Retention Date: 3/26/2025
A. Purpose
This emergency message (EM) is to inform Regional and Field Office staff that we are omitting food from our calculations of in-kind support and maintenance (ISM) as of 09/30/2024. This means that food is no longer part of the pro rata share calculation on the household contribution screen located within the SSI Claims System path. We will determine ISM and a claimant’s pro rata share by only calculating a claimant’s shelter expenses and contributions. The definition of in-kind income now notes the exception that we are eliminating food from our calculations of ISM.
B. Calculation of In-Kind Support and Maintenance beginning 09/30/2024
Under our new rule, we will no longer include food in our calculations of ISM.
The following changes apply to the SSI program as of 09/30/2024:
1. Calculations of in-kind support and maintenance only include shelter.
2. Food is removed from both the inside and outside ISM calculations. This includes removing food from the household operating expenses on the Household Expenses and Contribution page within the SSI Claims System.
3. We are removing “food” from the ISM calculation, and we will remove the following food questions from the SSI Claims Systems path for living arrangements effective 09/30/2024:
4. For periods after implementation of the regulatory change, food will no longer be part of the ISM calculation. This will eliminate the need for questions regarding Earmark Sharing and Token Contribution within the SSI Claims System path. The food questions will still appear in the path for living arrangements input prior to this change. Workaround: The Token Contribution question has not yet been removed from the SSI Claims System path: “CLAIMANT MAKES TOKEN CONTRIBUTION Y/N”. Do not ask the applicant or recipient this question. If it appears in the claims path, answer ‘NO’ to bypass.
5. Outside ISM development will be needed. However, as of 09/30/2024 food will no longer be included in outside ISM calculations.
6. Updates to applicable POMS, publications, notices, and forms will follow the release of this EM.
C. Processing Instructions
How to Update Cases with H Type Income to Omit Food from ISM Calculation |
| Step | Action |
| 1 | During all initial claims, RZs, and post-eligibility events, if there is H type income on the SSR and the claimant has not had a change to their residence address, create a new living arrangement effective 09/30/2024 and go to step 2.
If there are undocumented living arrangements prior to 09/30/2024, develop and document under prior rules considering separate consumption. If there is no ongoing H type income, no further development is needed.
If there is ongoing H type income, create a new living arrangement effective 09/30/2024 go to step 2. |
| 2 | Once you reach the Household of Another screen within the living arrangement effective 09/30/2024, the following question will be presented: “Do others within the household pay for or provide you with all your meals?”
If they answer yes, go to step 3.
If they answer no, go to step 4.
NOTE: If they receive SNAP benefits (formerly known as food stamps), the answer will be no because they are not receiving ALL meals from within the household. |
| 3 | The individual is now in the VTR path for ISM development. Evaluate their shelter contribution to determine if ISM applies.
If the claimant is not contributing their pro rata share to shelter items, they are placed in a FLA/B living arrangement and charged ISM under the VTR rules.
If the claimant contributes their pro rata share to shelter items, go to step 4. |
| 4 | The claimant is placed in a FLA/A living arrangement with the possibility of ISM calculated under PMV rules. Develop the shelter items to determine if the claimant is contributing their pro rata share. If yes, no inside ISM will be applied.
NOTE: Development of outside ISM is needed. |
NOTE: For non-MSSICS cases with H type income, document the household expenses and contributions using the following forms prior to 09/30/2024, SSA-8011-F3, Statement of Household Expenses and Contributions; or on or after 09/30/2024 use the SSA-8012, Statement of Household Expenses and Contributions. Forms will be available shortly after release.
E. Definition of in-kind income beginning 09/30/2024
In-kind income is not cash but is something else that the individual can use to meet the individual’s needs for food or shelter.
EXCEPTION: Food is not included in the calculations of ISM, which is a type of unearned income that we have special rules for valuing.
Direct all program-related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their Central Office contacts.
