PROGRAM OPERATIONS MANUAL SYSTEMPart SI – Supplemental Security IncomeChapter 011 – ResourcesSubchapter 30 – Resources ExclusionsTransmittal No. 85, 12/02/2020
This is a Quick Action Transmittal. These revisions do not change or introduce new policy or procedure.
Summary of Changes
SI 01130.600 Retroactive Supplemental Security Income (SSI) and Retirement, Survivors and Disability (RSDI) Payments
We added information from SI 01130.601 on dedicated accounts in subsection B and added to the reference section in E.
Retroactive SSI benefits — which include any federally administered State supplementation — are SSI benefits issued in any month after the calendar month for which they are paid. Thus, benefits for January that are issued in February are retroactive.
Retroactive RSDI benefits are those issued in any month that is more than a month after the calendar month for which they are paid. Thus, RSDI benefits for January that are issued in February are not retroactive, but RSDI benefits for January that are issued in March are retroactive.
The unspent portion of retroactive SSI and RSDI benefits received on or
after 3/2/04 is excluded from resources for the 9 calendar months following the month in which the individual receives the benefits.
The unspent portion of retroactive SSI and RSDI benefits received
before 3/2/04 is excluded from resources for the 6 calendar months following the month in which the individual receives the benefits.
Past-due benefits in a dedicated account and any accrued interest or earnings on such an account are generally excluded from resources.
See SI 01130.601 for more information on dedicated accounts.
The law requires written notice of this exclusion and its limited duration whenever retroactive SSI or RSDI payments are made.
When SSA reimburses a State welfare agency under an IAR agreement and the agency refunds a portion of this to the individual, what the individual receives is treated as a retroactive SSI payment. Its exclusion begins with the month after the individual receives it.
The exclusion is developed only if it would affect eligibility for regular or conditional SSI benefits, in that order.
The required notice is usually systems generated, but the following situations require a manual notice:
sponsor-to-alien deeming where the sponsor receives the payment;
IAR cases that involve a payment of $10,000 or more (these usually are processed as one-time payment cases).
See NL 00804.180, paragraph 1496 and, for IAR cases, NL 00804.125, paragraph IARMO1. See NL 00801.001 and NL 00801.010 on manual notices in general. See NL 00803.015 for posteligibility (PE) notices in force payment cases.
NOTE: If the individual is blind or visually impaired, see instructions at NL 01001.010 for more information on the special blind or visually impaired notice options.
Absent evidence to the contrary, accept the individual's allegation as to when he/she received a retroactive SSI or RSDI payment.
Make sure the file contains evidence of the amount of retroactive payment, such as a copy of a notice to the recipient, a systems record of the payment (e.g., payment history (PMTH) segment of the Supplemental Security Record (SSR)), etc.
Where a State agency refunds part of its SSA reimbursement to the individual, contact the regional office, if necessary, and:
obtain a copy of the SSA-8125 (SSI Notice of Interim Assistance Reimbursement Eligibility), or
make sure the record contains the amount of the State payment to the individual.
Treat the redetermination development for this exclusion the same as the initial claims development.
00830.500 Interest earned by funds excluded under this provision is not excluded from income under this provision
01130.700 Excluded funds have been commingled with other funds
01701.001 Force due
01130.601 Dedicated accounts