SSA - POMS: SI 00835.400 - In-Kind Support and Maintenance (ISM) only to the<EndLine/> Claimant

A. Background on ISM only to the Claimant

This section provides instructions for determining the value of in-kind support and maintenance (ISM) only to the claimant. Due to a change in the regulations, “clothing” was eliminated from the definition of ISM beginning March 9, 2005. This section provides instructions for determining ISM only to the claimant for periods before and after the change in regulations.

NOTE: Effective 10/16/15, in the SSI claim system (i.e., MSSICS), ISM-to-one is now identified as ISM only to the claimant.

B. Policy – Beginning March 9, 2005

1. General Rules

The general rules for ISM only to the claimant are:

a

ISM only to the claimant is ISM that benefits only one member of the household such as a gift of food to an eligible individual. ISM only to the claimant is ISM that is not considered to benefit all members of the household.
b

ISM only to the claimant is neither inside ISM nor outside ISM for computational purposes because its value is not determined based on the number of household members.
c

ISM only to the claimant can be provided by a person who lives inside or outside the household.
d

ISM only to the claimant counts as income in the month it is received. For example, a gift of food given to the eligible individual on 05/15 counts as ISM in May.
e

ISM only to the claimant is valued under the presumed maximum value (PMV) rule.
f

ISM provided to a household of one is not classified as ISM only to the claimant. ISM classified as outside ISM (See SI 00835.350) should be treated as outside ISM even when the eligible individual is the only household member. Outside ISM is ISM which could benefit all household members if there were more than one household member.

NOTE: Clothing received before March 9, 2005 is counted as ISM. Clothing received on or after March 9, 2005 is not counted as ISM.

2. Examples of ISM only to the Claimant

The following are examples of ISM only to the claimant:

a

The individual receives ISM in the form of food outside a household setting such as a gift of meals at a relative's home.
b

Food received by an individual and consumed inside a household may constitute ISM only to the claimant. For example, if an individual who is on a special diet receives a gift of food, such food may constitute ISM only to the claimant.
c

An individual acquires ownership interest in the dwelling, which constitutes his or her shelter in the month he or she receives it. This acquisition benefits only the individual and not other household members (See SI 00835.310).
d

An eligible child receives food while temporarily absent to attend school when the child is subject to deeming and someone other than the deemor pays for the food (See SI 00835.042).
e

An eligible child receives shelter while temporarily absent to attend school when the child is subject to deeming and someone other than the deemor pays for the shelter at school (See SI 00835.042).

NOTE: Remember that the infrequent or irregular income exclusion may apply to ISM only to the claimant, e.g., when the individual gets an occasional meal or shelter item from a relative or friend. (See SI 00810.410).

C. Policy - Before March 9, 2005

Before March 9, 2005, ISM was defined as unearned income in the form of food, shelter or clothing. ISM in the form of clothing received before March 9, 2005 is considered countable unearned income subject to any applicable exclusion. All of the general rules in section SI 00835.400B., also apply to ISM determinations for dates before March 9, 2005.

Do not develop gifts of clothing received March 9, 2005 or later.

REMINDER: Gifts of clothing received before March 9, 2005 must be developed following the instructions in SI 00835.400D.

D. Procedure - Developing ISM only to the Claimant Before March 9, 2005

1. General Rules to Developing ISM only to the Claimant

Follow these general rules to develop ISM only to the claimant before March 9, 2005:

•

If the review period covers dates before March 9, 2005, continue to ask the applicant if the individual/couple received ISM in the form of clothing before March 9, 2005.
•

The current market value (CMV) of the clothing received is unearned income in the form of ISM when the clothing is received before March 9, 2005.

2. SSI Claim System Case

To process cases involving ISM only to the claimant before March 9, 2005 in the SSI claim system (i.e., MSSICS):

•

Document the In-Kind Support and Maintenance page in the SSI claim system to document ISM in the form of clothing received before March 9, 2005.
•

Create a new living arrangement iteration showing a change in living arrangement effective March 9, 2005 to remove clothing from the In-Kind Support and Maintenance page.

3. Non-SSI Claim System Case

Document any ISM in the form of clothing received before March 9, 2005, in the REMARKS section of the SSA-8000-BK in initial claims and of the SSA-8203-BK in redeterminations.

