TN 32 (02-92)
SI 01120.112 Retroactive In-Home Supportive Services Payments to Ineligible Spouses and Parents
20 CFR 416.1161(a)(16)
20 CFR 416.1201(a)(3)
In limited circumstances, governmental programs will pay a spouse or parent to provide a disabled spouse or child with certain in-home supportive (chore, attendant, and homemaker) services (IHSS). IHSS payments are income when received by the ineligible spouse or parent but are not included as income for deeming purposes. SI 01320.175 contains instructions on the income deeming treatment.
So that the intended benefit of having services provided by a caregiver in the home can be realized, and to avoid SSI ineligibility due to excess deemed resources, the SSI regulations provide for a reasonable period of time during which retroactive IHSS payments are not considered resources and, therefore, are not subject to resources deeming.
1. When an IHSS payment is not a resource
Effective July 1, 1988, a retroactive IHSS payment paid to an ineligible spouse or parent to provide chore, attendant, or homemaker services to an eligible individual is not a resource for one calendar month following the month of receipt. If retained into the second calendar month following receipt, the payment is a resource subject to deeming.
This provision applies only to retroactive IHSS payments.
2. “Retroactive” IHSS payment
For purposes of this provision, a “retroactive” IHSS payment is one that is paid after the month in which it was due. If payment is made in the month due, but following the month in which services were rendered, such payment is not considered “retroactive” for purposes of this provision.
3. Interest included in IHSS payment
If the retroactive IHSS payment includes an interest amount, the entire payment, and any interest included in the retroactive payment, is subject to the rule in 1. above.
1. Development not required
Do not develop under this provision unless retained retroactive IHSS payments plus any other resources of the individual and/or ineligible spouse or parent cause the eligible individual's resources to exceed the applicable resource limit.
2. Development required
If you develop under this provision, determine and document whether the retroactive IHSS payment is excluded from income for deeming purposes in accordance with SI 01320.175.
If the retroactive IHSS payment is excluded from income for deeming purposes, determine that the payment is not a resource for one calendar month following the month of receipt and, therefore, not subject to resources deeming in the month following the month of receipt.