TN 9 (07-00)
SI 00870.050 PASS Amendments
A. Introduction to pass amendments
The need to amend an existing PASS can arise from information reported by the individual or other source at any time.
B. Policy --- PASS amendments
1. Changes Requiring Amendment
The types of changes that require plan amendment include the following:
changes in the amounts of income/resources to be set aside, i.e., the amount excluded;
a change in planned expenditures;
a change in the scheduled attainment date for the occupational objective or the milestones leading to that work goal;
a modification of the work goal regarding the level of independent performance from that originally anticipated (e.g. in a supported employment situation) (See SI 00870.006A.7.); or
a modification of the goal from "VR Evaluation" to a specific job goal.
a modification of the work goal when no significant increase in expenses or time will be required as a result of the new goal.
NOTE: Any other substantive change in the occupational objective (i.e. a different job than stated in the original plan) requires a new plan.
2. SSA Approval
SSA's PASS experts must approve any amendments to an existing plan.
3. Reconciliation and Adjustments to Excluded Amounts
An accounting is done in order to reconcile the amount of funds excluded under the PASS with the planned expenditures per SI 00870.070A.4.
When the PASS has sufficient time remaining in which to reconcile the funds excluded with the planned expenditures, any adjustments to the amount of the set aside income and resources will be made prospectively.
When the PASS has insufficient time remaining in which to reconcile the funds excluded with the planned expenditures, adjustments may be retroactive, subject to administrative finality, to the initial month of the PASS if needed. However, retroactive adjustments will only be made when the plan is being suspended or terminated. Follow the directions for reconciling a PASS in SI 00870.070.
Income may no longer be set aside under the plan if:
all of the expenses are paid; or
set-aside resources exceed the remaining planned expenditures and adding this excess to any other countable resources would cause the applicable resource limit to be exceeded.
SSA sends a notice to the individual advising whether the amendment is approved, disapproved or modified. A copy of the notice is sent to any assisting agency provided the individual has consented to the release of information about his/her PASS.
PASS experts follow the procedures below:
Review plan amendments in the context of the entire plan according to the instructions in SI 00870.006 and SI 00870.025C.
Request any necessary modifications to the amendments (see SI 00870.030).
Reconcile the record per SI 00870.050B.3.
Transmit any systems changes to adjust the amount of income excluded due to the amendment and reconciliation.
Use form SSA-L8166-C1 in NL 00802.035 and issue a PASS Revision Notice available on the FONS to notify the individual and assisting agency if so authorized that the amendment request is approved. If not available, follow the instructions for preparing a manual SSA-8166-C1 in NL 00801.010 ff. and NL 00802.001 ff. Use the appropriate notice paragraphs in NL 00804.100 ff. Be sure to describe the changes approved on the notice and to remind the individual of his/her continued responsibility to:
report any changes in circumstances that require changes in the PASS;
keep resources and income set aside under the plan separate and identifiable;
keep complete records of expenditures (enclose another PASS Expenditure/Savings Record and an SSI Recordkeeper Folder if warranted); and
follow the plan.
Follow the instructions in SI 00870.040B. if you deny the amendment request.
Follow the instructions in SI 00870.040B.4. regarding file documentation and notice distribution.