition
of a PA household since 1980, when the policy was first established, we
propose including one program and will continue to explore additional
programs. In addition, given our proposed change to the existing list
of qualifying PIM programs, we are seeking public comment on a third
potential change that could further reduce burden on SSI recipients,
members of their households, and SSA--specifically, considering an SSI
applicant or recipient to be residing in a PA household if any other
(as opposed to every) additional household member receives public
assistance.
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\24\ For more information on Medicaid, visit <a href="https://www.medicaid.gov/">https://www.medicaid.gov/</a>.
\25\ For more information on LIHEAP, visit <a href="https://www.acf.hhs.gov/ocs/low-income-home-energy-assistance-program-liheap">https://www.acf.hhs.gov/ocs/low-income-home-energy-assistance-program-liheap</a>.
\26\ For more information on WIC, visit <a href="https://www.fns.usda.gov/wic">https://www.fns.usda.gov/wic</a>.
\27\ For more information on the Housing Choice Voucher Program,
visit <a href="https://www.hud.gov/hcv">https://www.hud.gov/hcv</a>.
\28\ For more information on Public Housing, visit <a href="https://www.hud.gov/program_offices/public_indian_housing/programs/ph">https://www.hud.gov/program_offices/public_indian_housing/programs/ph</a>.
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SNAP provides nutrition benefits via an Electronic Benefit Transfer
(EBT) card, which can be used to buy groceries at authorized food
stores and retailers.\29\ Everyone who lives together and purchases and
prepares meals together is grouped together as one SNAP household; and,
in most cases, the household must meet both gross and net income
limits, which vary with household size, for the household to be
eligible for and receive SNAP benefits.\30\ If everyone in the SNAP
household is receiving TANF or SSI, the household may be deemed
``categorically eligible'' for SNAP because they have already been
determined eligible for another
[[Page 67151]]
means-tested program.\31\ SNAP benefits meet the definition of income
in our regulations.\32\ However, SNAP benefits are excluded from our
income counting based on Federal statute.\33\ Because our current
policy links the types of PIM payments listed in 20 CFR 416.1142(a)
with the income of ineligible spouses and parents that is excluded from
deeming under 20 CFR 416.1161(a)(2)-(3), adding SNAP to the list of PIM
payments will decrease the amount of income that is deemed to SSI
applicants and recipients. If an SSI-ineligible spouse or parent is
receiving SNAP benefits, any income that was counted or excluded in
figuring the amount of the SNAP benefits would not be deemed to the SSI
applicant or recipient. In addition, any income of the ineligible
spouse or parent that is used to determine the amount of SNAP benefits
to someone else would not be deemed to the SSI applicant or recipient.
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\29\ See ``How do I receive SNAP benefits?'' available at
<a href="https://www.fns.usda.gov/snap/recipient/eligibility">https://www.fns.usda.gov/snap/recipient/eligibility</a>.
\30\ See ``Who is in a SNAP household?'' and ``What are the SNAP
income limits?'' available at: <a href="https://www.fns.usda.gov/snap/recipient/eligibility">https://www.fns.usda.gov/snap/recipient/eligibility</a>.
\31\ See ``What are the SNAP income limits?'' available at:
<a href="https://www.fns.usda.gov/snap/recipient/eligibility">https://www.fns.usda.gov/snap/recipient/eligibility</a>.
\32\ See 20 CFR 416.1102.
\33\ 7 U.S.C. 2017(b); see also 20 CFR 416, Subpart K, Appendix
(I)(a).
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After the rule goes into effect, we will calculate inside ISM for
all new applications and redeterminations based on the new policy. We
will work internally to determine the best way of contacting existing
SSI recipients affected by this change. However, we redetermine
recipients eligibility at periodic intervals,\34\ at which time their
benefits will be revised \35\ to reflect the new policy. In addition,
we are exploring whether we may be able to proactively identify within
our systems SSI recipients who would be affected by this change so that
we can prioritize these cases for recalculation of payment amount.
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\34\ See 20 CFR 416.204(b).
\35\ The redetermination covers a limited period. Please see
Program Operations Manual (POMS) SI 02305.034(B).
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Rationale for the Proposed Policy
SSI provides a vital safety net for vulnerable individuals. By
definition, SSI recipients have little income and limited
resources,\36\ and a majority (approximately 52%) live in poverty (even
when including SSI payments).\37\ The PA household provision assumes
that SSI applicants or recipients in PA households are not receiving
ISM from other household members because other household members
presumably need their income and resources for their own needs, and as
such, SSI applicants or recipients should not be charged ISM. When we
established this policy in 1980, we noted that the set of programs we
determined to be for public income-maintenance reflected ``the fact
that other agencies have determined that these individuals need all
their income for their own needs.'' At the time this rule was
finalized, the programs included in our definition broadly reflected
the major means-tested benefits programs. However, the current
landscape of means-tested benefit programs that are intended to serve
individuals who need all of their income for their own needs has
changed. Below, we explain (a) the need to update our definition of PA
households to reflect changes in public assistance programs and
participation over time and (b) our proposed changes.
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\36\ To be eligible for SSI, individuals must demonstrate that
they do not exceed established income or resource amounts (see:
<a href="https://www.ssa.gov/ssi/eligibility">https://www.ssa.gov/ssi/eligibility</a> for current amounts). See
<a href="https://www.ssa.gov/ssi/spotlights/spot-resources">https://www.ssa.gov/ssi/spotlights/spot-resources</a>.
\37\ Messel and Trenkamp. 2022. ``Characteristics of
Noninstitutional DI, SSI, and OASI Program Participants 2016
Update.'' Research and Statistics Note No. 2022-01. Washington, DC:
SSA. Available at: <a href="https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html">https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html</a>. We note that the authors of the study indicate that the
percent of SSI recipients with family income below 100% of the
poverty level is higher for those 65 and older (60.1%) but it is
lower for those under 18 (37.4%). The authors also note that the CPS
ASEC consistently understates the retirement income of aged
individuals, which one should be aware of when considering the
percentage of older SSI recipients in poverty.
