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SSA

RIN: 0960-AF05

Publication ID: Spring 2003

Title: Evidence Requirement for Assignment of Social Security Administration Numbers (SSNs) and Assignment of SSNs for Nonwork Purposes (751P)
Abstract: We propose to change our rules regarding the age at which a mandatory in-person interview is required for original applications for an SSN. In addition, we propose eliminating the waiver of evidence of identity for children under age 7 who are applying for an original SSN card. Under these proposals, SSA will require an in-person interview with all individuals age 12 or older who are applying for an original SSN, and SSA will no longer waive the requirement to provide evidence of identity in original applications for a child under age 7. SSA will clarify that evidence of identity must contain sufficient biographical information to identify the individual. Additionally, we propose to eliminate reference to a pilot no longer under consideration by SSA pertaining to the processing of replacement SSN cards for United States (U.S.) citizens. We also propose to clarify our rules regarding when we will assign an SSN to an alien who is legally in the U.S. but not under authority of law permitting him or her to work in the U.S. We are proposing to define a "valid nonwork purpose" as those instances when a Federal statute or regulation requires an alien to have an SSN in order to receive a federally-funded benefit to which the alien has established entitlement, or when a State or local law requires an alien to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established entitlement.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 422.104 20 CFR 422.107
Legal Authority: 42 USC 405 42 USC 432 42 USC 902(a)(5) 42 USC 1320b-1 42 USC 1320b-13

Legal Deadline: None

Statement of Need: These revised regulations are necessary to further enhance the integrity of SSA's enumeration processes for assigning Social Security Numbers (SSNs). By changing evidence requirements for assignment of SSNs and by defining "valid nonwork reasons," we intend to reduce the opportunity for fraud through misuse and/or improper attainment of SSNs.

Summary of the Legal Basis: None.

Alternatives: In developing the policies for the age at which a mandatory in-person interview is required and the reasons for which a nonwork SSN is assigned, we considered but rejected the following options. Age for Mandatory In-Person Interview - When considering the age at which to set the in-person interview, we felt that it was rare for individuals to obtain an SSN for the first time as late as 12 years of age. However, we rejected a younger age because we felt that such interviews with younger children would be overly burdensome on the child and unproductive for SSA, even with the parent in attendance. We believe that the proposed age 12 threshold for in-person interviews provides the best balance between allowing us to screen effectively for a prior SSN without being overly burdensome on the child. Reasons for Nonwork SSN - We considered limiting the assignment of nonwork SSNs to where there is a Federal statute or regulation that requires the alien to furnish an SSN to receive a federally-funded benefit or service and the alien is legally in the U.S. but not under authority of law permitting him or her to work in the U.S. However, we have not observed significant fraud in the area of nonwork SSNs assigned for general public assistance benefits and we do not want to unnecessarily impact access to general public assistance programs.

Anticipated Costs and Benefits: This regulation may result in a negligible increase in administrative costs. Enhancing the integrity of SSA's enumeration processes should result in fewer opportunities for SSN fraud, including the fraud associated with identity theft.

Risks: None.

Timetable:

Action	Date	FR Cite
ANPRM	10/12/1999	64 FR 55217
ANPRM Comment Period End	12/13/1999
NPRM	03/26/2003	68 FR 14564
NPRM Comment Period End	05/27/2003
Final Action	08/00/2003

Regulatory Flexibility Analysis Required: No	Government Levels Affected: State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
Agency Contact: Arthur LaVeck Social Insurance Specialist Social Security Administration Office of Income Security Programs, Office of Retirement and Disability Policy, Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-5665 Karen Cool Social Insurance Specialist Social Security Administration Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-7094 Fran O. Thomas Social Insurance Specialist Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21235 Phone:410 966-9822