POMS Reference

SI 01220: Special Resource Provision

Audience:

DO/BO/TSC:
CR, CR TXVI, DRT, FR, OA, OS, RR, SR
PSC:
DS

Citations:

Act as Amended in 1972 and 1973—Sec. 1611(g)

20 CFR 416.1260, 416.1261, 416.1262, 416.1264, 416.1266

TN 1 (11-96)

Congress recognized that a number of recipients who received aid or assistance for December 1973 under a State plan approved under titles I, X, XIV, or XVI of the Social Security Act (SSACT) might not be eligible for supplemental security income (SSI) payments because the State plan permitted such individuals to have a resource reserve higher than permitted under title XVI. This higher reserve may be due to a higher dollar limitation, or more liberal exclusions applicable under State programs, or both. To assure continuity of payment and to facilitate conversion of these cases, Congress enacted the "deemed" resources provision set forth in section 1611(g) of the SSACT. Basically, this section provides that recipients receiving assistance under a State plan for December 1973 are deemed to meet the resource limitations under the SSI program. Specific instructions regarding the applicability of the resource limitations under the State plans are contained in the following sections.