Section 204 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law (P.L.) 104-193 provides that an SSI application is effective on the later of the first day of the month following the date the application is filed or the first day of the month following the date the individual becomes eligible for such benefits with respect to such application. It also modifies the definition of “eligible spouse” to comply with that rule.

Follow the instructions in SI 00501.154C.

Lisa Askins is receiving SSI benefits. John Askins files for SSI on 08/28/96; they will attain age 65 on 09/03/96. Couple computation rules do not apply for September because John was not eligible for benefits on September 1, the first day of the month following the date the application was filed. John and Lisa are an eligible couple beginning 10/01/96, the first day of the month following the date John meets all factors of eligibility. (For the months of August and September, Lisa is an eligible individual with an ineligible spouse and deeming would apply.)

Robert Bishop has been receiving SSI since 07/92. Their spouse Wilma, who had not been receiving SSI, files for SSI on 08/29/96 because Wilma attained age 65 on 08/27/96. Couple computation rules apply beginning 09/01/96, because the requirements in SI 00501.154A.1. are met on first day of the month following the date Wilma's application was filed.

In the same example, Robert and Wilma draw SSI as a couple from 09/96 - 12/96, but become resource ineligible effective 01/97. On 03/10/97 the couple files a request for reinstatement of benefits because their resources dropped below the limit on 2/28/97. They will be eligible as a couple with couple computation rules applying for March since they meet couple criteria on the date their request for reinstatement is filed and they meet the resources criteria as of the first moment of the month.

Donna Reynolds is over age 65 and files for SSI on 8/24/96. Donna informs the CR that Alex Reynolds is ill, but will come in on 8/29/96 to file for SSI. Alex applies on 8/30/96, and will attain age 65 on 9/2/96. Couple computation rules do not apply for September because Alex was not eligible on September 1. Donna, however, will be paid as of 9/1/96, (the first day of the month following the date Donna filed) as an individual with an ineligible spouse. They will be paid as a couple on 10/01/96.

Gloria Altman has been receiving SSI since 1/95. Their benefits were suspended from 1/96-8/96 because of excess income. Gloria's spouse John retired in 7/96 and filed for SSI on 8/25/96 (John became age 65 in May). On 8/30/96, Gloria requested reinstatement of their own benefits, since Gloria's income dropped beginning in August. John is eligible for benefits 09/01/96, the first day of the month following the date their own application is filed. Since Gloria no longer has excess income and requested reinstatement on 8/30/96, Gloria is eligible for August as an individual with an ineligible spouse, as John is not eligible for payment until September. Beginning September 1, they can be paid as an eligible couple.