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SSA RIN: 0960-AF96 Publication ID: Fall 2003 
Title: ●Elimination of Parent-to-Child Deeming for Individuals Who No Longer Meet the Definition of Spouse of the Natural or Adoptive Parent (793P) 
Abstract: We propose to change the Supplemental Security Income (SSI) parent-to-child deeming rules to no longer consider the income and resources of a stepparent when an eligible child resides in the household with a stepparent, but not his or her natural or adoptive parent. We will clarify that a stepparent no longer meets the definition of a "parent" when his or her spouse dies or leaves the household. Thus, an eligible child is not subject to deeming from a stepparent unless the child lives with both his or her natural or adoptive parent and the stepparent. We also propose changing the age at which an individual is no longer considered an ineligible child for purposes of deeming from 21 to 22. We believe this change will simplify our rules for both the public and our public contact employees. 
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: Undetermined  Unfunded Mandates: No 
CFR Citation: 20 CFR 416.1101    20 CFR 416.1160    20 CFR 416.1202    20 CFR 416.1851    20 CFR 416.1856   
Legal Authority: Sec 1614(f)(2) of the Social Security Act   
Legal Deadline:  None

Statement of Need: The U.S. Court of Appeals, Second Circuit, ruled on a case involving a natural parent who abandoned the family home leaving her spouse with sole physical custody of an eligible child. Social Security Acquiescence Ruling 99-1(2) currently applies the Court's decision to the States of Connecticut, Vermont, and New York. The proposed rules will set uniform national policy with respect to this issue. Further, changing the definition of "ineligible child" for purposes of deeming will make uniform all regulatory definitions of "child" for SSI purposes. This will simplify our rules, making them less cumbersome to administer and easier for the public to understand and follow.

Summary of the Legal Basis: None.

Alternatives: None.

Anticipated Costs and Benefits: We estimate that the program costs and administrative costs for these regulatory changes would be negligible.

Risks: These proposed rules will ensure our parent-to-child deeming rules are consistent with respect to our current regulatory definition of "parent" and "child." Policy will uniformly be set nationwide and will make our rules less difficult for the public to understand.

Timetable:
Action Date FR Cite
NPRM  06/00/2004    
Final Action  02/00/2005    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Related RINs: Related to 0960-AF24 
Agency Contact:
Eric Skidmore
Social Insurance Specialist
Social Security Administration
Office of Income Security Programs, 6401 Security Boulevard,
Baltimore, MD 21235
Phone:410 597-1833
Email: eric.skidmore@ssa.gov

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

Richard M. Bresnick
Social Insurance Specialist
Social Security Administration
Office of Regulations, 6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-1758