NPRM for Administrative Rules for Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients- RIN 0960-AI82
NPRM for Administrative Rules for Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients- RIN 0960-AI82
New collection (Request for a new OMB Control Number)
No
Regular
Comment filed on proposed rule
09/26/2023
08/24/2023
OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
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We administer the SSI program, which provides monthly payments to: (1) adults and children with a disability or blindness; and (2) adults aged 65 or older. Eligible individuals must meet all the requirements in the Social Security Act (Act), including having resources and income below specified amounts. Since SSI is a needs-based program for those with limited income and resources, SSA must consider the amount of income an applicant or recipient has when determining whether that person is eligible to receive SSI payments. If the individual is eligible, their income is also a factor when SSA calculates the amount of their monthly SSI payments. Once SSA determines an individual is eligible for SSI, SSA determines the individualâs monthly payment amount by subtracting the individualâs countable monthly income from the Federal benefit rate (FBR), which is the monthly maximum Federal SSI payment. For the purposes of SSI, SSA defines âincomeâ as anything that an individual receives in cash or in kind that the individual can use to meet their needs for food and shelter. We also define income as âearned,â such as wages from work, and âunearned,â such as gifted cash. We refer to this âunearnedâ income as in-kind support and maintenance (ISM). We have two rules for valuing the ISM that we must count: (1) currently, the one-third reduction rule (VTR) applies if the individual is living in the household of a person, throughout a month, who provides the individual with both food and shelter, and (2) the presumed maximum value rule (PMV) applies in all other situations in which the individual is receiving countable ISM.
Our current regulations clarify that that an individual is not receiving ISM in the form of room or rent if they are paying the required monthly rent charged under a âbusiness arrangement.â Under the current regulation, a âbusiness arrangementâ exists when the amount of monthly rent required to be paid equals the current monthly rental value (CMRV). Court cases for residents living in specific jurisdictions within seven excepted States, changed the rules for rental subsidy showing that a âbusiness arrangementâ exists when the required monthly rent the SSI recipient is required to pay equals or exceeds the PMV.
SSA published the Notice of Proposed Rule Making for the Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients which revise our regulations by applying nationwide the In-Kind Support and Maintenance (ISM) rental subsidy exception that is currently in place for SSI applicants and recipients residing in these seven States. The exception recognizes that a âbusiness arrangementâ exists when the amount of required monthly rent for a property equals or exceeds the presumed maximum value. This proposed rule would improve nationwide program uniformity, and we expect, improve equality in the application of the rental subsidy policy. Respondents are applicants for, or recipients of, Social Security disability benefits (SSDI); SSI payments; or their representatives.
US Code:
42 USC 405
Name of Law: Social Security Law
The new proposed rule decreases the overall public reporting burden for these information collections. See question #12 for updated burden figures. As noted in #1 and #12 above, upon OMB approval of the final rule, we will update the burden figures in the associated information collections under 0960-0174, and 0960-0454 to reflect these revised burdens.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form SSA-L5061 Letter To Landlord Requesting Rental Information
Administrative Rules for Expansion of the Rental Subsidy Policy for SSI Income Applicants and Recipients- RIN 0960-AI82.pdf
0960-NEW (Rental Subsidy NPRM ICR).docx
Revisions to 0960-0454 SSA-L5061 (Phone Call) based on the NPRM