TN 3 (02-02)

GN 02607.025 Title II Prisoner Suspension Provisions

A. POLICY - PRISONER SUSPENSION RULES—CONFINEMENT 10/01/1980 THROUGH 04/30/1983

BENEFICIARIES
AFFECTED

RULES FOR
SUSPENSION

OTHER RULES
ON PAYMENT
OF BENEFITS

Disabled number holder and disabled children: HA and HC or C

Suspend title II benefits if the beneficiary was both:

  • convicted of a felony and

  • confined to a correctional institution

  • A disabled beneficiary can be paid if he/she were actively and satisfactorily participating in a vocational rehabilitation program approved for the individual by a court of law. The program must have resulted in the individual being able to engage in substantial gainful activity upon release and within a reasonable time.

  • Payment continues to all auxiliaries on the account when the HA is suspended.

  • If the prisoner is an auxiliary or survivor beneficiary, benefits are adjusted to the other auxiliaries on the same SSN (under the deduction before reduction provisions). See the deduction before reduction procedure in GN 02603.040.

B. POLICY - PRISONER SUSPENSION RULES—CONFINEMENT 05/01/1983 THROUGH 01/31/1995

BENEFICIARIES
AFFECTED

RULES FOR
SUSPENSION

OTHER RULES
ON PAYMENT
OF BENEFITS

All title II beneficiaries:

HA, HB, HB2, HC, W, A, B, B2, E, D, C, F, J, and K.

Suspend title II benefits if the beneficiary was both:

  • convicted of a felony and

  • confined to a correctional institution

  • A disabled beneficiary can be paid if he/she were actively and satisfactorily participating in a rehabilitation program approved for the individual by a court of law. The program must have resulted in the individual being able to engage in substantial gainful activity upon release and within a reasonable time.

  • Payment continues to all auxiliaries on the account when the wage earner is suspended.

  • If the prisoner is an auxiliary or survivor beneficiary, benefits are adjusted to the other auxiliaries on the same SSN (under the deduction before reduction provisions). See the deduction before reduction procedure in GN 02603.040.

C. POLICY - PRISONER SUSPENSION RULES—CONFINEMENT 02/01/1995 THROUGH 03/31/2000

BENEFICIARIES
AFFECTED

RULES FOR
SUSPENSION

OTHER RULES
ON PAYMENT
OF BENEFITS

All title II beneficiaries:

HA, HB, HB2, HC, W, A, B, B2, E, D, C, F, J, and K.

Suspend title II benefits if the beneficiary was both:

  • Convicted of a crime punishable by imprisonment for more than one year (regardless of the actual sentence imposed by the court) and

  • confined to a correctional institution

  • If the beneficiary is residing outside of the correctional institution (throughout any month) at no expense (other than the cost of monitoring) to the correctional institution/authority, reinstate benefits to the beneficiary; e.g., home confinement, home tethering, etc.

  • Payment continues to all auxiliaries on the account when the wage earner is suspended.

  • If the prisoner is an auxiliary or survivor beneficiary, benefits are adjusted to the other auxiliaries on the same SSN (under the deduction before reduction provisions). See GN 02603.040 for the deduction before reduction procedure.

D. POLICY - PRISONER SUSPENSION RULES—CONFINEMENT 04/01/2000 AND CONTINUING

BENEFICIARIES
AFFECTED

RULES FOR
SUSPENSION

OTHER RULES
ON PAYMENT
OF BENEFITS

All title II beneficiaries:

HA, HB, HB2, HC, W, A, B, B2, E, D, C, F, J, and K.

Suspend title II benefits if the beneficiary was:

  • convicted of a criminal offense and

  • confined to a penal institution for more than 30 continuous days.

  • If the beneficiary is residing outside of the correctional institution (throughout any month) at no expense (other than the cost of monitoring) to the correctional institution or authority, reinstate benefits to the beneficiary; e.g., home confinement, home tethering, etc.

  • Payment continues to all auxiliaries on the account when the wage earner is suspended.

  • If the prisoner is an auxiliary or survivor beneficiary, benefits are adjusted to the other auxiliaries on the same SSN (under the deduction before reduction provisions). See GN 02603.040 for the deduction before reduction procedure.

  • Correctional institutions and mental institutions will receive incentive payments for information that result in a title II suspension.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202607025
GN 02607.025 - Title II Prisoner Suspension Provisions - 01/29/2009
Batch run: 01/29/2009
Rev:01/29/2009