From a Request for Information posted today by Social Security in the Federal Register:
... This request for information (RFI) seeks public input to inform how Federal agencies can support broader State and local efforts to improve the outcomes of children in the child welfare system who are eligible for Federal benefits. The input we receive will inform our deliberations about potential policy changes. ...
Application
• For children who have contact with the child welfare system but who are not in foster care, what opportunities or challenges exist for child welfare agencies to assist with screening children for SSA benefit eligibility and applying for benefits?
• What opportunities or challenges exist for child welfare agencies to apply for SSA benefits on behalf of children in foster care or living away from their parents with other caregivers? Are there differences depending on whether the child or their family are eligible for other public benefits, such as preventative child welfare services, TANF, SNAP, or title IV–E foster care payments?
SSA Benefit Use and Conservation
• Current SSA rules allow payees, including child welfare agencies, who serve children in foster care to use SSA benefits to pay for the child’s current needs, including the cost of monthly foster care maintenance payments. Payees must conserve SSA benefits for future use only after meeting all of the child’s current and foreseeable needs. How effectively do these rules contribute to the ability of child welfare agencies to serve children in foster care? Are there differences depending on whether the child receives Social Security benefits or SSI payments?• Please describe if it would be beneficial to offer additional guidance or clarification related to when Social Security benefits or SSI payments must be conserved by payees, including, as applicable, child welfare agencies, or expand on what kinds of factors should be considered in a conservation decision.
• For child welfare agencies that serve as payees for children in foster care, how do you make decisions about the use and conservation of the children’s SSA benefits? What do you do with SSA benefits that are not used as part of the monthly foster care
maintenance payment?• For child welfare agencies that serve as payees for children in foster care, a child may be eligible to receive benefits from various sources, including Federal, State, and local. What are the benefits in using SSA benefits before or after other sources of funding to cover the costs of the child’s foster care maintenance?
• For child welfare agencies, if you were required to conserve SSA benefits on behalf of eligible children in foster care, would that affect the agency’s decision about whether to screen or apply for SSA benefits on behalf of a child?
• What would be the implications or challenges if child welfare agencies are restricted from using SSA benefits for foster care maintenance and required to conserve SSA benefits?
• For child welfare agencies that serve as payees for children in foster care, do you conserve any amount of the children’s SSA benefits for future use? If not, why not? If you do, how do you determine how much to conserve? Do you hold the funds, such as in a savings account or a trust account? Do you use Achieving a Better Life Experience (ABLE) accounts or special needs trusts to conserve funds? What are the benefits of and impediments to using ABLE accounts or special needs trusts? Does the decision on whether to conserve benefits depend on the type of benefit provided to the child (e.g., Social Security, SSI, foster care maintenance payments, etc.)?
• For current and former foster youth, what current needs would be met if you had access to your conserved SSA benefits? Are there examples of current needs that are not commonly met by the monthly foster care maintenance payments? If so, which needs?
General
• Are there other aspects of HHS’s or SSA’s programs where guidance, technical assistance, or information can be offered or improved to better support children in foster care or otherwise in contact with the child welfare system. ...
