TN 118 (05-24)

SI 00835.200 The One-Third Reduction Provision

A. When the value of the one-third reduction (VTR) applies

  1. 1. 

    When a claimant or couple lives throughout a month in another person's household and receives both food and shelter from others living in the household, we reduce the applicable federal benefit rate (FBR) by one-third. This reduction in the FBR has an income value, known as the VTR or the value of the one-third reduction.

  2. 2. 

    When the value of the one-third reduction (VTR) applies, it applies in full or not at all.

  3. 3. 

    When the VTR applies, no additional in-kind support and maintenance (ISM) is countable.

    EXAMPLE: An eligible individual and their friend live in a house the friend owns. The friend buys all of the food for the household and pays all the shelter expenses except for electricity. The friend's parent pays the electric bill each month. Based on the eligible individual receiving both food and shelter from the household and not paying their pro rata share, the eligible individual is subject to the VTR. Because the VTR applies, no additional ISM will count. Therefore, the electric bill paid by someone outside the household will not count as ISM.

  4. 4. 

    The VTR (couple rate) can continue to apply to both members of an eligible couple in the month that they separate. For example, when an eligible couple subject to the VTR separates, the VTR continues to apply to the member who leaves the household, moves into the household of another, and does not contribute toward the household operating expenses.

  5. 5. 

    For ISM purposes, we treat the members of an eligible couple as individuals in the month following the separation month. For example, a married couple separates on May 5, 2011. For ISM purpose, we treat them as two eligible individuals beginning in June 2011.

  6. 6. 

    When the value of the one-third reduction (VTR) applies, no income exclusions apply to the VTR.

  7. 7. 

    The VTR may apply even if the individual receives part of their food and shelter from inside the household and part from outside. It is not necessary that an individual receive food and shelter from inside the household on each day of the month to apply the VTR.

B. When the VTR does not apply

The VTR does not apply in the following situations.

1. Individual lives in own household

When an individual lives in their own household, ISM cannot be valued at the VTR, but must be determined under the presumed maximum value (PMV) rule. We consider the following individuals to be living in their own household:

  • An individual who is in noninstitutional care;

  • An individual who has ownership interest in the home in which they live;

  • An individual who has rental liability for the shelter in which they live;

  • An individual who lives in a public assistance household; and

  • An individual who pays a pro rata share of the household operating expenses.

NOTE: For purposes of determining ISM, we may consider more than one eligible individual in a household to be living in their own household even though all the individuals are members of the same larger economic unit known as a household.

References:

 

2. Individual lives in another's household but does not receive both food and shelter

The following individuals are not subject to the VTR because they are not receiving both food and shelter from inside the household:

  • An individual who is separately consuming food;

  • An individual who is separately purchasing food;

  • An individual who is contributing an earmarked share for food or shelter; and

  • An individual whose household operating expenses do not include food (e.g., all food is purchased with food stamps) or do not include at least one item of shelter (e.g., all shelter expenses are paid by someone outside the household).

References:

3. Individual does not live in a household

Individuals not living in a household are not subject to the VTR. We determine ISM using the PMV rule. These include:

  • transients; and

  • residents of institutions.

References:

  • SI 00835.060, Transients, Homeless Individuals, and LA/ISM Determinations

  • SI 00520.001, Residence in an Institution

4. Individual does not meet the throughout a month requirement

An individual is not subject to the VTR unless they live throughout the entire calendar month in the household of another.

NOTE: If temporarily absent from the household, an individual who is not physically present in the household throughout the month may still meet the throughout a month requirement per SI 00835.040. In addition, an individual may reside in more than one household where the VTR applies and meet the throughout a month requirement. For more information on evaluating ISM for month of residence change, see SI 00835.500E.2.

5. Individual lives alone

An individual who lives alone cannot be in the household of another (subject to the VTR) because food and shelter are not provided from within the household. When the individual lives alone, determine ISM using the PMV rule.

C. Procedures for developing the VTR

Developing the VTR is the process of ruling out every living arrangement basis above VTR in the sequence of living arrangement development and documenting the file accordingly. For more information on the sequence used in developing an individual’s living arrangement basis, see SI 00835.001.

1. Document the living arrangement basis in the SSI Claims System

  1. a. 

    Document on the appropriate SSI Claims Systems page that the individual resided throughout a month with at least one person other than a spouse, child, or someone whose income is deemable to the individual; and

  2. b. 

