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Jul 28, 2023

Another Set Of Proposed Regs To Decrease The Number Of SSI Recipients Charged For In-Kind Support And Maintenance

     Social Security has asked the Office of Management and Budget to approve proposed regulations to:

We propose expanding the definition of a Public Assistance (PA) Household to include additional means-tested assistance programs. This will decrease the number of applicants and recipients charged in-kind support and maintenance, which will simplify living arrangement development within the Supplemental Security Income (SSI) program.

    This has to be approved by OMB and then published in the Federal Register for comments. The agency must consider the comments and possibly revise the proposal. Then they must again obtain approval from OMB before it can again be published in the Federal Register as a final rule. This can easily take two years or more. If a Republican is elected President in 2024, this proposal may die.

15 comments:

  1. I’m sure a change in T16 regulations is going to be on a presidents to do list. Left or right.

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  2. This proposal is to broaden the rules to eliminate the math and travesty that “in-kind support” charges levee on poor people to prevent them from meeting the resource limitations for SSI. So if you are living with your family instead of a tent, we don’t have to continue the fiction that you don’t share expenses, cause if you do, we consider that you’re INCOME.

    And if you lie about the food your family puts in the fridge for you to eat for free because that is how families work, to avoid calculating in-kind support, that is technically fraud, and SSA will absolutely prosecute that as much as they like to punish the poorest people for simply not agreeing to starve to death before we give them $700/mo for that tent.

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    1. SSA doesn’t prosecute, DA’s do. Name one that would prosecute something like this.

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  3. @11:06

    Huh, our field office just refuses to believe food is not being shared and therefore in-kind support and maintenance applies.

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  4. Food. A basic requirement of life is held against the poor. Certain cities have made laws about giving homeless/poor money or food. In society, we help the poor (religion aside, that's a whole 'nuther post about "What would Jesus do".), even if they receive federal or state assistance, sometimes it's just not enough. I will gladly give the poor a few bucks and a maybe a Big Mac, and I would gladly pay the fine to do so. Feeding the poor and the sick shouldn't be counted against them. Would SSA rather them eat sticks and twigs for food if help is not given to them?

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  5. What additional means-tested assistance programs are there?

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    1. It sure…we already have a list of about 10 or so that already apply. Not sure what others they would be considering.

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  6. I honestly can't think of any left that we don't address. At least, any that serve more than a tiny handful of the population.

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  7. Really, you can' think of any?
    SNAP
    Medicaid
    To name two.
    Dear god.

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  8. The list of benefits that counts for a PA household is at https://secure.ssa.gov/poms.nsf/lnx/0500835130 so SNAP, WIC, LIHEAP, Medicaid, housing vouchers, and public housing don't seem to be on there. These aren't cash benefits, but I'm not aware of any part of the Social Security Act that requires SSA to only consider cash benefits when determining who is a PA household.

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    1. Do they fall under this section, because they are means tested with income? Looks like maybe under “ State or local government assistance programs based on need (tax credits or refunds are not assistance based on need)”.

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  9. 9:47, SNAP, WIC, LIHEAP, Medicaid, public housing, Housing Choice Vouchers, etc. do not currently qualify someone to be a PA household. They are not state or local ABON because they are not "funded WHOLLY by a State" or local government, see https://secure.ssa.gov/poms.nsf/lnx/0500830175 (there are some fully locally-funded programs that do similar things that could be ABON)

    But if the regs change, they could qualify households as PA. In that event, SSA would not have to do inside ISM calculations for households getting those benefits. SSI recipients would not have their benefits reduced for inside ISM. And it could affect payment accuracy, since ISM can lead to overpayments and underpayments.

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  10. Not ABON but how about IBON. That’s linked at the bottom of your reference. Since SNAP and Medicaid are income based, looks like a precedent is needed? Once a precedent is established, would they then qualify under the PA household?

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  11. Didn’t mention making it ABON. And yes IBON is counted against SSI dollar for dollar but that’s irrelevant.

    AFDC is IBON? AFDC is considered in a PA household.

    Looks like SI 00830.165 is not all encompassing and leaves room for precedents to be set.

    Maybe SNAP and Medicaid are not government assistance?

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