TN 5 (04-97)

SI 01310.209 Change of Status in Deeming Waiver Cases

A. POLICY

The waiver of deeming of parental income and resources as provided in P.L. 101-239 continues as long as all of the conditions for waiver (SI 01310.201) remain in effect. In addition, the SSI recipient must meet all other SSI eligibility criteria (e.g., the child's own countable income cannot exceed the $30 personal needs allowance (plus any applicable optional State supplement)).

When a change occurs, use the following chart to determine its effect on eligibility and payment.

IF THE CHILD...TO DETERMINE
ELIGIBILITY...
TO DETERMINE
PAYMENT...
attains age 18apply the usual rules (parental deeming ends, individual FBR applies, etc.) effective with the month after attainment of age 18use only the child's own income from the budget month
is no longer disabledterminate eligibility effective with the third month in which disability ceasesapply usual RMA rules
is no longer eligible for Medicaid under a State home care plan endsbegin deeming in the month after the month eligibility under the planapply usual RMA rules (use deemed income in the budget month, even if deeming was waived in that month); the individual FBR applies
received SSI under the waiver rules in the prior month but would receive an SSI benefit based on deemed parental income and resourcesuse the full FBR, the child's own income and resources and parental deeming rulesapply usual RMA rules (use deemed income in the budget month); compare to payment due if deeming waived in the budget month (see SI 01310.208 B.3.) and the personal needs allowance applied; pay the higher benefit
becomes ineligible based on deemed parental income or resources (and still qualifies under the parental deeming waiver provision)waive deeming rules effective that monthuse the RMA transitional computation cycle (see SI 02005.050); use only the child's own income in the budget month (see SI 01310.208 B.3.); the personal needs allowance applies
received SSI under the usual deeming rules in the prior month but would receive less SSI under the usual deeming rules than if the parental deeming waiver provision applieduse the full FBR, the child's own income and resources, and the parental deeming rulesapply usual RMA rules (use deemed income in the budget month); pay the amount due if deeming waived in the budget month (see SI 01310.208 B.3.) and the personal needs allowance applied

B. REFERENCES


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501310209
SI 01310.209 - Change of Status in Deeming Waiver Cases - 11/10/2009
Batch run: 11/10/2009
Rev:11/10/2009