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

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 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 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.” We define a “business arrangement” as an arrangement which exists when the amount of monthly rent required to be paid equals the current monthly rental value (CMRV) – that is, the price of the rent on the open market in the individual’s locality. 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. 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 “business arrangement” based on the PMV rather than the CMRV across the nation, thus focusing on the SSI recipient’s 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.

The latest form for 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 expires 2027-05-31 and can be found here.

Burden Changes to 0960-0174 SSA-8006 (Paper Form) Based on the Final Rule

Federal Enterprise Architecture: Income Security - General Retirement and Disability

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