SSA - POMS: SI 01310.208 - Computing Payments and Using a Worksheet in Deeming Waiver Cases

A. Introduction

The system is unable to automatically make the correct payment in deeming waiver cases. Follow these instructions to pay the SSI benefits due.

B. Procedure — computation of payment

1. Compute eligibility based on parent-to-child deeming

After identifying that potential eligibility for a deeming waiver under the waiver of parental deeming provision, compute SSI eligibility based on parent-to-child deeming rules (SI 01320.500 ff. and SI 01330.200 ff.) for each month. Use the full FBR and include the child's own income.

If eligible, go to step 2 below.

If ineligible, go to step 3 below.

2. Compute payment based on parent-to-child deeming

Compute payment based on parent-to-child deeming. Then go to step 3 below.

CAUTION: When computing payment, all of the usual retrospective monthly accounting (RMA) rules apply (e.g., budget month selection, transitional computation cycle, etc.). Use the full FBR and include the child's own income. (Receipt of a payment under the waiver of parental deeming provision does not alter the application of the usual RMA rules. Apply RMA as if the deeming rules were not waived.)

3. Compute payment based on deeming waiver

Compute payment to the child using the personal needs allowance, federally administered optional State supplementation payments (if any), and the child's own income. If the child was eligible in step 1 above, use the same budget month used in step 2. Go to step 4 below.

If the child is ineligible in step 1, pay the amount computed based on the deeming waiver.

If the child is ineligible in step 1, the budget month, for purposes of determining the child's own countable income to deduct from the personal needs allowance, is the same as the computation month. (The loss or reinstatement of eligibility using the deeming computation causes a transitional cycle for both the deeming computation and the waiver of parental deeming provision computations.)

4. Compare payments

Compare the payments based on parent-to- child deeming (step 2) and the deeming waiver provision (step 3). Pay the higher benefit.

C. Exhibit

You may use the Monthly Deeming Worksheet (Parent-to-Child Deeming Waiver) to compute eligibility and payment for the waiver of parental deeming provision benefits.

Make copies of the form as needed for local use.

See E.2. below for examples using this worksheet.

Exhibit—Monthly Deeming Worksheet (Parent-to-Child Deeming Waiver)

MONTHLY DEEMING WORKSHEET

Name

(Parent-to-Child Deeming Waiver)

SSN

1.	Compute SSI eligibility based	a.	Computuation Mo./Yr.	Mo./Yr.
	on parent-to-child deeming
	rules (income and	b.	— Child is eligibile.
	resources).		Go to 2.
		c.	— Child is ineligibile.
			Go to 3.
2.	Compute SSI payment	a.	Budget Month	Mo./Yr.
	based on parent-to-child
	income demming rules. (Use	b.	Enter unprorated
	income from the budget month.)		total payment:	$
			Go to 3.
3.	Compute SSI payment using:	a.	Budget Month	Mo./Yr.
	• personal needs allowance	(if 1.b. is checked, BM = 2.a. If 1.c. is checked, BM = 1.a.)
	• child's own income from	Federal Personal
	budget month	Needs Allowance		$30
		b.	Child's countable Income from BM =
		c.	Federal payment or excess countable income
		d.	Federally-administered optional State supplement	+
		e.	Payment based on deeming waiver	$
STOP HERE IF CHILD IS INELIGIBLE IN STEP 1
4.	If child is eligible in step 1,
	compare 2.b to 3.e. Enter
	the higher benefit.	Pay this amount...		$

D. Procedure — systems input

1. Input force due (M02)

Deeming waiver cases must be manually calculated. See SM 01701.000 for system force due procedure.

2. Input FLA/OS

Input code “D” in the Federal living arrangement (FLA) field, and the appropriate State code or code “Z” in the optional supplement (OS) field. See SM 01005.315 ff. for initial claim or SM 01301.505 for posteligibility input instructions.

