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SSA

RIN: 0960-AI68

Publication ID: Fall 2021

Title: ●$20 Tolerance Rule to Establish That the Individual Meets the Pro-Rata Share of Household Expenses When Living in the Household of Another
Abstract: When SSI claimants live in another person’s household, their benefits may be reduced because they could receive in-kind support and maintenance from that household. However, their benefits will not be reduced if they demonstrate that they are paying their pro-rata share of the household’s expenses. If SSI claimants do not contribute their pro-rata share of household expenses, but they do contribute an amount that is within $20 of their share of household expenses, we treat the situation as if the claimants pay their pro-rata share under our tolerance policy. In this situation, we would not reduce a claimant’s benefit because of in-kind support and maintenance. This proposed rule seeks to codify this policy.
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 416.1133
Legal Authority: 42 U.S.C. 902(a)(5) 42 U.S.C. 1381a 42 U.S.C. 1382 42 U.S.C. 1382a 42 U.S.C. 1382b 42 U.S.C. 1382c(f) 42 U.S.C. 1382j 42 U.S.C. 1383 42 U.S.C. 1382 note

Legal Deadline: None

Statement of Need:

This change would reinforce a tolerance that prevents SSA from assessing ISM if a claimant is within a specific dollar amount of meeting their fair share when living in the home on another.

Anticipated Costs and Benefits:

This is a new draft regulation proposal and we have not completed the regulation specifications. We are unable to formally project costs and benefits.

Timetable:

Action	Date	FR Cite
NPRM	05/00/2022

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
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