Omitting Food From In-Kind Support and Maintenance Calculations
New collection (Request for a new OMB Control Number)
No
Emergency
04/29/2024
Approved without change
05/28/2024
03/27/2024
This is approved not as an emergency (5 CFR 1320.13) but rather under 5 CFR 1320.11. Following approval of this ICR, the agency will endeavor to work with OMB to correct the submission. Furthermore, within one year of approval the agency will ensure that the original OMB control numbers are correctly updated to reflect this set of ICR changes and this ICR is discontinued if appropriate.
Finally, following conclusion of this ICR, the agency will continue to engage with OMB regarding the
burden calculations associated with this information collection, potential revisions to the IC (including adding a PMV rebuttal form), as well as de minimis revisions to the supporting documentation. Following agreement between SSA and OMB, the agency may conduct a non-substantive change to reflect any further changes made.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
11/30/2024
6 Months From Approved
5,740,166
0
0
3,980,091
0
0
0
0
0
The SSI program provides monthly payments to adults and children with a disability or blindness, and to adults aged 65 and older. These individuals must meet multiple eligibility requirements, including having resources and income below specified amounts, as per section 20 CFR 416.202. Resources are cash or other liquid assets or any real or personal property that individuals (or their spouses, if any) own and could convert to cash to be used for their support and maintenance. Income is anything individuals receive in cash or in kind that they can use to meet their food and shelter needs. Generally, we value in-kind items at their current market value and apply the various exclusions for both earned and unearned income; however, we have special rules under section 20 CFR 416.1130 for valuing food or shelter that is received as unearned income (in-kind support and maintenance). Under section 20 CFR 416.1130, we have two rules for valuing the in-kind support and maintenance (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.
On March 27, 2024, we published the final rule, Omitting Food From In-Kind Support and Maintenance Calculations, at 89 FR 21199, which updates our regulations to exclude food from the ISM calculations and adds conforming language to our definition of income. Under this final rule, we no longer consider food expenses in our ISM calculations. Instead, we consider only shelter expenses (i.e., room, rent, mortgage payments, real property taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection services). We will continue to use the VTR rule and the PMV rule.
Under the final rule for Omitting Food From In-Kind Support and Maintenance Calculations, we anticipate that fewer respondents will need to include descriptions of their food support. Therefore, we are making minor revisions to the SSA-8202-BK, Statement for Determining Continuing Eligibility for Supplemental Security Income Payment (OMB Control No. 0960 0145), SSA 8006, Statement of Living Arrangements, In-Kind Support and Maintenance (OMB Control No. 0960 0174), SSA-8000-BK, Application for Supplemental Security Income (OMB Control No. 0960 0229), SSA 8203-BK, Statement for Determining Continuing Eligibility for Supplemental Security Income Payment (OMB Control No. 0960-0416), SSA-8011, Statement of Household Expenses and Contributions (OMB Control No. 0960-0456), and SSA-5062 & SSA-L5063, Claimant Statement about Loan of Food or Shelter and Statement about Food or Shelter Provided to Another (OMB Control No. 0960-0529) to reduce the need for respondents to discuss food in their descriptions of in-kind support.
Respondents are applicants for, or recipients of, Social Security disability benefits (SSDI); SSI payments; or their representatives.
This ICR is not an Emergency request; however, as we did not submit a PRA request at the NPRM stage, ROCIS will not allow us to submit this as a new collection without indicating it as an Emergency request. Therefore, we are submitting it as an Emergency request, even though it should not be one.
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 ICR for the final rule, we will update the burden figures in the associated information collections under 0960-0145, 0960-0174, 0960-0229, 0960 0416, 0960-0454, and 0960-0529 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.
SSA-L5063 (SSI Claims System Screens)