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Since the creation of the SSI program in 1972 and its inception in
1974, the landscape of means-tested public benefit programs has changed
significantly. New public benefit programs were established (e.g.,
LIHEAP began in 1981), others were expanded (e.g., food stamps began as
a pilot program in 1961 and began operating nationwide in 1974),\38\
and others became more limited (e.g., Aid to Families with Dependent
Children [AFDC], a means-tested entitlement program available to all
qualifying individuals, was replaced with TANF in 1997, a block-grant
assistance program that is not an entitlement). In addition to overall
changes in the landscape of public assistance programs, there have been
notable shifts in participation between programs. Among the list of
programs included in our current definition of a public assistance
household, participation has mostly decreased. For example, between
1980 and 2022, there was an 82 percent decrease in AFDC/TANF recipients
(from 10 million \39\ to less than 2 million \40\) and an 81 percent
decrease in Department of Veterans Affairs need-based pension
recipients (from 922,000 \41\ to 174,000 \42\).\43\
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\38\ See <a href="https://fns-prod.azureedge.us/snap/short-history-snap">https://fns-prod.azureedge.us/snap/short-history-snap</a>.
\39\ See <a href="https://www.govinfo.gov/content/pkg/GPO-CPRT-105WPRT37945/html/GPO-CPRT-105WPRT37945-2-7.htm">https://www.govinfo.gov/content/pkg/GPO-CPRT-105WPRT37945/html/GPO-CPRT-105WPRT37945-2-7.htm</a>.
\40\ See TANF: Total Number of Recipients at <a href="https://www.acf.hhs.gov/sites/default/files/documents/ofa/fy2022_tanf_caseload.pdf">https://www.acf.hhs.gov/sites/default/files/documents/ofa/fy2022_tanf_caseload.pdf</a>.
\41\ Veterans Affairs (VA). 1980. 1980 Annual Report. <a href="https://www.va.gov/vetdata/docs/FY1980.pdf">https://www.va.gov/vetdata/docs/FY1980.pdf</a>.
\42\ Veteran Benefits Administration. 2022. ``Annual Benefits
Report: Fiscal Year 2022.'' Available at <a href="https://www.benefits.va.gov/REPORTS/abr/docs/2022-abr.pdf">https://www.benefits.va.gov/REPORTS/abr/docs/2022-abr.pdf</a>.
\43\ The decline in veterans' pensions based on need corresponds
in part with the 38 percent decrease in the number of veterans in
the United States over this period, from 30,118,000 in 1980 to
18,592,457 in 2022.
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By contrast, over the same period, there was a 50 percent increase
in SSI recipients (from less than 4 million to more than 7
million).\44\ Relatedly, there have been increases in other means-
tested programs that are now more likely to provide public assistance
to low-income individuals and households in the U.S. than our current
list of public assistance household programs. For example, over this
same period, there was a 100 percent increase in SNAP recipients (from
21 million \45\ to 42 million \46\), a 70 percent increase in WIC
recipients (from 2 million \47\ to 6 million \48\), a 75 percent
increase in Medicaid recipients (from 22 million \49\ to 85 million
\50\), and a 65 percent increase in HUD housing assistance recipients
(from 2 million \51\ to 7 million \52\). The number of households
receiving LIHEAP has fluctuated over time in response to energy crises
and changes in appropriations; for example,
[[Page 67152]]
LIHEAP served 7.1 million households at the start of the program in
1981, 3.9 million in 2000, 8.1 million in 2010,\53\ and 5.4 million in
2021.\54\ Despite these shifts in program availability and
participation among low-income households, we have not updated our
definition of a PA household since it was established in 1980, to
better reflect these more widely-used public assistance programs.\55\
Revising the definition of PA households aligns with our Agency
Strategic Plan (ASP) for Fiscal Years 2022-2026 goal to optimize the
experience of our customers \56\ and feedback we received from
advocates to update and streamline SSI's ISM rules.\57\
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\44\ See <a href="https://www.ssa.gov/OACT/ssir/SSI23/ssi2023.pdf">https://www.ssa.gov/OACT/ssir/SSI23/ssi2023.pdf</a>.
\45\ Congressional Budget Office. 1988. ``The Food Stamp
Program: Eligibility and Participation.'' Available at <a href="https://www.cbo.gov/sites/default/files/100th-congress-1987-1988/reports/88-cbo-0010.pdf">https://www.cbo.gov/sites/default/files/100th-congress-1987-1988/reports/88-cbo-0010.pdf</a>.
\46\ U.S. Department of Agriculture Food and Nutrition Service
(USDA FNS). 2022. Supplemental Nutrition Assistance Program
Participation and Costs. <a href="https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAPsummary-5.pdf">https://fns-prod.azureedge.us/sites/default/files/resource-files/SNAPsummary-5.pdf</a>.
\47\ See <a href="https://www.ers.usda.gov/webdocs/publications/46648/15834_fanrr27c_1_.pdf">https://www.ers.usda.gov/webdocs/publications/46648/15834_fanrr27c_1_.pdf</a>).
\48\ See https://www.ers.usda.gov/topics/food-nutrition-
assistance/wic-program/
#:~:text=WIC%20served%20about%206.3%20million,infants%20in%20the%20Un
ited%20States.
\49\ See https://socialwelfare.library.vcu.edu/public-welfare/
medicaid-program/
#:~:text=Nationally%2C%20for%201980%2C%2021.6%20million,over%2065%20y
ears%20of%20age.
\50\ As of December 2022, available at: <a href="https://data.medicaid.gov/dataset/6165f45b-ca93-5bb5-9d06-db29c692a360/data">https://data.medicaid.gov/dataset/6165f45b-ca93-5bb5-9d06-db29c692a360/data</a>.
\51\ See <a href="https://crsreports.congress.gov/product/pdf/RL/RL34591">https://crsreports.congress.gov/product/pdf/RL/RL34591</a>.
\52\ This includes 5.2 million people living in federally
subsidized units and 1.6 million people living in public assistance
housing in 2022. See <a href="https://www.huduser.gov/portal/datasets/assthsg.html">https://www.huduser.gov/portal/datasets/assthsg.html</a>.
\53\ See <a href="https://www.everycrsreport.com/files/20180622_RL31865_85805bac2287a504f2a4eb05e4637a3cd21eaa2e.pdf">https://www.everycrsreport.com/files/20180622_RL31865_85805bac2287a504f2a4eb05e4637a3cd21eaa2e.pdf</a>.
\54\ See <a href="https://liheappm.acf.hhs.gov/datawarehouse/custom_reports?years=2021|&grantees=AG&reportId=7">https://liheappm.acf.hhs.gov/datawarehouse/custom_reports?years=2021|&grantees=AG&reportId=7</a>.
