When an ineligible spouse becomes eligible, determine the couple’s eligibility using
a couple’s eligibility computation in the newly eligible spouse’s E02 month. The couple’s
eligibility computation determines whether we can consider them an eligible couple.
For information about the E02 month, see SI 00601.009C.
The newly eligible spouse’s E02 month is the month of application, or the first month
of eligibility, whichever is later, based on that application. The currently eligible
spouse remains an eligible individual during the newly eligible spouse’s E02 month.
Compute benefits for the currently eligible spouse as an eligible individual in the
newly eligible spouse’s E02 month. Follow regular RMA rules to determine the budget
month for this month.
The newly eligible spouse needs no payment computation for the E02 month because no
payment is due. Deeming from the newly eligible spouse to the already eligible spouse
applies in the E02 month.
The first month of the new TCC for the eligible couple is the first month in which
both are in payment status (PS) C01 (current pay). The E02 month is never part of
the TCC. The first month of the TCC is also the budget month for the eligible couple.
For TCC policy, see SI 02005.005.
Example 1: Ineligible spouse becomes eligible in month of filing
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Ralph Kramden is an eligible spouse receiving Title XVI benefits of $674.00 monthly
since July 2009.
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Ralph's ineligible spouse, Alice, becomes eligible for Title XVI benefits with a filing
date of September 15, 2010.
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Alice’s E02 month is September 2010.
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A couple’s eligibility computation for September 2010 determines they are eligible
as a couple.
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In September 2010, we compute Ralph’s payment as an eligible individual with an ineligible
spouse using July as the budget month. Deeming of Alice’s income applies to Ralph.
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Alice needs no payment computation for September 2010 because no payment is due in
their E02 month.
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The first month of the new TCC for the eligible couple is October 2010, the first
month we pay them based on the eligible couple’s rate of $1011.00. The first month
of the TCC, October, is the budget month for the couple.
Example 2: Ineligible spouse becomes eligible in a month after the month of filing
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Marcy D’Arcy is 67 years old. They have received Title XVI benefits since their 65th birthday.
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Their spouse Jefferson receives Title II benefits and files a Title XVI application
on October 2. Jefferson will be 65 years old on November 7 and is not disabled or
blind.
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They become a Title XVI eligible couple in December. Although Jefferson has a protective
filing date of October 2, they is not eligible until November 7. Therefore,Jefferson's
Title XVI eligibility (E02) month is November.
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Marcy receives Title XVI as an individual for October and November and both receive
Title XVI as an eligible couple beginning December. Deeming from Jefferson to Marcy
applies in October and November based on Jefferson’s income in the applicable budget
month
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December is the first month of the TCC and is the budget month for the couple.
Example 3: Ineligible individual becomes eligible and windfall offset
involved
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Jack has been receiving benefits as an eligible individual with their ineligible spouse,
Jill. The field office processed an offset computation on Jack’s record and their
retro Title II is offset is for January 1, 2011 through March 2011. Jack's Title II
is $1300.00 for January 2011 through March 2011.
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In June 2011, Jill becomes eligible for Title XVI beginning November 2010, and is
eligible in months where their spouse Jack has already been paid Title XVI benefits,
but had their retro Title II benefits offset in those months. Jill does not receive
Title II.
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Jill’s eligibility is a post enTitlement event in Jack’s windfall period (January
2011 - May 2011); therefore, Jill will not receive any Title XVI payments for the
months that are in the windfall period because Jack’s Title II monthly benefits exceed
the couple’s FBR.
If Jack’s Title II benefit does not exceed the couple’s FBR for any month during the
windfall-offset period, perform a special couple’s computation. For instructions about
the special couple’s computation, see SI 02005.030F in this section. For instructions about windfall offset, see GN 02610.005.