Effective Dates: 9/26/2024 - Present

Identification Number:
SI 01320 TN 31
Intended Audience:See Transmittal Sheet
Originating Office:ORDP OISP
Title:Deeming of Income
Type:POMS Full Transmittals
Program:Title XVI (SSI)
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part SI – Supplemental Security Income

Chapter 013 – Deeming

Subchapter 20 – Deeming of Income

Transmittal No. 31, 09/26/2024

Audience

FO/TSC: CS, CS TXVI, CSR, CTE, DRT, FR, OA, OS, RR, TA, TSC-CSR;

Originating Component

OISP

Effective Date

Upon Receipt

Background

We are updating this Program Operations Manual System section to reflect an upcoming regulatory change. The regulatory change, effective 9/30/2024, expands the definition of a public assistance household to include the Supplemental Nutrition Assistance Program (SNAP) as a means-tested public income-maintenance program.

Summary of Changes

SI 01320.141 Deeming: Public Income Maintenance Payments

Subsection A - Added SNAP to the table and added a note with the effective date of the regulatory change.

Subsection C.3 - Reworded the title and included additional subsections for clarity.

Subsection C.4 - Reworded the title and added a note to follow regional procedures when required.

Subsection C.5.b - Rearranged the paragraphs and added a second note to follow regional procedures when required.

Subsection D - Added POMS SI 00830.635 to References.

We also made minor edits and added inclusive language throughout this section.

SI 01320.141 Deeming: Public Income Maintenance Payments

Regulations 20 CFR 416.1161(a)(2) and (3), (b), (c), (d), 416.1163(b), 416.1165(c), (d)

A. Policy on what is excluded from deeming

We exclude from deemed income any public income-maintenance (PIM) payment and any income used to compute such payment, as discussed in SI 01320.141B. in this section.

This exclusion applies to the income of an ineligible spouse or parent when used to compute a PIM payment regardless of who receives that payment.

This exclusion does not apply to individuals who receive Medicaid while working under the Section 1619(b) provisions. The exclusion does not apply because they are considered individuals with disabilities who are receiving Supplemental Security Income (SSI) payments only for the purpose of eligibility for Medicaid.

The following PIM payments (and any income used to compute these payments) are excluded from deemed income:

PIM payments are those payments made under…

Reference
  • •

    Title IV-A of the Social Security Act, Temporary Assistance for Needy Families (TANF)

SI 00830.403 Temporary Assistance For Needy Families (TANF)
  • •

    Title XVI of the Social Security Act (SSI, including federally administered State supplements and State administered mandatory supplements)

 ​
  • •

    The Refugee Act of 1980 (those payments based on need)

SI 00830.645 Refugee Cash Assistance, Cuban and Haitian Entrant Cash Assistance and Federally Reimbursed General Assistance Payments to Refugees
  • •

    The Disaster Relief and Emergency Assistance Act

SI 00830.620 Disaster Assistance - Presidentially-Declared Disaster
  • •

    General assistance programs of the Bureau of Indian Affairs

SI 00830.800 Bureau of Indian Affairs General Assistance
  • •

    State or local government assistance programs based on need (certain tax credits or refunds are not assistance based on need)

SI 00830.175 Assistance Based on Need (ABON)
  • •

    Department of Veterans Affairs programs (those payments based on need)

 SI 00830.300 Department of Veterans Affairs Payments
  • •

    Supplemental Nutrition Assistance Program (SNAP) - effective 9/30/2024

SI 01801.000 Supplemental Nutrition Assistance Program

 

NOTE: Effective 9/30/2024, SNAP was added as an additional means-tested PIM program in 20 CFR 416.1142(a). See SI 00835.130 for more information regarding the regulatory change for public assistance households.

B. Policy on whose income to exclude from deeming

The exclusion in SI 01320.141A in this section applies to the income of ineligible spouses and ineligible parents.

There is no deeming allocation for ineligible spouses, parents, or children who receive PIM payments.