F. Impacted POMS sections
This EM impacts the following POMS sections. These sections will be updated based on the regulatory change of omitting food from ISM calculations:
SI 01120.200 Information on Trusts, Including Trusts Established Prior to January 01,
2000, Trusts Established with the Assets of Third Parties, and Trusts Not
Subject to Section 1613(e) of the Social Security Act
SI 01120.201 Trusts Established with the Assets of an Individual on or after 01/01/00
SI 00810.005 What is Income
SI 00810.020 Forms and Amounts of Income
SI 00810.410 Infrequent or Irregular Income Exclusion
SI 00810.700 Income of Members of Religious Orders – General
SI 00815.050 Medical and Social Services, Related Cash, and In-Kind Items
SI 00815.350 Proceeds of a Loan
SI 00815.400 Bills Paid by a Third Party
SI 00815.550 Receipt of Certain Noncash Items
SI 00820.010 In-Kind Items Provided as Remuneration for Employment
SI 00820.545 Work Expenses – Interaction with Other Policies
SI 00830.099 Guide to Unearned Income Exclusions
SI 00830.420 Child Support Payments
SI 00830.455 Grants, Scholarships, Fellowships, and Gifts
SI 00830.536 Job Corps
SI 00830.537 AmeriCorps and National Civilian Community Corps (NCCC) Payments
SI 00830.605 Home Energy Assistance and Support and Maintenance Assistance
(HEA/SMA)
SI 00835.001: Introduction to Living Arrangements and In-Kind Support and
Maintenance
SI 00835.005: Flowchart for Sequential Development of Living Arrangement (LA) and
In-Kind Support and Maintenance (ISM)
SI 00835.020: Definitions of Terms Used in Living Arrangements (LA) and In-Kind
Support and Maintenance (ISM) Instructions
SI 00835.120: Rental Liability as LA Basis
SI 00835.140: Separate Consumption
SI 00835.150: Separate Purchase of Food
SI 00835.160: Sharing
SI 00835.170: Earmarked Sharing
SI 00835.200: The One-Third Reduction Provision
SI 00835.300: Presumed Maximum Value (PMV) Rule
SI 00835.310: Distinguishing Between In-Kind Support and Maintenance (ISM) and
Other Unearned In-Kind Income
SI 00835.320: Rebuttal Procedures and Presumed Maximum Value (PMV) Rule
SI 00835.331: Treatment of Home Energy Assistance (HEA) and Support and
Maintenance Assistance (SMA) in Determinations of Inside In-kind
Support and Maintenance (ISM) and Cash from Within a Household
SI 00835.340: Computation of In-Kind Support and Maintenance from Within a
Household
SI 00835.350: Computation of In-Kind Support and Maintenance (ISM) from Outside a
Household (Including Vendor Payments by a Third Party Outside the
Household)
SI 00835.382: Form SSA-L5061 (Letter to Landlord
SI 00835.390: Food, or Shelter That is Remuneration for Work But is not Wages
SI 00835.400: In-Kind Support and Maintenance (ISM) only to the Claimant
SI 00835.450: Cash Income from Within and from Outside Households
SI 00835.465: ISM and Households - Household Costs
SI 00835.470: ISM and Households - Conversions
SI 00835.473: Conversions — Arrearages
SI 00835.474: Conversions — Converting to Monthly Amounts
SI 00835.475: Averaging
SI 00835.480: Contributions Toward Household Operating Expenses
SI 00835.481: Policy Effective Dates for Loans of Food and Shelter
SI 00835.482: Loans of In-Kind Support and Maintenance
SI 00835.485: Household Composition
SI 00835.500: First-of-the-Month (FOM) Residence and ISM Determinations
SI 00835.510: Breakpoints
SI 00835.515: Gradual Changes in ISM
SI 00835.520: Redetermination Guidelines for LA and ISM
SI 00835.600: SSA-8006-F4 — Statement of Living Arrangements, In-Kind Support and
Maintenance
SI 00835.625: SSA-8011 — Statement of Household Expenses and Contributions
SI 00835.630: Use of Form SSA-8008, Living Arrangements/In-Kind Support and
Maintenance Development Guide and Summary
SI 00835.640: Exhibit of Form SSA-8008
SI 00835.704: In-Kind Support and Maintenance Provided Residents of Institutions
SI 00835.706: In-Kind Support and Maintenance Provided Residents of Institutions
SI 00835.707: Procedures For Determining ISM Provided To Residents of Institutions
SI 00835.708: In-Kind Support and Maintenance Provided Residents of Private For-
Profit Residential Care Institutions
SI 00835.710: In-Kind Support and Maintenance Provided Residents of Private
Nonprofit Residential Care Institutions
SI 00835.712: Exclusion of In-Kind Support and Maintenance for Residents in Private
Nonprofit Residential Care Institutions
SI 00835.713: Determining In-Kind Support and Maintenance for a Member of a
Religious Order Who Moves into a Private Nonprofit Residential Care
Institution
SI 00835.714: In-Kind Support and Maintenance Provided Residents of Educational or
Vocational Training Institutions
SI 00835.716: In-Kind Support and Maintenance Provided Residents of Public
Institutions
SI 00835.790: Non-institutional Care Situations