\55\ Between the NPRM and final rule, we added need-based
Veterans Affairs payments and broadened the listing covering
assistance programs provided by State and local governments. In
1980, we also made technical changes clarifying that tax credits and
refunds are not assistance provided by a state or local government
and updating the list by replacing the Migration and Refugee
Assistance Act of 1962 and the Indochina Migration and Refugee
Assistance Act of 1975 with the Refugee Assistance Act of 1980.
Since 1980, we made two other technical revisions to our PA
household policy in 20 CFR 416.1142. In 1992, we changed ``Disaster
Relief Act of 1974'' to the ``Disaster Relief and Emergency
Assistance Act,'' and ``Veterans Administration'' to the
``Department of Veterans Affairs.'' See 57 FR 53849 (Nov. 13, 1992).
In 2005, we made a technical revision by changing ``Aid to Families
with Dependent Children'' to ``Temporary Assistance for Needy
Families.'' See 70 FR 41135 (July 18, 2005).
\56\ Social Security Administration, Agency Strategic Plan:
Fiscal Years 2022-2026, available at: <a href="https://www.ssa.gov/agency/asp/">https://www.ssa.gov/agency/asp/</a>.
\57\ Cf. Notice of Proposed Rulemaking, Omitting Food From In-
Kind Support and Maintenance Calculations. 88 FR 9779, published
February 15, 2023; Executive Order 12866 Combined Listening Session
Notes (Fall 2022), available at: <a href="https://www.regulations.gov/document/SSA-2021-0014-0003">https://www.regulations.gov/document/SSA-2021-0014-0003</a>.
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Adding SNAP to the List of Public-Income Maintenance Programs
We propose to expand the definition of PA households to include
SNAP. We analyzed SNAP, Medicaid, WIC, HUD housing assistance, and
LIHEAP and concluded that SNAP is a logical and meaningful first
addition, as discussed below.
First, adding SNAP (and considering other, more inherently in-kind
benefits like Medicaid) reflects the shift in public participation for
in-need individuals from using income supports that are purely cash
assistance programs (such as those under our current regulations)
toward voucher-based or in-kind support programs. When the SSI program
began, AFDC was one of the predominant means-tested programs,\58\ but
since then, participation in TANF has declined, reducing the usefulness
of TANF as a tool for identifying low-income households. For example,
the share of families with children in poverty who received AFDC/TANF
decreased from 82% in 1979 to 21% in 2020.\59\ Because there have not
been adjustments to account for inflation or population changes, much
of the decline in cash assistance caseloads under TANF resulted from a
reduction in the share of eligible families receiving benefits, rather
than a reduction in the number of families meeting States' eligibility
criteria.\60\
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\58\ See Figure 3 in Moffitt. 2015. ``The Deserving Poor, the
Family, and the U.S. Welfare System, Demography. 2015 Jun; 52(3):
729-749. Available at: <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC448770">https://www.ncbi.nlm.nih.gov/pmc/articles/PMC448770</a>.
\59\ See <a href="https://www.cbpp.org/tanfs-reach-declined-significantly-over-time-6">https://www.cbpp.org/tanfs-reach-declined-significantly-over-time-6</a>.
\60\ See <a href="https://fns-prod.azureedge.us/snap/short-history-snap">https://fns-prod.azureedge.us/snap/short-history-snap</a>;
See <a href="https://www.govinfo.gov/content/pkg/GPO-CPRT-105WPRT37945/html/GPO-CPRT-105WPRT37945-2-7.htm">https://www.govinfo.gov/content/pkg/GPO-CPRT-105WPRT37945/html/GPO-CPRT-105WPRT37945-2-7.htm</a>;
See TANF: Total Number of Recipients at <a href="https://www.acf.hhs.gov/sites/default/files/documents/ofa/fy2022_tanf_caseload.pdf">https://www.acf.hhs.gov/sites/default/files/documents/ofa/fy2022_tanf_caseload.pdf</a>.
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As needs-based programs have shifted from cash assistance benefits
toward voucher or in-kind payments that are not included in our current
definition, we have a reduced ability to effectively identify the
households we intended to serve under the original PA households
regulation. Particularly considering the decline in participation in
some PIM programs in our current PA household definition and relatively
high SNAP participation rates, adding SNAP to the definition would help
us better identify households in which members need their income (and
resources) for their own needs. Indeed, the USDA estimates that 82
percent of eligible people received SNAP in 2019, including at least
half of eligible families across States.\61\ SNAP recipients have been
determined to be low-income \62\ and, therefore, need their income (and
resources) to take care of their own needs,\63\ which is consistent
with our policy when we first established the definition of a PA
household. In our 1979 proposed rule to establish the PA household
policy, we stated: ``If you live in a household where every person is
receiving some kind of public income maintenance payments, we assume
that no one in the household is providing you with food, clothing, or
shelter[.]'' \64\ The basis for this policy is ``the fact that [we or]
other agencies have determined that . . . individuals [who receive PA]
need all their income for their own needs.'' \65\ While we are not
proposing to include other means-tested programs like Medicaid, LIHEAP,
or HUD public housing and voucher programs assistance benefits at this
time we invite the public to share their thoughts on how these programs
might align with our proposed new policy. Many SSI recipients live in
households that rely on these contemporary public benefits programs.
For example, an SSA study found that, in 2016, 52 percent of SSI
recipients \66\ live in households receiving food assistance through
SNAP, 23 percent live in households receiving housing assistance, and
17 percent live in households receiving energy assistance.\67\ Another
study found that, in 2017, 80 percent of households with at least one
SSI recipient included one or more household members who received
Medicaid.\68\
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\61\ See <a href="https://www.fns.usda.gov/snap/estimates-program-participation-rates-2019">https://www.fns.usda.gov/snap/estimates-program-participation-rates-2019</a>.
\62\ SNAP income limits vary by household size, but in most
cases, households must meet both the gross (130 percent of poverty)
and net (100 percent of poverty) income limits. For example, for a
family of three, the gross monthly income limit is $2,495 and the
net monthly income limit is $1,920. For more information see ``What
are the SNAP income limits?'' at <a href="https://www.fns.usda.gov/snap/recipient/eligibility">https://www.fns.usda.gov/snap/recipient/eligibility</a>.
\63\ The Congressional Declaration of Policy for the SNAP
program notes, ``Congress finds that the limited food purchasing
power of low-income households contributes to hunger and
malnutrition among members of such households,'' suggesting that the
purpose of SNAP is to support individuals and families who lack the
necessary income to afford nutritional food. 7 U.S.C. 2011.
\64\ Dept. of Health, Education, and Welfare--Social Security
Administration. NPRM. 44 FR 6429, 6435. (Feb. 1, 1979).