C. Procedure for applying the PIM payment exclusion

In many cases we make assumptions about the receipt of PIM payments when applying the PIM payment exclusions. However, in some cases we cannot rely on assumptions and must verify receipt of the PIM payment.

1. Assume the paying agency made the correct payment determination

Assume that the agency paying the PIM payments considered all the income of the individual who received the PIM payment (either counting or excluding the income). Absent evidence to the contrary, no further verification of the income used in determining the PIM payment is necessary. For more information on how to count income based on need, see SI 00830.170.

2. Consider eligibility established even in the absence of payment

In cases where an individual alleges eligibility for a PIM payment, but did not receive a payment:

  • •

    Contact the appropriate agency;

  • •

    Verify and document the reason the PIM paying agency did not make a payment; and,

  • •

    Exclude the deemor's income if eligibility for the PIM program exists.

If the agency states that there is no eligibility for the PIM program, deem the ineligible spouse's or parent's (or parents’) income to the eligible individual or child as appropriate.

NOTE: We consider a deemor who files for SSI on or after August 22, 1996, eligible for a PIM payment in the month before their application's effective date (i.e., in the E02 month).

 

3. TANF involvement - when to assume the agency making the PIM payment considered the income of a spouse

a. Legal marriage

In cases involving TANF, assume that the agency making the PIM payment considered all the income of a legally married spouse who is living in the same household when determining a TANF payment to the family.

b. Holding out

Verify that the TANF agency used the spouse's income in making the TANF benefit calculation before excluding it for deeming purposes, if a relationship does not meet the legal requirements for marriage under State law, but meets the "holding out" requirements for SSI purposes.

4. Initial claims - verifying receipt of PIM payments

In initial claims, always:

  • •

    Verify the receipt of PIM payments if PIM eligibility is alleged by a deemor (or an ineligible child in the deeming household). Only verify that the PIM payment includes the deemor. It is not necessary to verify the amount paid to the deemor.

  • •

    Ask the claimant to submit any evidence in their possession or any evidence that they can reasonably be expected to obtain. Many PIM agencies have online services for claimants to print verification of payments.

  • •

    Request the evidence from the appropriate agency, if the individual is unable to submit sufficient evidence of eligibility for a PIM payment.

For cases involving TANF follow the procedures in SI 00830.403C.1 to verify the amount of the TANF grant and the amount of the payments to the eligible individual.

NOTE: Follow any established regional procedures, when required.

5. Redeterminations - developing PIM payments

a. General rule for developing PIM payments

If an ineligible spouse or parent alleges receiving PIM payments at a redetermination, it is not necessary to verify the PIM payment when it is consistent with information on the Supplemental Security Record for the period of review. Accept the allegation without further development unless the exception in SI 01320.141C.5.b, in this section, exists.

b. Exception for cases involving receipt of TANF and wages

If there is an indication that the deemor received wages while also receiving TANF, do not assume the deemor remains eligible for TANF without verification. Verify with the agency that the deemor remains included in the TANF grant to continue excluding their wages from deemed income.

If an ineligible spouse or parent alleges receiving TANF benefits but has also received wages at any time during the period of review, follow the instructions at SI 00830.403C.1. and verify continued receipt of TANF benefits.

NOTE 1: Verify continued TANF eligibility of the deemor with wages, not the amount of the grant.

NOTE 2: Follow any established regional procedures, when required.

 

D. References

SI 00601.009 Application Effective Date

SI 00830.170 Income Based on Need (IBON)

SI 00830.175 Assistance Based on Need (ABON)

SI 00830.300 Department of Veterans Affairs Payments

SI 00830.403 Temporary Assistance For Needy Families (TANF)

SI 00830.620 Disaster Assistance - Presidentially-Declared Disaster

SI 00830.635 Food Programs with Federal Involvement

SI 00830.645 Refugee Cash Assistance, Cuban and Haitian Entrant Cash Assistance and Federally Reimbursed General Assistance Payment to Refugees

SI 00830.800 Bureau of Indian Affairs General Assistance

SI 01310.115 Deeming Concept - Child


SI 01320 TN 31 - Deeming of Income - 9/26/2024