NPRM for Administrative Rules for Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients- RIN 0960-AI82

Forms and Documents

Document Name	Status
Form SSA-L5061 Revisions to 0960-0454 SSA-L5061 (Paper Form) based on the NPRM Form	New
Form SSA-8006-F4 Revisions to 0960-0174 SSA-8006 (Paper Form) Based on the NPRM Form	New
Administrative Rules for Expansion of the Rental Subsidy Policy for SSI Income Applicants and Recipients- RIN 0960-AI82.pdf Supplementary Document	2023-08-24
0960-NEW (Rental Subsidy NPRM ICR).docx Supporting Statement A	2023-08-24

IC Document Collections

IC ID	Document Title	Status
261644	Revisions to 0960-0454 SSA-L5061 (Phone Call) based on the NPRM Other-SSI Claim System Screens	New
261643	Revisions to 0960-0454 SSA-L5061 (Paper Form) based on the NPRM Form	New
261641	Revisions to 0960-0174 SSA-8006 (SSI Claims System) based on the NPRM Other-SSI Claim System Screens	New
261640	Revisions to 0960-0174 SSA-8006 (Paper Form) Based on the NPRM Form	New

ICR Details

OMB Control No:	ICR Reference No: 202308-0960-006
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: SSA	Agency Tracking No:
Title: NPRM for Administrative Rules for Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients- RIN 0960-AI82
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/24/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	192,876	0
Time Burden (Hours)	18,694	0
Cost Burden (Dollars)	0	0

---

Abstract: 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 individual’s monthly payment amount by subtracting the individual’s countable monthly income from the Federal benefit rate (FBR), which is the monthly maximum Federal SSI payment. For the purposes of SSI, SSA defines “income” 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 “earned,” such as wages from work, and “unearned,” such as gifted cash. We refer to this “unearned” 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 “business arrangement.” Under the current regulation, a “business arrangement” 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 “business arrangement” 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 “business arrangement” 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.

---

Authorizing Statute(s): US Code: 42 USC 405 Name of Law: Social Security Law
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0960-AI82	Proposed rulemaking	88 FR 57910	08/24/2023

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Revisions to 0960-0174 SSA-8006 (Paper Form) Based on the NPRM	SSA-8006-F4	Statement of Living Arrangements, In Kind Support and Maintenance
Revisions to 0960-0174 SSA-8006 (SSI Claims System) based on the NPRM
Revisions to 0960-0454 SSA-L5061 (Paper Form) based on the NPRM	SSA-L5061	Letter To Landlord Requesting Rental Information
Revisions to 0960-0454 SSA-L5061 (Phone Call) based on the NPRM

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	192,876	0	0	192,876	0	0
Annual Time Burden (Hours)	18,694	0	0	18,694	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/24/2023

---