Expand the Definition of a Public Assistance Household (NPRM) - RIN 0960-AI81
New collection (Request for a new OMB Control Number)
No
Regular
Comment filed on proposed rule
11/30/2023
09/29/2023
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
0
0
0
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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. Specifically, once SSA determines an individual is eligible for SSI, SSA determines the individualâs monthly payment amount under section 20 CFR 416.1104 of the Code of Federal Regulations (CFR) by subtracting the individualâs countable monthly income from the Federal benefit rate (FBR), which is the monthly maximum Federal SSI payment. Applicantsâ and recipientsâ resources may affect their SSI eligibility, while their income may affect both their SSI eligibility and payment amounts. The Social Security Act (Act) in section 42 USC 1382a, and our regulations in in section 416.1110 defines income as âearned,â such as wages from work, and in section 416.1120 defines all income that is not earned as âunearned,â (e.g., gifted cash or in-kind support and maintenance (ISM)). Like other forms of income, ISM can reduce the amount of an applicantâs or recipientâs monthly SSI payment. Because ISM requires that applicants or recipients receive food, shelter, or both, by definition. Under our current regulations in section 20 CFR 416.1130(b), ISM means any food or shelter that is given to an individual or that the individual receives because someone else pays for it. In addition to counting ISM that an applicant or recipient receives, the current SSI program deems a portion of the income of certain individuals to the SSI applicant or recipient under section 42 U.S.C. 1382c(f) of the Act and as codified under 20 CFR 416.1160. Our current regulations in section 416.1161(a) and (b) exclude from the deemed income of an ineligible spouse or parent any public income maintenance (PIM) payments and any income used to compute this payment. This exclusion also applies to the income of an ineligible spouse or parent when used to compute a PIM payment of someone else. Section 416.1142(a) defines what we consider a public assistance household and lists PIM payments. Under section 20 CFR 416.1142(a) of this rule, we propose to expand the definition of âpublic assistance householdâ to include SNAP, which we anticipate will allow for deeming for more respondents under our revised ISM regulations. This proposed policy will better reflect current means-tested benefit programs and will simplify the development of living arrangements and ISM policies. In addition, this proposal will also allow for higher benefit payments to recipients, and therefore supports our goal of enhancing equality in the programs we administer for all applicants and recipients. We anticipate a 50% reduction in the number of respondents under this rule, based on those who indicate they are part of a Public Assistance Household and who may not need to complete the follow-up forms SSA-L5062, SSA L5063, SSA-8006, and SSA 8011. We also anticipate a small burden reduction per response for the SSA-8006 (0960-0174) as respondents will not need to develop the responses about their household. Respondents are applicants for, or recipients of, Social Security disability benefits (SSDI); SSI payments; or their representatives.
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, 0960-0456, and 0960-0529 to reflect these revised burdens.
* Note: The total burden reflected in ROCIS is 181,823, while the burden cited in #12 of the Supporting Statement is 88,820. This discrepancy is because the ROCIS burden reflects the field office waiting time. In contrast, the chart in #12 of the Supporting Statement reflects actual burden.
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.
0960-0529 SSA-L5063 (SSI claim system)