SI 00835: Living Arrangements and In-Kind Support and Maintenance
TN 59 (09-06)
Citations:
Regulations - 20 CFR 416.1130
A. Background
This section provides instructions for determining the value of in-kind support and maintenance to one person (“ISM-to-one”). Due to a change in the regulations, “clothing” was eliminated from the definition of ISM beginning March 9, 2005. This section provides instructions for determining ISM-to-one for periods before and after the change in regulations.
NOTE:: Effective 10/16/15, in MSSICS, ISM-to-one is now identified as ISM only to the claimant.
B. Policy – Beginning March 9, 2005
1. General Rules
The general rules for ISM to one person are:
ISM-to-one is ISM that benefits only one member of the household such as a gift of food to an eligible individual. ISM-to-one is ISM that is not considered to benefit all members of the household.
ISM-to-one is neither inside ISM nor outside ISM for computational purposes because its value is not determined based on the number of household members.
ISM-to-one can be provided by a person who lives inside or outside the household.
ISM-to-one counts as income in the month it is received. For example, a gift of food given to the eligible individual on 05/15 counts as ISM in May.
ISM-to-one is valued under the presumed maximum value (PMV) rule.
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ISM provided to a household of one is not classified as ISM-to-one. ISM classified as outside ISM (See SI 00835.350 ) should be treated as outside ISM even when the eligible individual is the only household member. Outside ISM is ISM which could benefit all household members if there were more than one household member.
NOTE: Clothing received before March 9, 2005 is counted as ISM. Clothing received on or after March 9, 2005 is not counted as ISM.
2. Examples of ISM to One Person
The following are examples of ISM to one person:
The individual receives ISM in the form of food outside a household setting such as a gift of meals at a relative's home.
Food received by an individual and consumed inside a household may constitute ISM-to-one. For example, if an individual who is on a special diet receives a gift of food, such food may constitute ISM-to-one.
An individual acquires ownership interest in the dwelling which constitutes his or her shelter in the month he or she receives it. This acquisition benefits only the individual and not other household members (See SI 00835.310 ).
An eligible child receives food while temporarily absent to attend school when the child is subject to deeming and someone other than the deemor pays for the food (See SI 00835.042 ).
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An eligible child receives shelter while temporarily absent to attend school when the child is subject to deeming and someone other than the deemor pays for the shelter at school (See SI 00835.042 ).
NOTE: Remember that the infrequent or irregular income exclusion may apply to ISM-to-one, e.g., when the individual gets an occasional meal or shelter item from a relative or friend. (See SI 00810.410 ).
C. Policy - Before March 9, 2005
Before March 9, 2005, ISM was defined as unearned income in the form of food, shelter or clothing. ISM in the form of clothing received before March 9, 2005 is considered countable unearned income subject to any applicable exclusion. All of the general rules in section SI 00835.400B. also apply to ISM determinations for dates before March 9, 2005.
D. Procedure - Developing ISM To One Person Beginning March 9, 2005
Do not develop gifts of clothing received March 9, 2005 or later.
REMINDER: Gifts of clothing received before March 9, 2005 must be developed following the instructions in SI 00835.400E.
1. Initial Claims
Until the SSA-8000-BK (Application for Supplemental Security Income) is updated, follow these instructions for non-MSSICS claims.
a. Question 32
Line through the word “clothing” before giving the application to the applicant for signature or review (See GN 00205.015 - Handling Changes and Additions on Applications).
b. “Changes to Report”
The word “clothing” should be lined through under “HELP YOU GET FROM OTHERS” before the reporting responsibilities are reviewed with and given to the applicant.
2. Posteligibility Living Arrangement Changes and Redeterminations
Until the SSA-8203-BK and SSA-8202-F6 (Statement for Determining Continuing Eligibility for Supplemental Security Income Payments) are updated, follow these instructions for non-MSSICS cases.
a. SSA-8203-BK Question 11
Line through the word “clothing” before giving the form to the applicant for signature or review (See GN 00205.015 - Handling Changes and Additions on Applications).
b. SSA-8202-F6 and SSA-8203-BK “Changes to Report”
The word “clothing” should be lined through under “HELP YOU GET FROM OTHERS” before the reporting responsibilities are reviewed with and given to the applicant.
E. Procedure - Developing ISM To One Person Before March 9, 2005
1. General
Follow these general rules to develop ISM to one person before March 9, 2005:
If the review period covers dates before March 9, 2005, continue to ask the applicant if the individual/couple received ISM in the form of clothing before March 9, 2005.
The current market value (CMV) of the clothing received is unearned income in the form of ISM when the clothing is received before March 9, 2005.
