TN 6 (08-95)

SI 01330.001 Deeming of Resources - General

Authority: Act, Sec. 1614(f), as amended; Sec. 1621. Sec. 211 of Public Law 93-66, as amended.

A. Policy

When we determine an individual's eligibility for Supplemental Security Income (SSI), the Social Security Act requires that the individual's resources be deemed to include any resources of an ineligible spouse, ineligible parent(s) or parent's spouse, essential person, or any sponsor(s) or sponsor's spouse. The law also requires that we deem resources whether or not they are available to an applicant or eligible individual. The Secretary has discretionary authority under sections 1614(f)(1) and (2) of the Social Security Act to determine the circumstances under which it would be inequitable to deem resources from an ineligible spouse or an ineligible parent.

NOTE: Using this authority, the Secretary has determined that pension funds belonging to an ineligible spouse or parent are excluded from resources for deeming purposes in order for an ineligible spouse or parent to provide for his own future support. (See SI 01330.120 and SI 01330.220.)

1. Resource Exclusions

See SI 01110.210 for the list of resource exclusions. See SI 01330.120 and SI 01330.220 for excluding pension funds from the deeming process. See SI 01120.100 concerning Home Energy Assistance funds and Support and Maintenance Assistance funds that are retained beyond the month of receipt.

2. Resource Limits

See SI 01110.003A.2 for the statutory limits on countable resources.

3. Special Resource Limits

See SI 01110.003B.2 concerning the possible application of State resource rules if the individual was converted from a State assistance program.

4. Resource Determinations

See SI 01110.600 concerning resources determinations as of the first moment of the month.

5. Conditional Payments

See SI 01150.200 concerning the possible applicability of conditional payments when the value of countable resources exceeds the statutory limit.

6. Marital Status Determinations

See SI 00501.150B.3. concerning marital status determinations as of the first moment of the month.

B. Procedure

1. Information Gathering

In initial claims and certain categories of redeterminations, use the Statement of Income and Resources, Form SSA-8010-BK, or selected portions of it, to record information on the resources of an ineligible parent(s), spouse of a parent, essential person, sponsor(s) or sponsor's spouse. See SI 01310.600 for completion instructions. Specifically, see SI 01310.600B.3. if a parent files an SSI application at the same time he files for his child. If the parent is eligible and receiving SSI payments, no SSA-8010-BK is required.

To record information on the resources of an ineligible spouse, use the Application for Supplemental Security Income, Form SSA-8000-BK (SI 00604.051) or use Form SSA-8001-BK (SI 00605.000), for initial claims, and the Statement for Determining Continuing Eligibility for Supplemental Security Income Payments, Form SSA-8202 or use Form SSA-8203-BK (SI 02305.070 through SI 02305.071), for redetermination processing.

2. Glossary

For a glossary of terms common to both deeming of income and resources, see SI 01310.100.

3. Ineligible Children

For all types of deeming, there is no resource allocation for ineligible children in the house