\65\ 45 FR 65541, 65542 (Oct. 3, 1980).
\66\ The study includes all respondents who self-reported that
they received SSI payments in the March 2017 Annual Social and
Economic Supplement (ASEC) of the Current Population Survey (CPS).
\67\ Messel and Trenkamp. 2022. ``Characteristics of
Noninstitutional DI, SSI, and OASI Program Participants 2016
Update.'' Research and Statistics Note No. 2022-01. Washington, DC:
SSA. Available at: <a href="https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html">https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html</a>.
\68\ Giefer. 2021. ``A Profile of Supplemental Security Income
Recipients: 2017.'' U.S. Census Bureau. Available at <a href="https://www.census.gov/content/dam/Census/library/publications/2021/demo/p70br-171.pdf">https://www.census.gov/content/dam/Census/library/publications/2021/demo/p70br-171.pdf</a>. This study includes all respondents who self-reported
that they received SSI payments in the U.S. Census Bureau, 2018
Survey of Program and Participation(SIPP) Public Use File. Each SIPP
panel follows individuals for several years, providing monthly data
that measure changes in household and family composition and
economic circumstances over time.
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Second, although we may consider adding other programs, SNAP
eligibility and receipt has relatively low State variability, while
still allowing us to identify most SSI beneficiaries who likely live in
low-income households. SNAP is a nationwide program with relatively
uniform eligibility standards. This will contribute to a more
[[Page 67153]]
straightforward operational and systems rollout of the new policy, and
greater consistency in recipients' experiences across States.\69\
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\69\ Specifically, while income limits to be eligible for SNAP
vary by the size of the household and certain deductions from income
are allowed, net monthly income limits are set at 100 percent of the
poverty level and net income is gross income minus allowable
deductions. SNAP has work requirements, but some groups may not be
subject to these requirements, including children, seniors, pregnant
women, and people who are exempt for physical or mental health
reasons. If eligible, SNAP recipients receive a notice that states
how long they will receive SNAP benefits, which is called the
certification period. Households must reapply for SNAP periodically,
typically every 6 to 12 months for most families and every 12 to 24
months for older adults and people with disabilities.
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By contrast, programs with shorter or less predictable benefit
periods might require more frequent development of individuals' living
arrangements, which could be burdensome for recipients and our staff.
Similarly, as we strive for uniformity across the SSI program, we
recognize that programs with enrollment caps, waiting lists, or
variable eligibility criteria may lead to disparate treatment of
similarly situated SSI recipients. We will continue to explore options
to add other programs to our definition of PA households.
Third, SNAP participation overlaps to a great extent with
participation in other means-tested programs and thus by adding SNAP to
the definition of PA households, we anticipate that we will also
capture many of the individuals who receive benefits from other means-
tested programs. For example, our Office of the Chief Actuary
estimates, using the 2022 Annual Social and Economic Supplement (ASEC)
to the Current Population Survey (CPS), that expanding our definition
of a PA household to include SNAP would capture about 67 percent of SSI
recipients who are also living in households currently participating in
Medicaid, HUD public housing and voucher programs, or LIHEAP.
Fourth, incorporating SNAP into the definition of PA households
will reduce benefit reductions for low-income families. These changes
will reduce administrative burdens for SSI applications and recipients,
as well as for the agency, as these individuals will not have to
provide household expenses information once they establish themselves
as living in a PA household \70\ (because living in a PA household
means the applicant or recipient is considered not to receive any ISM
from other household members). It would also lower administrative
barriers for SSI applicants and recipients, while addressing the needs
of our SSI population. The benefits of expanding access to SSI and
reducing the complexity of the program have been highlighted by
numerous organizations. In 2015, the Social Security Advisory Board
commented on the complexity of ISM, noting that the research indicated
that ISM ``computations significantly complicate administration'' of
SSI and lead to payment errors.\71\ The Social Security Advisory Board
recommended that we ``find simpler ways to administer the SSI
program.'' \72\ On a related note, advocacy organizations \73\ had
suggested including SNAP in the definition of PA households in response
to our NPRM, Omitting Food From In-Kind Support and Maintenance
Calculations,\74\ and expanding the definition to include SNAP is also
consistent with the goals of the White House National Strategy on
Hunger, Nutrition, and Health.\75\
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\70\ For further discussion of the benefits of reduced burdens
and barriers related to developing ISM, see our proposed rule
Omitting Food From In-Kind Support and Maintenance Calculations, 88
FR 9779, February 15, 2023.
\71\ Social Security Advisory Board (SSAB). 2015. Social
Security Advisory Board Statement on the Supplemental Security
Income Program: The Complexity of In-Kind Support and Maintenance.
<a href="https://www.ssab.gov/wp-content/uploads/2021/03/2015_-SSI_In-Kind_SupportMaintenance.pdf">https://www.ssab.gov/wp-content/uploads/2021/03/2015_-SSI_In-Kind_SupportMaintenance.pdf</a>.
\72\ Id.
\73\ See Comment from Center on Budget and Policy Priorities,
available at: <a href="https://www.regulations.gov/comment/SSA-2021-0014-3898">https://www.regulations.gov/comment/SSA-2021-0014-3898</a>;
Comment from Disability Law Center, available at: <a href="https://www.regulations.gov/comment/SSA-2021-0014-4269">https://www.regulations.gov/comment/SSA-2021-0014-4269</a>;
Comment from Coalition on Human Needs, available at: <a href="https://www.regulations.gov/comment/SSA-2021-0014-4268">https://www.regulations.gov/comment/SSA-2021-0014-4268</a>;
Comment from National Association of Disability Representatives,
available at: <a href="https://www.regulations.gov/comment/SSA-2021-0014-3851">https://www.regulations.gov/comment/SSA-2021-0014-3851</a>; and
Comment from Center for Law and Social Policy (CLASP), available
at: <a href="https://www.regulations.gov/comment/SSA-2021-0014-4270">https://www.regulations.gov/comment/SSA-2021-0014-4270</a>.
\74\ Omitting Food From In-Kind Support and Maintenance
Calculations, 88 FR 9779, February 15, 2023.
\75\ White House. 2022. Biden-Harris Administration National
Strategy on Hunger, Nutrition, and Health, available at: <a href="https://www.whitehouse.gov/wp-content/uploads/2022/09/White-House-National-Strategy-on-Hunger-Nutrition-and-Health-FINAL.pdf">https://www.whitehouse.gov/wp-content/uploads/2022/09/White-House-National-Strategy-on-Hunger-Nutrition-and-Health-FINAL.pdf</a>.
