View Information Collection Request (ICR) Package

OMB Control No: 0960-0831	ICR Reference No: 202403-0960-010
Status: Active	Previous ICR Reference No: 202308-0960-006
Agency/Subagency: SSA	Agency Tracking No:
Title: Changes to the Information Collection Tools Associated with the Final Rule, Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients - RIN 0960-AI82
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/28/2024
	Date Received in OIRA: 04/11/2024
Terms of Clearance: Following conclusion of this ICR, the agency will continue to engage with OMB regarding the burden calculations associated with this information collection, potential revisions to the IC, as well as de minimis revisions to the supporting documentation. Following agreement between SSA and OMB, the agency may conduct a non-substantive change to reflect any further changes made.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved
Responses	192,876	0	0
Time Burden (Hours)	153,113	0	0
Cost Burden (Dollars)	1,121,947	0	0

Abstract: We administer the SSI program, which provides monthly payments to: (1) adults and children with a disability or blindness; and (2) adults aged 65 or older. Eligible individuals must meet all the requirements in the Social Security Act (Act), including having resources and income below specified amounts. Since SSI is a needs-based program for those with limited income and resources, SSA must consider the amount of income an applicant or recipient has when determining whether that person is eligible to receive SSI payments. If the individual is eligible, their income is also a factor when SSA calculates the amount of their monthly SSI payments. Specifically, once SSA determines an individual is eligible for SSI, SSA determines the individual’s monthly payment amount by subtracting the individual’s countable monthly income from the Federal benefit rate (FBR), which is the monthly maximum Federal SSI payment. For the purposes of SSI, SSA defines “income” as anything that an individual receives in cash or in kind that the individual can use to meet their needs for food and shelter. We also define income as “earned,” such as wages from work, and “unearned,” such as gifted cash. We refer to this “unearned” income as in-kind support and maintenance (ISM). We have two rules for valuing the ISM that we must count: (1) currently, the one-third reduction rule (VTR) applies if the individual is living in the household of a person, throughout a month, who provides the individual with both food and shelter, and (2) the presumed maximum value rule (PMV) applies in all other situations in which the individual is receiving countable ISM. Our regulations clarify that that an individual is not receiving ISM in the form of room or rent if they are paying the required monthly rent charged under a “business arrangement.” We define a “business arrangement” as an arrangement which exists when the amount of monthly rent required to be paid equals the current monthly rental value (CMRV) – that is, the price of the rent on the open market in the individual’s locality. Court cases for residents living in specific jurisdictions within seven excepted States, changed the rules for rental subsidy showing that a “business arrangement” exists when the required monthly rent the SSI recipient is required to pay equals or exceeds the PMV. If the required monthly rent is less than the CMRV, we count the difference between the required monthly rent and the CMRV as ISM to the SSI applicant or recipient. We use the PMV rule to value this type of ISM. Under this final rule, we revised the definition of “business arrangement” based on the PMV rather than the CMRV across the nation, thus focusing on the SSI recipient’s purchasing power or the actual economic benefit they receive. This also ensures that all SSI applicants and recipients, regardless of where they reside, have the same policy applied to them regarding the definition of a business arrangement. This rule improves nationwide program uniformity, and we expect, will also improve equality in the application of the rental subsidy policy. Respondents are applicants for, or recipients of, Social Security disability benefits (SSDI); SSI payments; or their representatives.

Authorizing Statute(s): US Code: 42 USC 405 Name of Law: Social Security Law

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0960-AI82	Final or interim final rulemaking	89 FR 25507	04/11/2024

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Change Due to Agency Discretion
Annual Number of Responses	192,876	192,876
Annual Time Burden (Hours)	153,113	153,113
Annual Cost Burden (Dollars)	1,121,947	1,121,947

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: While this new ICR initially increases the overall burden on the public, the final rule decreases the overall public reporting burden for these information collections. See question #12 of the Supporting Statement for updated burden figures. As noted in #1 and #12 of the Supporting Statement, upon OMB approval of the final rule, we will update the burden figures in the associated information collections under 0960-0174, and 0960-0454 to reflect these revised burdens. Once we update the figures under their respective OMB Control Numbers, we will discontinue this new information collection request to avoid any double counting of the burden.

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Faye Lipsky 410 965-8783 faye.lipsky@ssa.gov

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