TN 2 (05-95)
SI 00815.450 Replacement of Income Already Received
Regulation - 20 CFR 416.1103(h)
If an individual's income is lost, stolen, or destroyed and the individual receives a replacement, the replacement is not income.
Once a payment has been issued and treated as income in determining an individual's eligibility for SSI, the reissuance of that same payment is not income. For instance, if one member of a couple receives income and dies before the check is cashed, the reissued check is not income to the surviving spouse.
On the other hand, if the original payment is not used to determine the surviving spouse's eligibility (e.g., because the couple is separated), the reissued check is income to the surviving spouse. (See SI 00830.545 for the treatment of death benefits.)
Income rules regarding replacement of a resource, SI 00815.200.
Rules on erroneous payments which the individual returns, SI 00815.460.
Bob Akers, an SSI recipient, received a replacement title II check after his regular monthly title II check was damaged in the mail. The replacement check is not income to Mr. Akers. (Mr. Akers is charged with income for the month the regular title II check was paid.)