Act as amended in 1972, Sec. 1611(h);
20 CFR 416.1170, 416.1171
SI 01210.100 Special Blind Income Provision - Alternative Income Counting Provision
Congress created the Supplemental Security Income (SSI) program with legislation enacted October 30, 1972. The new Federal program offered, in most respects, more generous provisions than did the State plans it replaced. For blind recipients, however, the treatment of income under the SSI program was not always more beneficial than the State plan provisions.
To ensure that blind recipients would not be disadvantaged under the SSI program, Congress included in the SSI legislation a “grandfathering” provision to protect them. Under the alternative income counting provision, blind SSI recipients converted from the State plans are guaranteed the use of either State plan income disregards or Federal SSI income exclusions, whichever are more advantageous to them.
1. Basic Provision
|IF an individual or couple:||THEN we apply whichever of the following results in the lower amount of countable income:|
Was eligible for and received assistance for December 1973 under a State plan under title X or XVI in effect in October 1972;and
Is blind as defined under the State plan as in effect in October 1972; and
The income disregards of the relevant October 1972 State plan (per SI 01210.500); or
The SSI exclusions explained in POMS Part 05, Chapter 008 (SI 00800).
NOTE: If any of the 5 requirements at left is not met, use SSI exclusions only.
Was transferred to the SSI rolls and received payment for January 1974; and
Has been continuously eligible (except for periods not in excess of 6 consecutive months) for an SSI benefit since December 31, 1973; and
Has continued to reside in the same State since December 31, 1973.
2. Relationship to Special Resource Provision
Eligibility for the alternative income counting provision is independent of eligibility for the special resource provision in SI 01220.000. A converted recipient may qualify under one provision, both, or neither.