Definition of United States (U.S.) Resident; Religious Record of Birth or Baptism as Evidence of Citizenship; Plan to Help Blind and Disabled Individuals Achieve Self-Support

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulations No. 16]

RIN 0960-AE05

Definition of United States (U.S.) Resident; Religious Record of

Birth or Baptism as Evidence of Citizenship; Plan to Help Blind and

Disabled Individuals Achieve Self-Support

AGENCY: Social Security Administration (SSA).

ACTION: Final rules.

-----------------------------------------------------------------------

SUMMARY: These final regulations clarify SSA's policies on the

definition of a U.S. resident and the acceptable types of evidence for

proving status as a U.S. citizen or national. They clarify that, for

purposes of the Supplemental Security Income (SSI) program, resident of

the U.S. means the individual has established an actual dwelling place

in the U.S. and plans to continue living in the U.S. These final

regulations also clarify that, for purposes of the SSI program, a

religious record of a birth or baptism in the U.S. must have been

recorded in the U.S. within 3 months of the birth, in addition to

showing that the individual was born in the U.S., in order to be

acceptable evidence that the individual is a U.S. citizen or a national

of the U.S. In addition, these final regulations correct a

typographical error in the wording regarding income that is used or set

aside to be used under a plan to become self-supporting.

EFFECTIVE DATE: These regulations are effective December 5, 1997.

FOR FURTHER INFORMATION CONTACT: Lois Berg, Legal Assistant, Division

of Regulations and Rulings, Social Security Administration, 6401

Security Boulevard, Baltimore, MD 21235, (410) 965-1713. For

information on eligibility, claiming benefits, or coverage of earnings,

call our national toll-free number, 1-800-772-1213.

SUPPLEMENTARY INFORMATION:

Background

To be eligible for SSI benefits, an individual must be a resident

of the U.S. (one of the 50 States, the District of Columbia, or the

Northern Mariana Islands). Generally, a person becomes a resident when

he or she arrives in the U.S., establishes an actual dwelling place in

the U.S., and plans to continue living in the U.S.

Our regulation at Sec. 416.1603(b) currently defines resident of

the U.S. as ``a person who is living within the geographical limits of

the United States.'' This definition is vague because it could be read

to imply that mere presence, such as that of a visitor, is sufficient

to establish residency. In addition, it does not fully support the

evidence of residency documents required to establish U.S. residency

listed in Sec. 416.1603(a).

Section 416.1603(b) of these final regulations specifies that an

individual must establish an actual dwelling place in the U.S. and

intend to continue living in the U.S. to be considered a U.S. resident.

Clarification of this section of the regulations is necessary to

address problems that have arisen where individuals have established

U.S.

[[Page 59813]]

residency under current regulations, but do not intend to live in the

U.S.

In evaluating evidence of residency for SSI purposes, the term

actual dwelling place will encompass different types of living

situations including the situation of a homeless individual.

Another requirement for eligibility for SSI benefits is that an

individual must be either a citizen or national of the U.S. or a

qualified alien as defined in 8 U.S.C. 1641(b) who meets one of the

exceptions in 8 U.S.C. 1612(a)(2). Section 416.1610 of the regulations

lists the various types of evidence that an individual can submit as

proof that he or she is a citizen or national. Among the acceptable

types of evidence for a U.S. citizen or national is a religious record

of birth or baptism which shows the individual was born in the U.S.

However, Sec. 416.1610(a)(2) currently does not specify that the place

of recordation must be in the U.S., nor does it set any time limits on

when the record must have been established.

Prior SSA studies have shown that religious records of birth or

baptism recorded in the U.S. within 3 months of birth are generally

reliable. Records made after 3 months of birth are more prone to fraud.

While not a foolproof fraud deterrent, these final regulations will

help to limit fraud by lessening the chance of an individual later

coming into the U.S. and using a fraudulent religious record of birth

or baptism to obtain SSI benefits.

Explanation of Revisions

In these final regulations, we are revising Sec. 416.1603(b) to

define precisely what we mean by ``living within the geographical

limits of the United States'' and to reflect the evidence required by

Sec. 416.1603(a). We are also revising Sec. 416.1610(a)(2) to specify

that, in addition to showing that the individual was born in the U.S.,

a religious record of birth or baptism must have been recorded in the

U.S. within 3 months of birth.

In addition, we are correcting a typographical error in the wording

of the second sentence in Sec. 416.1180 concerning income that is used

or set aside to be used under a plan to become self-supporting.

On April 22, 1996, we published proposed rules in the Federal

Register at 61 FR 17609 and provided a 60-day period for interested

individuals to comment. We received no comments. We are, therefore,

publishing these final rules unchanged.

Regulatory Procedures

Regulatory Flexibility Act

We certify that these final regulations will not have a significant

economic impact on a substantial number of small entities because they

only affect individuals who claim benefits under title XVI of the

Social Security Act. Therefore, a regulatory flexibility analysis as

provided in Public Law 96-354, the Regulatory Flexibility Act, is not

required.

Executive Order 12866

We have consulted with the Office of Management and Budget (OMB)

and determined that these final regulations do not meet the criteria

for a significant regulatory action under Executive Order 12866. Thus,

they were not subject to OMB review.

Paperwork Reduction Act

These final regulations impose no reporting/recordkeeping

requirements necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance Program No. 96.006,

Supplemental Security Income)

List of Subjects in 20 CFR Part 416

Administrative practice and procedure, Aged, Blind, Disability

benefits, Public assistance programs, Reporting and recordkeeping

requirements, Supplemental Security Income (SSI).

Dated: October 27, 1997.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set forth in the preamble, we are amending

subparts K and P of part 416 of chapter III of title 20 of the Code of

Federal Regulations as set forth below.

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND

DISABLED

Subpart K--[Amended]

1. The authority citation for subpart K of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),

1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,

Pub. L. 93-66, 87 Stat 154 (42 U.S.C. 1382 note).

2. Section 416.1180 is amended by revising the second sentence to

read as follows:

Sec. 416.1180 General.

* * * If you are blind or disabled, we will pay you SSI benefits

and will not count the part of your income that you use or set aside to

use under a plan to become self-supporting. * * *

Subpart P--[Amended]

3. The authority citation for subpart P of part 416 continues to

read as follows:

Authority: Secs. 702(a)(5), 1614(a)(1)(B) and (e), and 1631 of

the Social Security Act (42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and

(e), and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L. 94-241, 90 Stat.

268 (48 U.S.C. 1681 note).

4. Section 416.1603 is amended by revising paragraph (b) to read as

follows:

Sec. 416.1603 How to prove you are a resident of the United States.

* * * * *

(b) What ``resident of the United States'' means. We use the term

resident of the United States to mean a person who has established an

actual dwelling place within the geographical limits of the United

States with the intent to continue to live in the United States.

* * * * *

3. Section 416.1610 is amended by revising paragraph (a)(2) to read

as follows:

Sec. 416.1610 How to prove you are a citizen or a national of the

United States.

(a) * * *

(2) A certified copy of a religious record of your birth or

baptism, recorded in the United States within 3 months of your birth,

which shows you were born in the United States;

* * * * *

[FR Doc. 97-29187 Filed 11-4-97; 8:45 am]

BILLING CODE 4190-29-P