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SSA RIN: 0960-AI82 Publication ID: Fall 2023 
Title: Nationwide Expansion of the Rental Subsidy Policy for SSI Recipients 

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. 

Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 416.1130(b)   
Legal Authority: 42 U.S.C. 405(a)   
Legal Deadline:  None

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). 


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.



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

Action Date FR Cite
NPRM  08/24/2023  88 FR 57910   
NPRM Comment Period End  10/23/2023 
Final Action  04/00/2024 
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:
Tamara Levingston
Social Security Administration
6401 Security Boulevard,
Baltimore, MD 21235
Phone:410 966-7384