Effective Dates: 09/30/2024 - Present Previous | Next

TN 31 (09-24)

SI 01310.205 Identifying Potential Deeming Waiver Cases

A. Procedure— initial claims

When someone inquires about Supplemental Security Income (SSI) eligibility on behalf of a minor child, all the usual rules apply. Be alert to situations where a disabled child is institutionalized and the inquirer states that the child will be discharged to their parent's home. In these cases, it is especially important to establish SSI eligibility for the period of institutionalization, since this may later enable application of the deeming waiver rules.

If the child claimant has never received an SSI personal needs allowance in the past, and does not currently qualify for a personal needs allowance, and is ineligible for SSI benefits due to deemed parental income or resources, send a manual notice per instructions at SI 01310.210B.4.

If necessary, document an inquiry about SSI eligibility to serve as a protective filing. See SI 00601.030 for instructions on documenting a title XVI oral inquiry.

B. Procedure— posteligibility

1. Change of Address

Apply these rules when a change of address is reported:

  1. a. 

    Disabled Child Entering an Institution  —the usual rules apply. If deeming applied before the child entered the institution, see SI 01320.550B.6. for the rule on ending deeming.

  2. b. 

    Disabled Child Leaving an Institution— If the child is returning to their parent's home, see SI 01320.550 B.5. for the rule on beginning deeming. See SI 00835.500 for the rules on determining living arrangements and in-kind support and maintenance in the month the child leaves the institution.

Ask whether the child is eligible for Medicaid under a State home care plan if:

  • •

    deeming of parental income would decrease the child's SSI payment to less than the personal needs allowance ($30 plus optional State supplement, if applicable); and

  • •

    the child received the SSI personal needs allowance ($30 plus optional State supplement in certain States) while institutionalized.

If the child has not received an SSI personal needs allowance benefit and would be ineligible for SSI benefits due to parental deemed income or resources, send a manual notice per instructions at SI 01310.210 B.4.

2. Redetermination

Check the SSI record to see if the child ever received the personal needs allowance while in a medical institution if you have determined that the child would:

  • •

    be ineligible for SSI benefits because of parental deeming in any month beginning with June 1990; or

  • •

    receive less than the personal needs allowance (plus optional State supplement, if applicable) because of parental deeming in any month beginning with June 1990.

If the child has received an SSI personal needs allowance, ask whether the child is currently eligible for Medicaid under a State home care plan. If the payee says yes or does not know, see SI 01310.207.

If the child has not received an SSI personal needs allowance benefit and would be ineligible for SSI benefits due to parental deemed income or resources, send a manual notice per instructions at SI 01310.210 B.4.

NOTE: If the person inquiring or reporting on behalf of a disabled child asks for more information about a Medicaid State home care plan, refer the inquiry to the appropriate State Medicaid agency.

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501310205
SI 01310.205 - Identifying Potential Deeming Waiver Cases - 09/30/2024
Batch run: 10/18/2024
Rev:09/30/2024