SI 01320.175 Deeming - In-Home Supportive Services Payments
Authority: Regulations 20 CFR 416.1161(a)(16), (b), (c), (d)
A number of States have established programs funded under title XX of the Social Security Act or other State funding sources which provide benefits to pay for in-home supportive services necessary to enable an individual who needs these services to live in his or her home. The payments are made either to the individual to pay for the services or to the person performing the services. Also, the Veterans Administration pays an allowance for medically qualified veterans, widows, or widowers in need of the aid and attendance of another person. This aid and attendance payment is included in the pension or compensation payment to the veteran or widow(er).
In-home supportive services (chore, attendant, homemaker) payments are medical or social services and are not income when paid directly to an eligible individual to pay for the services (SI 00815.050). However, the payment is income to the individual providing the care or services.
NOTE: If an ineligible spouse or parent receives in-home supportive services payments for services provided to anyone other than his/ her eligible spouse or eligible child, the payments are included as income subject to deeming.
B. Policy Principle
Payments provided under title XX or other Federal, State, or local governmental programs to an eligible individual and paid by the individual to his/her ineligible spouse, parent, or ineligible child living in the same household in return for in-home supportive (chore, attendant, homemaker) services, are excluded from income for deeming purposes. These payments are also excluded from income for deeming purposes for other eligible individuals in the same household.
Such payments, made directly to the ineligible spouse, parent or child to provide the services to the eligible individual, are also excluded from income for deeming purposes. The payments may be in the form of wages if the provider/deemor is an employee of the agency.
Such payments to an eligible alien in return for in-home supportive services to an eligible individual are excluded from income for purposes of reducing the eligible alien allocation when the eligible individual's ineligible spouse or parent is the alien's sponsor.
Such payments to an essential person or a sponsor of an alien are income subject to deeming.
NOTE: Qualifying in-home supportive service payments disbursed by a non-governmental agency follow general medical or social services policy found at SI 00815.050D.1. Payments from a governmental medical or social services program that are disbursed by a non-governmental agency are not income for SSI purposes and are not included in the deeming computation.