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We propose expanding the rental subsidy exception beyond the 7 states to which it already applies so that it applies nationwide. Accordingly, our nationwide policy would be that a business arrangement exists when the amount of monthly rent required to be paid equals or exceeds the presumed maximum value or the current market value, whichever is less. We expect that the proposed change would improve service delivery by making our policy uniform throughout the country and reducing administrative burdens for individuals seeking access to the Supplemental Security Income (SSI) program.

This was informed in part by the Executive Order 12866 listening sessions conducted during the development of the omitting food from the ISM calculations regulation. 

Statement of Need:

This proposal streamlines the agency's policy on In-Kind Support and Maintenance (ISM) and reduces SSI program complexity.

Summary of the Legal Basis:

Social Security Administration general rulemaking authority 42 U.S.C. 405(a); 42 U.S.C. 1383(d)(1). 

Alternatives:

The current proposal streamlines the SSI process.

Anticipated Costs and Benefits:

We estimate that implementation of this proposed rule would result in a total increase in Federal SSI payments of $971 million over fiscal years 2024 through 2033, assuming implementation of this rule on April 29, 2024.

Risks:

We do not anticipate risk to the integrity of our program.