SSR 76-28: SECTIONS 1611(b)(2), 1612(a), and 1614(b) (42 U.S.C. 1382(b)(2), 1382a(a), and 1382c(b)) -- SUPPLEMENTAL SECURITY INCOME -- AMOUNT OF BENEFITS -- RELATIONSHIP

(Rescinded 3/30/1995)

20 CFR 416.412, 416.432, 416.1001, and 416.1101

SSR 76-28

The general issue to be determines is the amount of Supplemental Security

Income benefits payable to claimant. The specific issues are: (1) will the

claimant and her husband be treated as a couple during the first 6 months

of their separation; (2) will social security benefits of an eligible

spouse, who is the husband of claimant, be considered as unearned income

in computing the benefits payable to an eligible couple; and (3) should

the Supplemental Security Income benefits payable to an eligible couple be

divided equally between the claimant and her eligible spouse?

Claimant and her husband were converted from the State welfare rolls on

January 1, 1974. At that time, there were an eligible couple. Claimant's

husband received a title II social security benefit of $94.80 a month. In

September 1974, claimant and her husband separated. The Social Security

Administration has included in the computation of claimant's grant a part

of this income of her eligible spouse.

Section 416.412 of Regulations No. 16 provides, in effect, that benefits

under this part for an eligible couple shall be payable at the rate of

$210 per month for the period ending June 30, 1974, and at the rate of

$219 per month for the remainder of 1974 and any calendar year thereafter,

reduced by the amount of income not excluded pursuant to Subpart K of

Regulations No. 16, of such individual and spouse.

Section 416.1101 of Regulations No. 16, provides, in effect, that under

title XVI of the Social Security Act, as amended, an individual's income

includes all of his own income in cash or in kind, both earned or

unearned, and includes all the income of his or her eligible spouse.

y the amount of income not excluded pursuant to Subpart K of

Regulations No. 16, of such individual and spouse.

Section 416.1101 of Regulations No. 16, provides, in effect, that under

title XVI of the Social Security Act, as amended, an individual's income

includes all of his own income in cash or in kind, both earned or

unearned, and includes all the income of his or her eligible spouse.

The social security benefit paid to the husband, after applying the

appropriate exclusion, is used to determine the amount of SSI benefits

paid to claimant and her eligible spouse. The social security payment of

$94.80 is reduced by the $20 exclusion, § 416.1165, leaving countable

income in the amount of $74.80 per month. The monthly SSI benefit for a

couple is $219, and this amount is reduced by the countable income of

$74.80. There remains a balance of a combined benefit amount totaling

$144.20. One-half of this amount is $72.10, and is payable each month to

claimant, § 416.501.

Section 416.1001 of Regulations No. 16 provides, in effect, that if a

husband and a wife are both aged, blind, or disabled individuals living in

the same household, or if such husband and wife have been separated for

less than 6 months, and such husband and wife are eligible for payments

under title XVI of the Act, such payments shall be made to them as a

couple. The payment made for an eligible couple will be less than the sum

of the separate amounts which they could receive if each was an eligible

individual. The eligibility of an individual or a couple for a payment for

a month will be based on their marital status on the first day of the

month. Any subsequent change in marital status within a month will not

affect the eligibility for, or the amount of, the payment for such

month.

will be less than the sum

of the separate amounts which they could receive if each was an eligible

individual. The eligibility of an individual or a couple for a payment for

a month will be based on their marital status on the first day of the

month. Any subsequent change in marital status within a month will not

affect the eligibility for, or the amount of, the payment for such

month.

Section 416.432 of Regulations No. 16, subsection (d), provides, in

effect, that when there is a dissolution of an eligible couple and each

member of the couple becomes an eligible individual for one (1) or two (2)

months of the quarter, a payment amount for each person shall be computed

individually for such months.

The eligibility of an individual or a couple for payment for a month will

be based on the marital status as of the first day of the month; any

subsequent change in marital status within a month will not affect

eligibility for or the amount of payment for such month, §416.1001.

Claimant and her husband were an eligible couple on September 1, 1974.

They separated during September 1974. On October 1, 1974, they were

separated. As of April 1, 1975, claimant and her husband will have been

separated for a period of 6 months and, as of April 1, 1975, claimant will

be eligible to receive benefits as an individual. These benefits will be

in the amount of $146 per month.

Claimant submitted a copy of her Decree of Dissolution of Marriage, which

states that the marriage will be dissolved effective May 7, 1975. As the

date of dissolution would be after April 1, 1975, when the 6 months

separation has ended, it will not effect this decision.

laimant will

be eligible to receive benefits as an individual. These benefits will be

in the amount of $146 per month.

Claimant submitted a copy of her Decree of Dissolution of Marriage, which

states that the marriage will be dissolved effective May 7, 1975. As the

date of dissolution would be after April 1, 1975, when the 6 months

separation has ended, it will not effect this decision.

It is the decision of the Hearing Examiner that the status of claimant

and her spouse as an eligible couple continues until they have been

separated for a period of 6 months. The Supplemental Security Income

benefits payable to claimant and her eligible spouse are to be divided

equally until they have been separated for a period of 6 months and that

the unearned income of claimant's spouse is considered income of claimant

in computing the amount of Supplemental Security Income benefits.