Expand the Definition of a Public Assistance Household (NPRM) - RIN 0960-AI81

ICR 202309-0960-006

OMB: 0960-0835

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
New
Form and Instruction
New
Form and Instruction
New
Form and Instruction
New
Supplementary Document
2023-09-28
Supporting Statement A
2023-09-29
ICR Details
202309-0960-006
Received in OIRA
SSA
Expand the Definition of a Public Assistance Household (NPRM) - RIN 0960-AI81
New collection (Request for a new OMB Control Number)   No
Regular 09/29/2023
  Requested Previously Approved
36 Months From Approved
389,528 0
234,136 0
0 0

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 individual’s monthly payment amount under section 20 CFR 416.1104 of the Code of Federal Regulations (CFR) by subtracting the individual’s countable monthly income from the Federal benefit rate (FBR), which is the monthly maximum Federal SSI payment. Applicants’ and recipients’ 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 “earned,” such as wages from work, and in section 416.1120 defines all income that is not earned as “unearned,” (e.g., gifted cash or in-kind support and maintenance (ISM)). Like other forms of income, ISM can reduce the amount of an applicant’s or recipient’s 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 “public assistance household” 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.

US Code: 42 USC 1382a Name of Law: Social Security Act
   US Code: 42 USC 1382c(f) Name of Law: Social Security Act
  
None

0960-AI81 Proposed rulemaking 88 FR 67148 09/29/2023

No

  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 389,528 0 0 389,528 0 0
Annual Time Burden (Hours) 234,136 0 0 234,136 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
No
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.

$0
No
    No
    No
No
No
No
No
Faye Lipsky 410 965-8783 [email protected]

  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:
 
 
 
 
 
 
 
    (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.
09/29/2023


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