Subject to the rules of administrative finality, fugitive felons and parole and probation
violators are not eligible to receive an SSI benefit beginning with the earlier of:
The month in which a warrant, a court order or decision, or an order or decision by
an appropriate agency in the United States (e.g. parole board) is issued which finds
that the individual is wanted in connection with a crime that is a felony or for attempting
to commit a crime that is a felony or is violating a condition of their probation
or parole; or
The first month during which the individual avoided such prosecution, custody or conviction
or violated a condition of probation or parole, if indicated in such warrant, court
order, or decision.
NOTE: The warrant does not have to state that the individual is “fleeing” for the suspension
to apply.
SSI benefits will not be suspended or denied for fugitive status before August 1996.
However, if the recipient is or was absent from a penal institution without authorization
(e.g. escapee), they are still considered a resident of a penal institution and ineligible
for SSI. This policy was in effect prior to August 1996. Therefore, N22 may be input
for periods prior to August 1996, subject to administrative finality. In some cases,
the recipient was never eligible for SSI.
For individuals residing in Connecticut, New York, or Vermont on or after 12/06/05,
see SI 00530.800 for instructions on determining fugitive felon status.