3. Input current and retroactive payment

After computing payment due in B. above, make the proper systems input following the instructions in MSOM BUSSR 002.006.

4. Input CG code

Input DM18 in the case characteristics (CG) field.

E. Examples

1. Disabled child ineligible under the deeming rules—no state supplement

Mary Jane Smith is a disabled 2-year- old child who lives at home with their parents since Mary Jane came home from the hospital in April 1990. Mary Jane has received SSI since February 1990. In May and June 1990, Mary Jane's parent James Smith earned $1,600 each month. In July, James received a promotion and began receiving a monthly salary of $2,800. Katrina. Smith went to the field office (FO) at the end of July to report the change. Katrina alleged that Mary Jane was eligible for Medicaid under a State home care plan.

Neither Katrina Smith nor Mary Jane has any income. There are no other children in the household. No optional State supplement is paid in their State. An SSI query shows that Mary Jane is a disabled child, that Mary Jane was paid SSI benefits of $30 (personal needs allowance) in February and March, $386 in April, May and June, $49 in July, and Mary Jane will be paid $49 in August.

The FO takes the following actions:

Step	Action
1	Computes eligibility for July 1990 based on the change in James Smith's earnings. Mary Jane is ineligible based on parental deemed income effective July.
2	Verifies Mary Jane's eligibility for Medicaid under a State home care plan according to regional POMS instructions.
3	Determines that Mary Jane is eligible to receive a $30 SSI benefit under the waiver of parental deeming provision for the month of July 1990. EXPLANATION: Although initially Mary Jane was found ineligible because of parental deemed income, Mary Jane is eligible based on section 8010. Mary Jane's payment is computed using only their own income in July. (July is the budget month because Mary Jane was ineligible in Step 1.) Since Mary Jane has no income, the benefit amount due is $30.
4	Determines that for August 1990 and continuing, Mary Jane is also due $30.
5	Issues the appropriate manual notice.
6	Makes a system input to force pay Mary Jane's SSI record at a continuing rate of $30 monthly beginning August 1990.
7	Develops an overpayment for July and posts it to the SSR (SM 01311.140).

2. Eligibility under deeming rules fluctuates— state supplement involved

Katie Ryan is a 2-year-old disabled child living in Massachusetts with their two parents, and a 4-year-old ineligible brother. Katie has received SSI benefits for the past 18 months, first while hospitalized, and now at home with Katie's family. In May 1990, Katie was allegedly placed in the Massachusetts Home Care for Disabled Children Program (a State home care plan).

Katie's only income is a cash gift of $25 given to Katie on their birthday in June. Katie's parent Jane and brother have no income. Katie's parent Edward Ryan works and earns $958.50 every 2 weeks. In April and May, Edward was paid $1,917 each month. In June, Edward is paid $2,875.50 (three paydays). In July Edward will be paid $1,917 (two paydays).

The Massachusetts State supplement for a child living in the parents' home is $114.39. The State supplement for the personal needs allowance is $42.80.

The FO takes these actions:

Step	Action
1	Determines Katie's eligibility for June 1990 based on Edward Ryan's wages and Katie's own unearned income. Katie is ineligible.
2	Verifies Katie's eligibility for Medicaid under a State home care plan.
3	Determines that Katie is eligible to receive a $67.80 SSI benefit under the waiver of parental deeming provision for June 1990. EXPLANATION: Katie is ineligible because of parental deemed income. However, Katie is eligible under the parental deeming waiver. Katie's payment is computed using only their own countable income in June ($25 - $20 = $5). June is the budget month because Katie was ineligible in Step 1. Katie is due $67.80 ($25 Federal +42.80 State).
4	Determines that Katie is eligible for July 1990 based on deemed parental income. The SSI payment based on parent-to-child deeming would be $39.39. EXPLANATION: In July, there is $481 deemed income. The budget month is July, because application of the usual rules in June resulted in ineligibility for an SSI benefit. Therefore, beginning in July, when there is a resumption of eligibility under the usual rules (i.e., parental deemed income and resources do not preclude eligibility), a transitional computation cycle begins.
5	Determines that Katie is eligible to receive a $72.80 SSI benefit under the parental deeming waiver provision for July 1990. EXPLANATION: Since Katie is eligible in the computation month based on the usual rules, the FO must compare the payment due under the usual rules ($39.39) to the payment under the deeming waiver. Under the waiver provision, Katie is due $72.80. (Katie has no income in the budget month, which is the same as the budget month from step 4.)
6	Issues the appropriate manual notices.
7	Force pays the case at a monthly continuing rate of $72.80 ($30 Federal +$42.80 State).

