TN 47 (07-99)
SI 00835.714 In-Kind Support and Maintenance Provided Residents of Educational or Vocational Training Institutions
To determine ISM for residents of educational or vocational training institutions, use the instructions in (SI 00835.706 and SI 00835.707). However, be alert for the following issues:
1. SSI Ineligibility While In a Public Institution
Many ED/VOC training institutions are public institutions. Individuals in public institutions generally are not eligible for SSI. However, an individual who is participating in an ED/VOC training program as described in (SI 00520.400) is not considered a resident of a public institution for purposes of determining eligibility. The SSA-8045 precedent file should identify an institution which is an ED/VOC facility. If a precedent is not available, see (SI 00520.400) for making ED/VOC determinations.
2. Temporary Absence from Permanent Living Arrangement
Eligible individuals, particularly eligible children, who are staying at ED/VOC training institutions may be temporarily absent from their permanent living arrangements. Since temporary absence can affect whether countable ISM is received while in the institution, it is necessary to determine whether a temporary absence is involved before making the ISM determination. See (SI 00835.042) for the policies that apply to a child who is temporarily absent from the permanent living arrangement due to school attendance.
Determining ISM In ED/VOC Institution
Determine first whether the individual's permanent living arrangement is the ED/VOC institution or whether this is a temporary absence (SI 00835.040 and SI 00835.042).
If the individual's permanent living arrangement is the ED/VOC institution, follow the procedures in (SI 00835.707) to determine whether the individual receives countable ISM and to compute the monthly value.
If the stay in the ED/VOC institution is a temporary absence, develop ISM only in the permanent residence, unless the individual is a child subject to deeming (SI 00835.042).
If the stay in the ED/VOC institution is a temporary absence, and the individual is a child subject to deeming, develop ISM in both the ED/VOC institution (SI 00835.707) and in the permanent residence (SI 00835.042).
NOTE: When a local/State education agency makes a third party payment for the food and shelter provided at the ED/VOC institution, determine that the recipient receives countable ISM if these funds are not otherwise excludable (SI 00835.706C.6.).
EXAMPLE 1: Child Subject To Deeming is Away at School
Lucy Jones, a 14-year-old eligible child, is a resident at the State School for the Hearing-Impaired. She will live at school during the school year (09/10/98 - 06/10/99). Lucy lives with her parents between semesters and during vacations. The CR determines that Lucy's permanent residence is her parents' home where she is subject to deeming. And, the CR identifies this as a situation where ISM development is needed for both the parents' home and the school. Per (SI 00835.042), when a child subject to deeming is away at school, ISM is potentially countable in both the permanent residence (her parents' home) and in the school.
After developing the living arrangements, the CR determines that Lucy receives no ISM in her parents' home. But, the CR learns from the parents that they do not pay for Lucy's food and shelter at the school. Further development reveals that the State Department of Education pays for Lucy's food and shelter which is valued at $400 per month. The CR determines that this third party payment results in countable ISM for Lucy. Lucy is charged with ISM capped at the PMV for each month that she is at school including September and June. See (SI 00835.400) (ISM to one) for detailed instructions for processing this type of case on MSSICS.
EXAMPLE 2: Child Not Subject To Deeming is Away at School
James Wilson, a 15-year-old eligible child, is a resident at the same school as in (SI 00835.714), Example 1. He lives at school during the school year and lives with his grandmother between semesters and during vacations. The CR determines that James' permanent residence is the grandmother's home where he is not subject to deeming. Following the temporary absence rules in (SI 00835.040 and SI 00835.042), the CR determines that any ISM James receives would be based on his permanent living arrangement, i.e., his grandmother's home. ISM he receives while at school (a temporary absence) is not counted per (SI 00835.040C.2.).