Changes to the Information Collection Tools Associated with the Final Rule, Expansion of the Rental Subsidy Policy for Supplemental Security Income (SSI) Applicants and Recipients - RIN 0960-AI82
Changes to the Information Collection Tools Associated with the Final Rule, 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
Approved without change
05/28/2024
04/11/2024
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, 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
05/31/2027
36 Months From Approved
192,876
0
0
153,113
0
0
1,121,947
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 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 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 We define a âbusiness arrangementâ as an arrangement which exists when the amount of monthly rent required to be paid equals the current monthly rental value (CMRV) â that is, the price of the rent on the open market in the individualâs locality. 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. If the required monthly rent is less than the CMRV, we count the difference between the required monthly rent and the CMRV as ISM to the SSI applicant or recipient. We use the PMV rule to value this type of ISM.
Under this final rule, we revised the definition of âbusiness arrangementâ based on the PMV rather than the CMRV across the nation, thus focusing on the SSI recipientâs purchasing power or the actual economic benefit they receive. This also ensures that all SSI applicants and recipients, regardless of where they reside, have the same policy applied to them regarding the definition of a business arrangement. This rule improves nationwide program uniformity, and we expect, will also 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
While this new ICR initially increases the overall burden on the public, the final rule decreases the overall public reporting burden for these information collections. See question #12 of the Supporting Statement for updated burden figures. As noted in #1 and #12 of the Supporting Statement, 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. Once we update the figures under their respective OMB Control Numbers, we will discontinue this new information collection request to avoid any double counting of the 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.