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This change to our definition of PA households is a logical and
meaningful step towards ensuring that ISM and income deeming for those
receiving means-tested benefits do not undermine the economic security
of households who receive SNAP. Expanding the definition of a PA
household will ensure our policies better represent the current
landscape of means-tested programs in the United States and reduce
administrative burdens.
Potential Policy Change--Shifting From ``Every'' to ``Any'' Member of
the Household
We seek public comment on a potential policy change to expand the
definition of PA households to include households in which any other
household member receives public assistance. In establishing the Public
Assistance Household rule in 1980, we noted that our rule ``relied on
the fact that other agencies have determined that these individuals
need all their income for their own needs.'' \76\ Because SNAP is a
household-level benefit, a similar determination has already been made
for all members of the household. Other PIM programs included in our
current rule are similarly based on household eligibility criteria.
With the proposed addition of SNAP, especially given its high rate of
participation, it might be unnecessary to develop PIM participation for
every member of the household.
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\76\ 45 FR 65542.
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In addition, our current requirement that every member of the
household be receiving a PIM payment might disadvantage individuals in
low-income households with a household member who is not receiving a
PIM payment for reasons unrelated to need. SNAP and TANF restrict
certain individuals in the household from receiving benefits even if
their income is used to determine the household's eligibility. For
example, adults who have exceeded eligibility time limits and certain
non-citizens are not eligible to receive TANF.\77\ Another example is
that some members of a household are not eligible to receive SNAP
because of their immigration status.\78\ In these examples, although
the SSI recipient lives in a household where the other members are
receiving TANF or SNAP, we would not consider this a PA Household
because not every member of the household is receiving a PIM payment.
As a result, we may treat the SSI recipient as receiving inside ISM and
would reduce their benefit by up to one-third of the FBR.
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\77\ <a href="https://www.acf.hhs.gov/sites/default/files/documents/ofa/fy2021_characteristics.pdf">https://www.acf.hhs.gov/sites/default/files/documents/ofa/fy2021_characteristics.pdf</a>.
\78\ See ``Are non-citizens eligible for SNAP?'' at <a href="https://www.fns.usda.gov/snap/recipient/eligibility">https://www.fns.usda.gov/snap/recipient/eligibility</a>.
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In addition, within households with an SSI applicant or recipient
and at least one other member receiving means-tested benefits, it may
be reasonable to infer that in most cases, all members of the household
are low income and need their income and resources to support their own
needs. For instance:
[[Page 67154]]
<bullet> Seventy percent of SSI recipients live in households with
family incomes below $30,000.\79\
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\79\ Messel and Trenkamp. 2022. ``Characteristics of
Noninstitutional DI, SSI, and OASI Program Participants 2016
Update.'' Research and Statistics Note No. 2022-01. Washington, DC:
SSA. Available at: <a href="https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html">https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html</a>.
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<bullet> In FY 2020, 81 percent of SNAP households had gross
monthly income less than or equal to the poverty line.\80\
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\80\ See USDA FNS. 2022. Characteristics of U.S. Department of
Agriculture's Supplemental
Nutrition Assistance Program Households: Fiscal Year 2020.
Available at <a href="https://fns-prod.azureedge.us/sites/default/files/resource-files/Characteristics2020-Summary.pdf">https://fns-prod.azureedge.us/sites/default/files/resource-files/Characteristics2020-Summary.pdf</a>.
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<bullet> An analysis of families receiving multiple public benefits
found that higher levels of benefit receipt is associated with lower
income, earnings, and employment, and greater material hardship.\81\
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\81\ Edelstein, Pergamit, and Ratcliffe. 2014. Characteristics
of Families Receiving Multiple Public Benefits. The Urban Institute.
Available at <a href="https://www.urban.org/sites/default/files/publication/22366/413044-Characteristics-of-Families-Receiving-Multiple-Public-Benefits.PDF">https://www.urban.org/sites/default/files/publication/22366/413044-Characteristics-of-Families-Receiving-Multiple-Public-Benefits.PDF</a>.
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<bullet> A 2013 study found that after accounting for SSI benefits,
only 8 percent of non-couple, multirecipient SSI households in which
every member received SSI lived in poverty, whereas 25 percent of non-
couple, multirecipient SSI households where there is at least one
member who does not receive SSI lived in poverty.\82\
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\82\ Nicholas. 2013. Prevalence, Characteristics, and Poverty
Status of Supplemental Security Income Multirecipients. Social
Security Bulletin, Vol. 73, No. 3, Washington, DC: SSA. Available at
<a href="https://www.ssa.gov/policy/docs/ssb/v73n3/v73n3p11.html">https://www.ssa.gov/policy/docs/ssb/v73n3/v73n3p11.html</a>.
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<bullet> The 2019 Survey of Income and Program Participation finds
that in households that receive both TANF and SSI, 85.7 percent (+/-
8.4%) have incomes less than 200 percent of the Federal Poverty Level,
even after all transfers (that is, including the income the household
receives from all sources of cash public assistance payments).\83\
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\83\ We selected the 2019 (reference year 2018) SIPP survey
because it had the largest sample size of pre- COVID 19 SIPP
surveys. U.S. Census Bureau. 2019. Survey of Income and Program
Participation. Available at <a href="https://www.census.gov/library/visualizations/interactive/social-safety-net-benefits.html">https://www.census.gov/library/visualizations/interactive/social-safety-net-benefits.html</a>. The most
recent SIPP survey found that 61.2 percent (+/- 21.4%) of these same
households had incomes less than 200 percent of the Federal Poverty
Level. The 2021 SIPP is inclusive of COVID-era stimulus payments and
other transfer programs that no longer exist.
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<bullet> Lastly, related to the proposed policy to add SNAP to the
PA household definition, among households receiving SSI in 2021, 64.7
percent also qualified for and received SNAP.\84\
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\84\ U.S. Census Bureau. 2022. Who Is Receiving Social Safety
Net Benefits? available at <a href="https://www.census.gov/library/stories/2022/05/who-is-receiving-social-safety-net-benefits.html">https://www.census.gov/library/stories/2022/05/who-is-receiving-social-safety-net-benefits.html</a>.
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This potential change could further simplify the development of
living arrangements and ISM, reduce SSA's administrative costs and
compliance costs during initial determinations and redeterminations for
applicants and recipients living in PA households, and reduce ISM
complexities that lead to payment errors. Removing the requirement that
every other member is in receipt of a PIM payment could better ensure
that we reach all qualified SSI beneficiaries based on their need,
especially in cases where one individual in a household was
categorically ineligible for a PIM payment for reasons unrelated to
their potential need.
