TN 74 (11-12)

SI 00835.481 Policy Effective Dates for Loans of Food and Shelter

Citations:

Regulations, 20 CFR 416.1103(f);

Social Security Rulings, SSR 92-8p

A. Policy to determine the effective date of a loan

SSA formerly held that a household's advance of food and shelter to a household member was not a loan.

1. Effective date of a loan

SSA revised its policy so that food and shelter that an recipient receives from the household in which he or she lives and for which he or she has an obligation to pay at a future date, may be a loan. The revised policy applies to determinations and decisions made on or after December 17, 1990 (except where a court decision establishes the effective dates as in SI 00835.331A.3. in this section and SI 00835.331A.4. in this section).

2. Applying new policy under administrative finality rules

a. Initial determinations (based on a supplemental security income (SSI) application) made on or after December 17, 1990

We will reopen an initial determination, reconsidered determination, Administrative Law Judge (ALJ) decision, or Appeals Council (AC) decision pertaining to the application, whichever is most recent, based on a request made within one year of the notice of the initial determination.

The new policy then applies beginning with the month of the effective date of filing, even if it precedes December 1990.

b. Redeterminations (or initial determinations based on a post eligibility (PE) event completed on or after December 17, 1990

We will reopen the initial or reconsidered determination, ALJ decision, or AC decision pertaining to a redetermination or post eligibility (PE) event based on a request made within one year of the notice generated by an initial determination pertaining to a redetermination or PE event. (SI 04010.010 discusses what an initial determination is and SI 04070.060 discusses when a redetermination is an initial determination.)

The new policy applies beginning with the month of the notice of the initial determination.

c. Deemed determinations

We will reopen a deemed determination (as defined in SI 04070.015 through SI 04070.030) based on a request made within one year of the first day of the month to which it applies.

The new policy then applies beginning with that month.

3. Applying readjudication rules in Louisiana, Mississippi, and Texas

a. Initial claims, initial determinations, reconsidered determinations, ALJ and AC decisions pertaining to them

If we made the most recent of these determinations during the period of November 10, 1986 through November 14, 1988 (the date of the court decision in Hickman v. Bowen through the publishing date for the Hickman Acquiescence Ruling (AR)), there is no time limit on when the recipient may request application of the new policy. The rules in GN 03501.015 on readjudication apply to such requests.

In readjudicating one of these determinations, the new policy applies to all months covered by the initial determination, including months prior to the court's decision.

b. Redeterminations, initial determinations, reconsidered determinations, ALJ and AC decisions pertaining to them

If we made the most recent of these determinations during the period November 1, 1986, through November 14, 1988 (the first day of the month of the court decision in Hickman v. Bowen through the publishing date for the Hickman AR), there is no time limit on when an recipient can request application of the new policy to it.

The new policy then applies beginning with the month of the notice of initial determination. See SI 04070.060 SSI Posteligibility Actions.

c. Deemed determinations

Deemed determinations are not subject to readjudication. However, we may reopen a deemed determination (as defined in SI 04070.015 through SI 04070.030) based on a request made within one year of the first day of the month to which it applies.

4. Applying readjudication rules in Arizona, Alaska, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and Northern Mariana Islands

a. Initial claims, initial determinations, reconsidered determinations, ALJ and AC decisions pertaining to them

Same as SI 00835.481A.3.a. in this section, except that the determination for readjudication must meet the dates from May 15, 1991 (the date of the court decision in Cequerra v. Secretary of Health and Human Services) through September 8, 1992, (the publishing date for SSR 92-8p).

b. Redeterminations, initial determinations, reconsidered determinations, ALJ and AC decisions pertaining to them

Like SI 00835.481A.3.b. in this section, except that the determination for readjudication must meet the dates May 1, 1991 through September 8, 1992 (the first day of the month in which the Cequerra court decision was rendered through the date SSR 92-8p was published), and the new policy then applies beginning with the month of the notice of the initial determination, see SI 04070.060.

c. Deemed determinations

See SI 00835.481A.3.c. in this section.

B. References


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500835481
SI 00835.481 - Policy Effective Dates for Loans of Food and Shelter - 11/16/2012
Batch run: 11/16/2012
Rev:11/16/2012