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| SSA | RIN: 0960-AF84 | Publication ID: Fall 2002 |
| Title: ●Removal of Clothing from the Definitions of Income and In-Kind Support and Maintenance, Exclusions of One Automobile and Household Goods and Personal Effects Under SSI from Resources (950P) | |
| Abstract: We propose to make the following changes to our rules on determining income and resources under the Supplemental Security Income (SSI) program. 1. We propose to remove clothing from the definition of income and from the definition of in-kind support and maintenance. As a result, we generally will not count gifts of clothing as income when we decide whether a person can receive SSI benefits or when we compute the amount of benefits. 2. We propose to simplify our rules on how we exclude an automobile in determining the resources of a SSI applicant or recipient. Specifically, we propose to exclude one automobile from resources if it is used for transportation, without consideration of its value. 3. We propose to change our resources counting rules in the SSI program by eliminating the dollar value limit for the exclusion of household goods and personal effects. As a result, we would not count household goods and personal effects as resources when we decide whether a person can receive SSI benefits. | |
| Agency: Social Security Administration(SSA) | Priority: Other Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 20 CFR 416.1102 to 416.1104 20 CFR 416.1121 20 CFR 416.1124 20 CFR 416.1130 20 CFR 416.1133 20 CFR 416.1140 20 CFR 416.1142 20 CFR 416.1144 to 416.1145 20 CFR 416.1147 to 416.1149 20 CFR 416.1157 20 CFR 416.1210 20 CFR 416.1216 20 CFR 416.1218 | |
| Legal Authority: Sec 1612 of the Social Security Act Sec 1613(a)(2)(A) of the Social Security Act | |
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Legal Deadline:
None |
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Statement of Need: These changes will simplify our rules, making them less cumbersome to administer and easier for the public to understand and follow, and thereby reducing the potential for payment errors. These changes also will make SSI financial eligibility rules more consistent with those of other means-tested Federal programs. The changes also will eliminate the need to ask claimants, beneficiaries, and other members of their household certain questions that have been viewed as intrusive. By no longer counting gifts of clothing as income, we will remove a disincentive for family members to help needy relatives. |
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Summary of the Legal Basis: None. |
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Alternatives: Clothing None. Automobile - We considered revising the regulations to provide that SSA will assume that the recipient's automobile meets the use requirements for total exclusion of one automobile, absent evidence to the contrary. We did not select this option because it would not change the rule but only how we apply it. It does not go far enough in simplifying the SSI program. By revising the use requirements to exclude a car if it is used for transportation, thus replacing the four present specific transportation exclusion criteria, we will simplify the process. We considered excluding the value of one automobile, regardless of use. We did not select this option because it would allow for the routine exclusion of an automobile even if it were not used for transportation. Such an approach would exclude an inoperable vehicle, a vehicle not being used at all, or a vehicle only used for recreation (such as a dune buggy). We maintain that it is unreasonable to exclude from resources the value of a vehicle that is not used for transportation. We also considered increasing the excludable value of an automobile not meeting the use test to $11,000. We did not select this option because it would not simplify the SSI program. Household Goods and Personal Effects - Instead of excluding the entire value of household goods and personal effects, we considered raising the excludable limit to $10,000 from the current level of $2,000. We decided not to pursue this option because it would not provide any policy simplification. It would increase the amount excluded but it would not eliminate the need for the current time-consuming and complex procedures for determining the market value of an individual's household goods and personal effects. |
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Anticipated Costs and Benefits: We estimate that the program costs and administrative costs for these regulatory changes would be negligible. The proposed rules will simplify the administrative process of valuing noncash items. The change to the household goods and personal effects exclusion would simplify our rules and improve work efficiency by eliminating the need to inventory an individual's household goods and personal effects and determine their current market value. The proposed changes would also serve to make our rules less intrusive and more protective of the dignity of individuals seeking SSI benefits. |
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Risks: These proposed changes would simplify complex SSI rules without disadvantaging SSI applicants or recipients or significantly increasing program or administrative costs. Clothing - There are no significant concerns. Automobile - Our experience shows that most SSI beneficiaries do not own expensive cars. Still, it is possible that a beneficiary may, under our proposal, own an automobile that is used for transportation (and therefore excluded) and that is worth a considerable amount of money. Household Goods and Personal Effects - Under the proposed change to the household goods and personal effects exclusion, we would continue to recognize that individuals applying for SSI may own items that have investment value and which may be quite valuable. Such items as gems, jewelry, and collectibles would still be considered countable resources and subject to the SSI resource limit. Thus, the proposed exclusion for household goods and personal effects would not create an unintended exclusion for items that have investment value. |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: Yes | |
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Agency Contact: Scott Logan Social Insurance Specialist Social Security Administration Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-5927 Email: scott.logan@ssa.gov Robert J. Augustine Social Insurance Specialist Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-0020 |
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