SSI regulations require the use of special deeming rules for a household consisting of:

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  an eligible child (or a child who has filed for SSI); and

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  an eligible parent (or a parent who has filed for SSI); and

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  an ineligible parent.

Under these special rules, income is deemed first from the ineligible spouse to the (adult) individual who has filed for SSI. If, after deeming, the individual is income-eligible, no income is deemed to the child. If the individual is income-ineligible (because of deemed income), any “excess” deemed income that was not used to reduce the individual's SSI payment to zero is deemed to the child.

Generally, if there is “excess” deemed income that must be deemed to the eligible child, the child's record will contain manually deemed income amounts (type “V” unearned income).

Prior to November 1, 1992, a computation using the spouse-to-spouse-to-child deeming rules in A.1. in this section resulted in a child receiving SSI payments equal to or higher than the payments would have been had neither parent filed for SSI. In no case did the deeming rules disadvantage an eligible child — that is, in no case was more income deemed to the child than would be deemed if neither parent filed for SSI.

Currently, and in most cases, a computation using the spouse-to-spouse-to-child deeming rules in A.1. results in the same amount of deemed income to the child that would apply if neither parent files for SSI. However, in certain cases, applying the spouse-to-spouse-to-child rules in A.1. can result in a higher deemed income amount (and a lower, or no, SSI payment) for the child.

A higher deemed income amount to the eligible child can result if:

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  there is an ineligible child allocation greater than zero; and

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  the parent who has not filed for SSI has monthly earned income greater than $65 (and unearned income, if any, that is less than the net ineligible child allocation in the first bullet); and

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  the parent who has filed for SSI has unearned income.

Follow the procedures in SI 00601.030 and SI 00601.035 for documenting and closing out oral inquiries. Follow the procedures in GN 00204.012 if the inquiry is in writing.

Also, explain to the parent that if a claim is filed:

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  the parent will be SSI-ineligible for some or all months because of spousal deeming; and

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  the child will receive a smaller SSI payment (compared with the child's payment if neither parent files a claim).

Allow the parent to decide for themself whether to file for SSI. If the parent chooses to file a claim, there is no requirement to document the fact that the above explanation was provided to the parent.

If the child's eligibility or payment amount could be affected within the 2-year administrative finality period, provide the parent with the explanation described in B.1. in this section — modified, as appropriate, based on whether the parent's claim is still pending or has already been denied (i.e., never paid). Discuss with the parent the option of voluntarily withdrawing the application.

Allow the parent to decide for themself whether to withdraw. If the parent chooses not to withdraw, there is no requirement to document the fact that the above explanation was provided to the parent.

If the parent does choose to withdraw the application, provide the claimant with the explanation described in SI 00601.050 B.1. and follow the standard procedures in GN 00206.011 through GN 00206.014 for documenting the withdrawal request. See SI 00601.050 and GN 00206.001 ff. for complete instructions regarding withdrawal of an application.

If during a redetermination or other posteligibility contact, you determine that a child is receiving a smaller SSI payment (or no payment at all) because the spouse-to-spouse-to-child deeming rules in A.1. in this section were applied in the case, discuss with the parent the effect their SSI status has on the child's eligibility or payment amount. Mention to the parent their option of voluntarily terminating their participation in the program. There is no requirement to document this discussion if the parent chooses not to terminate participation in the program.

If the parent does choose to terminate participation, explain the effect of termination as it applies to the parent (SI 02301.230 D.) and follow standard procedures for documenting a voluntary termination. Refer to SI 02301.230 for complete instructions regarding voluntary terminations.

If the parent's eligibility has terminated after 12 months of nonpay, cease computing deemed income to the child using the spouse-to-spouse-to-child rules in A.1. in this section and pay the child using the normal “two parents-to-child” deeming rules (SI 01320.500).

If appropriate, terminate any manual deeming (V1) unearned income entry on the child's record so the system can perform an automated deeming computation.

Where to do so would be advantageous to the child, reopen the deeming determination under the 2-year administrative finality rules. If the 2-year period falls entirely within the parent's period of payment status T31 and voluntary termination for a period prior to the first month of T31 need not be explored (B.3. in this section), no recontact with the parent is necessary.

If the parent's voluntary termination for a period prior to the first month of T31 would be advantageous to the child, recontact the parent to discuss the option.