MONTHLY DEEMING WORKSHEET Katie Ryan

Name

(Parent-to-Child Deeming Waiver) 001-00-4567

SSN

1.	Compute SSI eligibility based	a.	Computuation Mo./Yr.	6¦90
	on parent-to-child deeming
	rules (income and	b.	— Child is eligibile.
	resources).		Go to 2.
		c.	-x- Child is ineligibile.
			Go to 3.
2.	Compute SSI payment	a.	Budget Month	Mo./Yr.
	based on parent-to-child
	income demming rules. (Use	b.	Enter unprorated
	income from the budget month.)		total payment:	$
			Go to 3.
3.	Compute SSI payment using:	a.	Budget Month	6¦90
	• personal needs allowance	(if 1.b. is checked, BM = 2.a. If 1.c. is checked, BM = 1.a.)
	• child's own income from budget month	Federal Personal Needs Allowance		$30
		b.	Child's countable Income from BM =	- 5
		c.	Federal payment or excess countable income	25
		d.	Federally-administered optional State supplement	+ 42.80
		e.	Payment based on deeming waiver	$ 67.80
STOP HERE IF CHILD IS INELIGIBLE IN STEP 1
4.	If child is eligible in step 1, compare 2.b to 3.e. Enter the higher benefit.	Pay this amount...		$

MONTHLY DEEMING WORKSHEET Katie Ryan

Name

(Parent-to-Child Deeming Waiver) 001-00-4567

SSN

1.	Compute SSI eligibility based	a.	Computuation Mo./Yr.	7¦90
	on parent-to-child deeming
	rules (income and	b.	-x- Child is eligibile.
	resources).		Go to 2.
		c.	— Child is ineligibile.
			Go to 3.
2.	Compute SSI payment	a.	Budget Month	7¦90
	based on parent-to-child
	income demming rules. (Use	b.	Enter unprorated
	income from the budget month.)		total payment:	$ 39.39
			Go to 3.
3.	Compute SSI payment using:	a.	Budget Month	6¦90
	• personal needs allowance	(if 1.b. is checked, BM = 2.a. If 1.c. is checked, BM = 1.a.)
	• child's own income from budget month	Federal Personal Needs Allowance		$30
		b.	Child's countable Income from BM =	0
		c.	Federal payment or excess countable income	30
		d.	Federally-administered optional State supplement	+ 42.80
		e.	Payment based on deeming waiver	$ 72.80
STOP HERE IF CHILD IS INELIGIBLE IN STEP 1
4.	If child is eligible in step 1, compare 2.b to 3.e. Enter the higher benefit.	Pay this amount...		$ 72.80

Social Security

Program Operations Manual System (POMS)

SI 01310.208 Computing Payments and Using a Worksheet in Deeming Waiver Cases

A. Introduction

B. Procedure — computation of payment

1. Compute eligibility based on parent-to-child deeming

2. Compute payment based on parent-to-child deeming

3. Compute payment based on deeming waiver

4. Compare payments

C. Exhibit

D. Procedure — systems input

1. Input force due (M02)

2. Input FLA/OS

3. Input current and retroactive payment

4. Input CG code

E. Examples

1. Disabled child ineligible under the deeming rules—no state supplement

2. Eligibility under deeming rules fluctuates— state supplement involved