Supporting Statement - 0617

Supporting Statement for Prohibition of Payment of SSI Benefits to

Fugitive Felons and Parole/Probation Violators

20 CFR 416.708(o)

OMB No. 0960-0617

A. Justification

1. Introduction/Authoring Laws and Regulations

Section 202(a) of Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, amends Section 1611(e)(4) of the Social Security Act to preclude eligibility for Social Security Income (SSI) payments for certain fugitives and probation or parole violators. Section 20 CFR 416.708(o) of the Code of Federal Regulations requires individuals applying for, or receiving SSI benefits to report to SSA that: (1) they are fleeing to avoid prosecution for a crime; (2) they are fleeing to avoid custody or confinement after conviction of a crime; or (3) they are violating a condition of probation or parole.

Due to the SSI Modernization project, implemented in March 2017, Felony Warrant (AWRF) and Parole or Probation Violation Warrant (AWRP) screens that were previously stored in the Modernized SSI Claims System (MSSICS) database are now accessible on the web. This revision modernizes both forms to their current web-based versions in the SSI Claim System.

2. Description of Collection

SSA uses the information we collect to deny eligibility, or suspend recipient’s SSI payments. The respondents are SSI applicants and recipients, or representative payees of SSI applicants and recipients, who are reporting their status as a fugitive felon or probation or parole violator.

3. Use of Information Technology to Collect the Information

SSA collects this information during interviews with SSI applicants or recipients to determine eligibility for payments, when processing initial claims or redeterminations (RZ). We enter the information into the web-based SSI Claim System. In accordance with the agency’s Government Paperwork Elimination Act plan, SSA electronically collects fugitive felon and parole or probation violator information. We estimate 100% of the respondents respond via personal interviews captured using the electronic method when processing initial claims and RZs.

3. Why We Cannot Use Duplicate Information

The nature of the information we collect and the manner in which we collect it preclude duplication. SSA does not use another collection instrument to obtain similar data.

3. Minimizing Burden on Small Respondents

This collection does not affect small businesses or other small entities.

3. Consequence of Not Collecting Information or Collecting it Less Frequently

If we did not collect the fugitive felon and parole or violator information, we would pay benefits in error to fugitives or probation or parole violators who are not eligible to receive benefits. Because we collect this information on an as needed basis, we cannot collect it less frequently. There are no technical or legal obstacles to burden reduction.

3. Special Circumstances

There are no special circumstances that would cause SSA to conduct this information collection in a manner inconsistent with 5 CFR 1320.5.

3. Solicitation of Public Comment and Other Consultations with the Public

The 60-day advance Federal Register Notice published on January 12, 2018 at 83 FR 1651, and we received no public comments. The 30-day FRN published on April 3, 2018 at 83 FR 14306. If we receive any comments in response to this Notice, we will forward them to OMB.

3. Payment or Gifts to Respondents

SSA does not provide payments or gifts to the respondents.

3. Assurances of Confidentiality

SSA protects and holds confidential the information it collects in accordance with 42 U.S.C. 1306, 20 CFR 401 and 402, 5 U.S.C. 552 (Freedom of Information Act), 5 U.S.C. 552a (Privacy Act of 1974), and OMB Circular No. A-130.

3. Justification for Sensitive Questions

The information collection does not contain any questions of a sensitive nature.

3. Estimates of Public Reporting Burden

Modality of Completion	Number of Respondents	Frequency of Response	Average Burden Per Response (minutes)	Estimated Total Annual Burden (hours)
SSI Claim System Screens	1,000	1	1	17

The total burden for this ICR is 17 hours. We based these figures on current management data information. We did not calculate a separate cost burden.

3. Annual Cost to the Respondents (Other)

This collection does not impose a known cost burden on the respondents.

3. Annual Cost to Federal Government

The annual cost to the Federal Government is approximately $1,699. This estimate accounts for costs from the following areas: (1) SSA employee (e.g., field office, 800 number, DDS staff) information collection and processing time; and (2) systems development, updating, and maintenance costs.

3. Program Changes or Adjustments to the Information Collection Request

There are no changes to the public reporting burden.

3. Plans for Publication Information Collection Results

SSA will not publish the results of the information collection.

3. Displaying the OMB Approval Expiration Date

SSA is not requesting an exception to the requirement to display the OMB approval expiration date.

3. Exceptions to Certification Statement

SSA is not requesting an exception to the certification requirements at 5 CFR 1320.9 and related provisions at 5 CFR 1320.8(b)(3).

B. Collections of Information Employing Statistical Methods

SSA does not use statistical methods for this information collection.