Solicitation for Public Comment
As discussed elsewhere in this NPRM, we are seeking public comment
on this proposed rule. Questions that interested parties may wish to
consider when evaluating this proposed rule:
1. Should we expand the definition of PA households to include
households in which any other household member (in addition to the SSI
applicant or recipient) receives public assistance? As discussed above,
generally SSI applicants and recipients live in low-income households
and may live in households where certain individuals are ineligible for
PIM payments for reasons unrelated to need. Would this change to PA
households ensure that our definition appropriately captures low-income
households in which individuals need their income and resources to
support their own needs?
2. Are there additional aspects of the PA household definition that
we could simplify under current statutory authorities? What would be
the effects of doing so?
3. Are there any other means-tested programs, such as Medicaid,
that we should consider adding to the PA household definition? We
encourage including any sources of support with these recommendations.
If we expand our definition to include additional programs, what would
be the implications for SSI recipients across States? To what extent
will program variability across states and in terms of eligibility
thresholds, income limits, enrollment caps, seasonality or time limits,
frequency of recertification, and other factors affect SSI recipients?
4. What factors should we consider when determining if additional
programs should be added to the PA household definition? For example,
factors could include the size of the program, overlap among means-
tested programs, and eligibility requirements.
5. Do you have additional information that relates to or otherwise
informs our description of SSI applicant or recipient experiences under
current PA household policies?
6. Are there forms or other information collections that we have
not noted that would or should require modification as a result of this
proposed policy change?
7. Are there other information collection improvements that could
further reduce respondent burden, either under the current ISM policy
or under the policy proposed in this rule?
8. Is there additional data or research related to equity and the
SSI population (or, more generally, low-income or disabled populations)
that could also be used to inform any final rule?
9. Do you have any additional justifications for, or arguments
against, this proposed rule?
10. Are there methods we could use to measure the time-savings
associated for claimants or other members of the public with this
proposed rule? Are there methods of the value of time we could use to
measure the opportunity costs associated with our current or proposed
policy?
Rulemaking Analyses and Notices
We will consider all comments we receive on or before the close of
business on the comment closing date indicated above. The comments will
be available for examination in the rulemaking docket for these rules
at the above address. We will file comments received after the comment
closing date in the docket and will consider those comments to the
extent practicable. However, we will not respond specifically to
untimely comments. We may publish a final rule at any time after close
of the comment period.
Clarity of These Proposed Rules
Executive Order (E.O.) 12866, as supplemented by E.O. 13563 and
E.O. 14094, requires each agency to write all rules in plain language.
In addition to your substantive comments on these proposed rules, we
invite your comments on how to make them easier to understand.
For example:
<bullet> Would more, but shorter, sections be better?
<bullet> Are the requirements in the rules clearly stated?
<bullet> Have we organized the material to suit your needs?
<bullet> Could we improve clarity by adding tables, lists, or
diagrams?
<bullet> What else could we do to make the rules easier to
understand?
<bullet> Do the rules contain technical language or jargon that is
not clear?
<bullet> Would a different format make the rules easier to
understand, e.g., grouping
[[Page 67155]]
and order of sections, use of headings, paragraphing?
When will we start to use this rule?
We will not use this rule until we evaluate public comments and
publish a final rule in the Federal Register. All final rules include
an effective date. We will continue to use our current rules until that
date. If we publish a final rule, we will include a summary of those
relevant comments we received along with responses and an explanation
of how we will apply the new rule.
Regulatory Procedures
E.O. 12866, as Supplemented by E.O. 13563 and E.O. 14094
We consulted with the Office of Management and Budget (OMB) and
determined that this rule is significant under Section 3(f)(1) of E.O.
12866, as supplemented by E.O. 13563 and E.O. 14094. Therefore, OMB
reviewed it.
Anticipated Transfers to Our Program
Transfer Payments for Current Policy Proposal
The primary anticipated impact of this rule is an increase in
monetary transfers from the government to SSI recipients. Our Office of
the Chief Actuary (OCACT) estimates that implementation of this
proposed rule would result in a total increase in Federal SSI payments
of $14.8 billion over fiscal years 2024 through 2033, assuming
implementation of this rule on May 15, 2024. This represents an
increase of approximately two percent in total Federal SSI payments in
fiscal year 2033, when the effects of the rule would be fully realized.
To estimate the impact, OCACT used the Annual and Social Economic
Supplement (ASEC) to the Current Population Survey (CPS) and our
administrative data. We expect that adding SNAP to the list will
increase the number of PA households for which we do not charge inside
ISM, which will increase Federal SSI payments for these beneficiaries.
In addition, we expect that no longer deeming income from ineligible
spouses and parents who receive SNAP will increase Federal SSI
payments. According to our Office of Systems, Office of Benefit
Information Systems, as of January 2023, there were 303,609 SSI
recipients living in a PA household according to the current
definition, approximately four percent of our total 7.7 million SSI
recipients.\85\ We expect the share of SSI recipients living in a PA
household, as defined under the proposed rule, to increase
substantially when the new rule is implemented. Specifically, OCACT
estimates that once this proposed rule is implemented and the effects
have stabilized, in fiscal year 2033 roughly 253,000 Federal SSI
recipients (3 percent of all SSI recipients) will have an increase in
monthly payments compared to current rules, and an additional 101,000
individuals (1 percent increase) will receive Federal SSI payments who
would not have been eligible under current rules.
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\85\ Annual Statistical Supplement, 2022--Summary of SSI.
Available at: <a href="https://www.ssa.gov/policy/docs/statcomps/supplement/2022/7a.html">https://www.ssa.gov/policy/docs/statcomps/supplement/2022/7a.html</a>.
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Additionally, as with the PIM payments in our regulations that
interact with the SSI program rules, adding SNAP benefits to our PA
household definition could result in a reduction of SNAP benefits. For
example, if an ineligible spouse or parent were receiving SNAP, we
would no longer deem their income to an SSI applicant or recipient. Not
deeming income for SSI purposes could lead to an increase in the SSI
payment, which could in turn cause the household to receive a SNAP
reduction that is 30 percent of the SSI increase, up to the point of
ineligibility.\86\ The household's ineligibility for SNAP could mean,
in turn, that the SSI recipient is no longer part of a PA household for
SSI purposes. Our understanding is that: an individual or household
generally would prefer cash to SNAP benefits; an increase in SSI could
not result in a decrease in SNAP benefits greater than the increase in
SSI; and, in the main, the increase in SSI that may result from adding
SNAP to our definition of a PA household will be favorable on net to
individuals and households. However, we recognize that the interplay
among various benefit types, as well as the relationships and financial
interests of the SSI individual and other household members, can be
complicated. We cannot necessarily predict how the proposed change
could affect individuals participating in other programs within these
households.