2. MSSICS Case
To process cases involving ISM to one person before March 9, 2005 in MSSICS:
Document the In-Kind Support and Maintenance page in MSSICS to document ISM in the form of clothing received before March 9, 2005.
Create a new living arrangement iteration showing a change in living arrangement effective March 9, 2005 to remove clothing from the In-Kind Support and Maintenance page.
3. Non-MSSICS Case
Document any ISM in the form of clothing received before March 9, 2005, in the REMARKS section of the SSA-8000-BK in initial claims and of the SSA-8203-BK in redeterminations.
F. Procedure - Computing And Documenting ISM To One Person
Follow these instructions for ISM-to-one.
1. Computing ISM to One Person
To compute ISM to one person:
Determine the CMV of the food and shelter items received.
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For clothing received prior to March 9, 2005, determine the CMV of any clothing as appropriate. March 2005 is the last month that clothing should be counted as ISM.
NOTE: The CMV of clothing is its resale value, not necessarily the vendor charge.
Charge ISM-to-one at its actual value (AV) subject to the PMV.
Determine the AV of ISM-to-one by subtracting any payment the individual makes towards the ISM from the CMV. This amount is subject to the PMV and the rebuttal procedures in SI 00835.320 .
2. Documenting ISM to One Person
To document ISM to one person:
Accept the individual’s statement, signed or on DROC, for the CMV of the ISM unless there is reason to doubt the estimate.
If there is reason to doubt an estimate that is less than the PMV or the individual cannot provide an estimate, inform the individual that ISM will be charged at the PMV and offer rebuttal.
If the individual wishes to rebut the PMV, ask the individual to provide evidence of the CMV, e.g., a receipt or corroboration by the provider of the ISM (e.g., signed statement or DROC).
G. Examples Of ISM To One Person
Example 1: Child, Subject to Deeming, Away at School
Tom Smith, a 14-year old eligible child, is temporarily absent from his parents' home when he is away at school. Since he is subject to deeming from his parents, the ISM received from the permanent living arrangement (parents' home) and from the temporary living arrangement (school) is potentially countable. The claims representative (CR) determines that Tom does not get any ISM in his parents' home. However, Tom receives food and shelter while at school and his parents do not pay for it. The CR determines that this is countable ISM and establishes that it has a value in excess of the PMV. ISM capped at the PMV amount is charged beginning with the month that Tom starts living at school. Tom began living at school on 09/15/16. On MSSICS, the CR inputs 09/15/16 on the Living Arrangement Change page (INTRANETSSI 010.016) to establish a living arrangement iteration to document the value of the ISM-to-one. Using a date in September means that MSSICS will charge ISM for September. On the In-Kind Support and Maintenance page (INTRANETSSI 010.015), the CR answers “yes” to the ISM question which reads “Does any person (not living with you) or any agency pay for any of your food or shelter items or provide you or your household (if applicable) with any food or shelter item (y/n):.” On the In-Kind Support and Maintenance Source page (INTRANETSSI 010.015), the CR indicates that the type of ISM is ISM only to the claimant and enters the actual value of the ISM in the monthly value field.
When Tom returns home on 06/08/17, the CR will remove the ISM. Since Tom received ISM in June, the ISM will be removed starting in July. The CR inputs 07/01/17 on the Living Arrangement Change page to establish an iteration to delete the ISM as of July. CAUTION: If the CR inputs a June date on the Living Arrangement Change page, MSSICS will not charge ISM in June which would be incorrect.
Example 2: Eligible Individual Receives Gift of a House
Ms. Jones, an eligible individual, lives with her 3 children in a home owned by her parents. On 12/15/16, her parents deed the home to her as a gift. The CR determines that the gift of the home is ISM-to-one and charges the ISM in December (H type income capped at the PMV). On MSSICS, the CR inputs 12/15 /16 on the Living Arrangement Change page to establish a living arrangement iteration to count the ISM in December. The CR then establishes an iteration for January by inputting 01/01/17 on the Living Arrangement Change page and showing no ISM in January, since this gift of a house counts only in the month of December.
H. References
GN 00205.015 , Handling Changes and Additions on Applications
SI 00810.410 , Infrequent or Irregular Income Exclusion
SI 00835.042 , Temporary Absence of a Child from a Federal LA Due to School Attendance
SI 00835.310 , Distinguishing Between In-Kind Support and Maintenance and Other Unearned In-Kind Income
SI 00835.320 , Rebuttal Rule and Procedures PMV
SI 00835.350 , Computation of In-Kind Support and Maintenance from Outside a Household (Including Vendor Payments by a Third Party Outside the Household)
INTRANETSSI 010.015In-Kind and Maintenance
INTRANETSSI 010.016 Living Arrangement Change