E. Procedure - Computing And Documenting ISM only to the Claimant

Follow these instructions for ISM only to the claimant.

1. Computing ISM only to the Claimant

To compute ISM only to the claimant:

a.

Determine the CMV of the food and shelter items received.
b.

For clothing received prior to March 9, 2005, determine the CMV of any clothing as appropriate. March 2005 is the last month that clothing should be counted as ISM.

NOTE: The CMV of clothing is its resale value, not necessarily the vendor charge.
c.

Charge ISM only to the claimant at its actual value (AV) subject to the PMV.
d.

Determine the AV of ISM only to the claimant by subtracting any payment the individual makes towards the ISM from the CMV. This amount is subject to the PMV and the rebuttal procedures in
SI 00835.320.

2. Documenting ISM only to the Claimant

To document ISM only to the claimant:

a

Accept the individual’s statement, signed or on DROC, for the CMV of the ISM unless there is reason to doubt the estimate.
b

If there is reason to doubt an estimate, that is less than the PMV or the individual cannot provide an estimate, inform the individual that ISM will be charged at the PMV and offer rebuttal.
c

If the individual wishes to rebut the PMV, ask the individual to provide evidence of the CMV, e.g., a receipt or corroboration by the provider of the ISM (e.g., signed statement or DROC).

F. Examples of ISM only to the Claimant

Example 1: Child, Subject to Deeming, Away at School

Tom Smith, a 14-year old eligible child, is temporarily absent from his parents' home when he is away at school. Since he is subject to deeming from his parents, the ISM received from the permanent living arrangement (parents' home) and from the temporary living arrangement (school) is potentially countable. The claim specialist (CS) determines that Tom does not get any ISM in his parents' home. However, Tom receives food and shelter while at school and his parents do not pay for it. The CS determines that this is countable ISM and establishes that it has a value in excess of the PMV. ISM capped at the PMV amount is charged beginning with the month that Tom starts living at school. Tom began living at school on 09/15/16. On the SSI claim system, the CS inputs 09/15/16 on the Living Arrangement Change page (INTRANETSSI 010.016) to establish a living arrangement iteration to document the value of the ISM only to the claimant. Using a date in September means that the SSI claim system will charge ISM for September. On the In-Kind Support and Maintenance page (INTRANETSSI 010.015), the CS answers “yes” to the ISM question which reads “Does any person (not living with you) or any agency pay for any of your food or shelter items or provide you or your household (if applicable) with any food or shelter item (y/n):.” On the In-Kind Support and Maintenance Source page (INTRANETSSI 010.015), the CS indicates that the type of ISM is ISM only to the claimant and enters the actual value of the ISM in the monthly value field.

When Tom returns home on 06/08/17, the CS will remove the ISM. Since Tom received ISM in June, the ISM will be removed starting in July. The CS inputs 07/01/17 on the Living Arrangement Change page to establish an iteration to delete the ISM as of July. CAUTION: If the CS inputs a June date on the Living Arrangement Change page, the SSI claim system will not charge ISM in June, which would be incorrect.

Example 2: Eligible Individual Receives Gift of a House

Ms. Jones, an eligible individual, lives with her 3 children in a home owned by her parents. On 12/15/16, her parents deed the home to her as a gift. The CS determines that the gift of the home is ISM only to the claimant and charges the ISM in December (H type income capped at the PMV). On the SSI claim system, the CS inputs 12/15 /16 on the Living Arrangement Change page to establish a living arrangement iteration to count the ISM in December. The CS then establishes an iteration for January by inputting 01/01/17 on the Living Arrangement Change page and showing no ISM in January, since this gift of a house counts only in the month of December.

G. References

GN 00205.015 Handling Changes and Additions on Applications

SI 00810.410 Infrequent or Irregular Income Exclusion

SI 00835.042 Temporary Absence of a Child from a Federal Living Arrangement Due to School Attendance

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 00835.350 Computation of In-Kind Support and Maintenance (ISM) from Outside a Household (Including Vendor Payments by a Third Party Outside the Household)

INTRANETSSI 010.015 In-Kind Support and Maintenance

INTRANETSSI 010.016 Living Arrangement Change

Social Security

Program Operations Manual System (POMS)

SI 00835.400 In-Kind Support and Maintenance (ISM) only to the Claimant