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\86\ Because SNAP households are expected to spend about 30
percent of their own resources on food, the maximum monthly
allotment is calculated by multiplying a household's net monthly
income by 0.3 and subtracting the result from the maximum monthly
allotment for the household size. See ``How much could I receive in
SNAP benefits?'' at <a href="https://www.fns.usda.gov/snap/recipient/eligibility">https://www.fns.usda.gov/snap/recipient/eligibility</a>.
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Transfer Payments for Potential Future ``Every''/``Any Other'' Change
If we were to adopt the change to the PA Household definition from
every member to any other member, in addition to adding SNAP to the
list of PIM programs, our Office of the Chief Actuary (OCACT) estimates
that implementation of this change would result in a total increase in
Federal SSI payments relative to our current rules of $15.9 billion
over fiscal years 2024 through 2033, assuming implementation of this
rule on May 15, 2024. This represents an increase in Federal SSI
payments that is about 8 percent higher than the estimate for the
current proposal. OCACT estimates that if this change were implemented,
in fiscal year 2033 roughly 278,000 Federal SSI recipients would have
an increase in monthly payments compared to the current rules (10
percent increase compared to the current proposal) and an additional
113,000 individuals (13 percent increase compared to the estimated
number for the current proposal) would receive Federal SSI payments who
would not have been eligible under current rules.
Anticipated Net Administrative Cost to the Social Security
Administration
The Office of Budget, Finance, and Management estimates that this
proposal will result in a total net administrative cost of $105 million
for the 10-year period from FY 2024 to FY 2033. This estimate includes
costs to update our systems, to send notices to inform current
recipients of the policy changes, to address inquiries from the
notices, to verify receipt of SNAP benefits, and to perform additional
post-eligibility actions to account for changes in living arrangements.
Under this proposed regulation, more individuals will be eligible for
SSI benefits than under the current rule, resulting in additional costs
to process additional claims, reconsiderations, appeals,
redeterminations, and post-eligibility actions. The aforementioned
costs are partially offset by processing time savings as field office
employees will not have to spend time developing for household
expenses/contributions, the income of deemors, or go through the inside
ISM determination process during initial claims, pre-effectuation
reviews, redeterminations, and post-eligibility actions.
Anticipated Qualitative Costs & Benefits
We anticipate qualitative benefits from the proposed revision of
adding SNAP to the PA household definition, thereby ensuring that ISM
and income deeming do not undermine the economic security of households
who receive nutrition assistance.
Under our proposed policy, the list of programs would include SNAP.
Once we identify that an SSI applicant or recipient lives in a PA
household, they would not have to provide household expenses
information.
[[Page 67156]]
Currently, the SSI applicant or recipient is responsible for
answering questions about public assistance received so that we may
determine if they reside in a PA household. Our current policy requires
documentation on the PIM payments received. This will not change, but
we will add SNAP to the list of programs that are considered for PA
households. Like under our current policy, we will need to verify
receipt of benefits from this program. Processing time at our
processing centers may temporarily increase while we recalculate
benefit amounts for current SSI recipients and process an influx of
newly eligible SSI applicants.
It is possible this proposed regulatory change may incentivize
current SSI recipients to change living arrangements to co-locate with
family or friends who are receiving SNAP. This may increase the need
for additional development in these circumstances. This is similar to
our current policy that requires SSI applicants and recipients to
notify us of changes in their living arrangements. SSI applicants and
recipients will need to ask ineligible spouses or parents whether their
income was used to determine eligibility for or the amount of the SNAP
benefits. If it was, we would exclude the income for deeming purposes
in the SSI program.
Executive Order 13132 (Federalism)
We analyzed this proposed rule in accordance with the principles
and criteria established by E.O. 13132 and determined that the proposed
rule will not have sufficient federalism implications to warrant the
preparation of a federalism assessment. We also determined that this
proposed rule will not preempt any State law or State regulation or
affect the States' abilities to discharge traditional State
governmental functions.
Regulatory Flexibility Act
We certify that these proposed rules will not have a significant
economic impact on a substantial number of small entities because they
affect individuals only. Therefore, a regulatory flexibility analysis
is not required under the Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
These rules do not create any new collections, or require revisions
to existing collections, and, therefore, do not require Office of
Management and Budget approval under the Paperwork Reduction Act.
However, the application of the revisions to these rules may cause
burden changes to the collection instruments for the following
information collection requests: 0960-0174, the SSA-8006, Statement of
Living Arrangements, In-Kind Support and Maintenance; 0960-0456, the
SSA-8011, Statement of Household Expense and Contributions; and 0960-
0529, the SSA-5062, Claimant Statement about Loan of Food or Shelter,
and the SSA-L5063-F3, Statement about Food or Shelter Provided to
Another. We anticipate a small burden reduction per response for the
SSA-8006 (0960-0174) as respondents will not need to develop the
responses about their household. In addition, we anticipate a 50%
reduction in the number of respondents based on those who indicate they
are part of a Public Assistance Household and who may not need to
complete the follow-up forms SSA-5062, SSA-L5063, SSA-8006, and SSA-
8011.