    Document on the appropriate SSI Claims Systems page that ownership interest, rental liability, public assistance household, and separate consumption or purchase of food do not apply.

See Details:

  • MS INTRANETSSI 010.007, Residence Address and Jurisdiction

  • MS INTRANETSSI 010.011, Household Composition

  • MS INTRANETSSI 010.012, Home Ownership and Rental Liability

  • MS INTRANETSSI 010.013, Household Expenses and Contributions

  • MS INTRANETSSI 010.014, Household of Another

2. Document the individual's allegations in the SSI Claims System

  1. a. 

    Document the individual’s allegation on the Household of Another page within the SSI Claims System that the individual:

    • makes no contribution toward household expenses; or

    • makes only a token contribution (i.e., the individual alleges that their contribution could not possibly meet the pro rata share of total or earmarked household operating expenses); or

    • alleges a pro rata share that is at least $20 more than either their contribution to food and shelter expenses or their earmarked contribution to food or shelter expenses.

  2. b. 

    Determine that the VTR applies.

3. Document the individual’s allegations in non-MSSICS cases

For non-MSSICS cases, document an individual’s allegation on an SSA-8006-F4 (Statement of Living Arrangement, In-Kind Support and Maintenance). A claimant or representative payee signature is not required when completing an SSA-8006-F4 over the telephone. Document the following within the body of the form or within the remarks section:

  • information about the individual’s living arrangement;

  • the CR’s determination;

  • field office code;

  • the name of the claims representative completing the form; and

  • this statement, “The claimant completed the SSA-8006-F4 via a telephone interview.”

NOTE: Fax the SSA-8006-F4 into the appropriate electronic folder. After documenting the issue electronically, do not retain the paper form.

4. Verify household operating expenses and contributions

  1. a. 

    If the situations in SI 00835.200C.2. (in this section), do not apply, verify the allegation with a knowledgeable adult member of the household other than the individual's spouse. Use an SSI Claims System Report of Contact page or an SSA-8011 (Statement of Household Expenses and Contributions), which verifies:

    • the average household expenses; and

    • the individual's average contribution or earmarked contribution to expenses.

  2. b. 

    If the individual does not meet the sharing guidelines per SI 00835.160 or earmarked sharing guidelines per SI 00835.170, determine that the VTR applies.

  3. c. 

    When verifying an allegation with a knowledgeable adult member of the household, refer to documentation instructions for the SSA-8011 and Report of Contact page in SI 00835.625.

D. Examples of VTR determinations

1. Example of an individual who gets some food from outside household

Marjorie Jones is filing for SSI. Marjorie lives with their adult child and grandchildren in a home the adult child owns. Following sequential development, the CR determines that Marjorie:

  • does not have rental liability;

  • does not live in a public assistance household;

  • does not separately consume or purchase all of their food; and

  • does not contribute toward the household operating expenses.

Marjorie eats breakfast and dinner in the household, and usually eats lunch at the senior center. Although Marjorie does not get all of their food in the household, the CS determines that Margorie is subject to the VTR because Marjorie gets both food and shelter from within the household.

2. Example of an individual who lives in rent-free shelter

Donna James is filing for SSI. They live in an apartment with two roommates. The CS determines that no one in the household has rental liability and that the household is getting rent-free shelter. The roommates pay for the food and utilities for the household. Donnadoes not have income and does not contribute toward the household expenses. The CS determines that Donna is subject to the VTR because they receives food and some shelter items from within the household. Based on Donna being subject to the VTR, additional ISM is not chargeable. Therefore, development of the rent-free shelter is not required.

3. Example of an individual who owns their home but gets food and shelter items from household members

Bob Smith is filing for SSI. Bob's adult child Jeremy lives with Bob. Bob Smith owns the home and currently has no income and does not contribute to the household operating expenses. Jeremy buys all of the food and pays for all of the shelter costs. The CS determines that Bob is not subject to the VTR. Although Bob does not contribute toward food and shelter, Bob cannot be subject to the VTR because Bob has a living arrangement basis that is higher in the sequence of development, e.g., home ownership. However, the CR uses the PMV rule to develop inside ISM, per SI 00835.340.


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SI 00835.200 - The One-Third Reduction Provision - 05/03/2024
Batch run: 05/03/2024
Rev:05/03/2024