The following chart shows the reduction in time burden information
associated with the proposed rule:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Anticipated Anticipated
Current Current Anticipated new estimated
average estimated new burden per total Estimated
OMB #; form #; CFR citations Number of Frequency burden per total number of response burden burden
respondents of response response burden respondents under under savings
(minutes) (hours) under regulation regulation (hours)
regulation (minutes) (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
0960-0174 SSA-8006 (Paper Form).................. 12,160 1 7 1,419 12,160 6 1,216 203
0960-0174 SSA-8006 (SSI Claims System)........... 109,436 1 7 12,768 109,436 6 10,944 1,824
0960-0456 SSA-8011-F3 (Paper Form)............... 21,000 1 15 5,250 10,500 ........... 2,625 2,625
0960-0456 Personal Interview (SSI Claims System). 398,759 1 15 99,690 199,380 ........... 49,845 49,845
0960-0529 SSA-5062 (Paper version)............... 29,026 1 30 14,513 14,513 ........... 7,257 7,256
096-0529 SSA-5062 (SSI claim system)............. 29,026 1 20 9,675 14,513 ........... 4,838 4,837
0960-0529 SSA-L5063 (Paper version).............. 29,026 1 30 14,513 14,513 ........... 7,257 7,256
0960-0529 SSA-L5063 (SSI claim system)........... 29,026 1 20 9,675 14,513 ........... 4,838 4,837
------------------------------------------------------------------------------------------------------
Totals....................................... 657,459 ........... ........... 167,503 389,528 ........... 88,820 78,693
--------------------------------------------------------------------------------------------------------------------------------------------------------
The following chart shows the reduction in theoretical cost burdens
associated with the proposed rule:
----------------------------------------------------------------------------------------------------------------
Average
Estimated Average combined wait Anticipated
Anticipated burden per theoretical time in field annual
OMB #; form #; CFR citations new number of response from hourly cost office and/or opportunity
respondents chart above amount teleservice cost (dollars)
(minutes) (dollars) * centers ***
(minutes) **
----------------------------------------------------------------------------------------------------------------
0960-0529 SSA-5062 (Paper 14,513 30 * $21.29 ** 24 *** $432,506
version)....................
0960-0529 SSA-5062 (SSI claim 9,675 20 * $21.29 ** 24 *** $288,373
system).....................
0960-0529 SSA-L5063 (Paper 14,513 30 * $21.29 ** 24 *** $432,506
version)....................
0960-0529 SSA-L5063 (SSI 14,513 20 * $21.29 ** 24 ***$288,373
claim system)...............
0960-0174 SSA-8006 (Paper 6,080 6 * $12.81 ** 24 *** $109,039
Form).......................
0960-0174 SSA-8006 (SSI 54,718 6 * $12.81 ** 24 ***$981,310
Claims System)..............
0960-0456 SSA-8011-F3 (Paper 10,500 15 $29.76 ** 21 *** $421,846
Form).......................
0960-0456 Personal Interview 199,380 15 $29.76 ** 21 *** $8,010,291
(SSI Claims System).........
----------------------------------------------------------------------------------
Totals................... 323,892 .............. .............. ............... *** $10,964,244
----------------------------------------------------------------------------------------------------------------
* We based this figure on the average DI payments based on SSA's current FY 2023 data (<a href="https://www.ssa.gov/legislation/2023factsheet.pdf">https://www.ssa.gov/legislation/2023factsheet.pdf</a>); on the average U.S. citizen's hourly salary, as reported by Bureau of Labor
Statistics data (<a href="https://www.bls.gov/oes/current/oes_nat.htm">https://www.bls.gov/oes/current/oes_nat.htm</a>).
[[Page 67157]]
** We based this figure on the average FY 2023 wait times for field offices and hearings office, as well as by
averaging both the average FY 2023 wait times for field offices and teleservice centers, based on SSA's
current management information data.
*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments
to complete this application; rather, these are theoretical opportunity costs for the additional time
respondents will spend to complete the application. There is no actual charge to respondents to complete the
application.
SSA submitted a single new Information Collection Request which
encompasses revisions to information collections currently under OMB
Numbers 0960-0174, 0960-0456, and 0960-0529) to OMB for the approval of
the changes due to the proposed rule. After approval at the final rule
stage, we will adjust the figures associated with the current OMB
numbers for these forms to reflect the new burden. We are soliciting
comments on the burden estimate; the need for the information; its
practical utility; ways to enhance its quality, utility, and clarity;
and ways to minimize the burden on respondents, including the use of
automated techniques or other forms of information technology. In
addition, we are specifically seeking comment on whether you have any
questions or suggestions for edits to the forms referenced above in the
context of this proposed regulatory change. If you would like to submit
comments, please send them to the following locations:
Office of Management and Budget, Attn: Desk Officer for SSA, Fax
Number: 202-395-6974, Email address: <a href="/cdn-cgi/l/email-protection#a1eee8f3e0fef2d4c3ccc8d2d2c8cecfe1ceccc38fc4ced18fc6ced7"><span class="__cf_email__" data-cfemail="b2fdfbe0f3ede1c7d0dfdbc1c1dbdddcf2dddfd09cd7ddc29cd5ddc4">[email protected]</span></a>
Social Security Administration, OLCA, Attn: Reports Clearance Director,
Mail Stop 3253 Altmeyer, 6401 Security Blvd., Baltimore MD 21235, Fax:
410-966-2830, Email address: <a href="/cdn-cgi/l/email-protection#541b067a0631243b2620277a1738313526353a3731142727357a333b22"><span class="__cf_email__" data-cfemail="a0eff28ef2c5d0cfd2d4d38ee3ccc5c1d2c1cec3c5e0d3d3c18ec7cfd6">[email protected]</span></a>
You can submit comments until November 28, 2023, which is 60 days
after the publication of this notice. However, your comments will be
most useful if you send them to SSA by October 30, 2023, which is 30
days after publication. To receive a copy of the OMB clearance package,
contact the SSA Reports Clearance Officer using any of the above
contact methods. We prefer to receive comments by email or fax.
(Catalog of Federal Domestic Assistance Program No. 96.006,
Supplemental Security Income)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI).
The Acting Commissioner of Social Security, Kilolo Kijakazi, Ph.D.,
M.S.W., having reviewed and approved this document, is delegating the
authority to electronically sign this document to Faye I. Lipsky, who
is the primary Federal Register Liaison for SSA, for purposes of
publication in the Federal Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional
Affairs, Social Security Administration.
For the reasons stated in the preamble, we propose to amend 20 CFR
chapter III, part 416, subpt. K, as set forth below:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart K--Income
0
1. The authority citation for subpart K of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, 1631, and 1633 of the Social Security Act (42 U.S.C.
902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and
1383b; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
0
2. Amend Sec. 416.1142 by revising paragraphs (a) introductory text
and (a)(6) and (7) and adding paragraph (a)(8) to read as follows:
Sec. 416.1142 If you live in a public assistance household.
(a) Definition. For purposes of our programs, a public assistance
household is one in which every member receives some kind of public
income-maintenance payments. These are payments made under--
* * * * *
(6) State or local government assistance programs based on need
(tax credits or refunds are not assistance based on need);
(7) U.S. Department of Veterans Affairs programs (those payments
based on need); and
(8) The Supplemental Nutrition Assistance Program (SNAP).
* * * * *
[FR Doc. 2023-21550 Filed 9-28-23; 8:45 am]
BILLING CODE 4191-02-P
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