SSR 78-13: Rescinded 1986

PURPOSE:

To state new policy with respect to the exclusion from countable income

of certain State payments authorized under P.L. 93-233; Regulations No.

16, Section 416.1158.

CITATIONS:

Section 9 of P.L. 94-202; Section 1115(a) and 1612(b)(2) as amended, of

the Social Security Act; Section 11 of P.L. 93-233; Regulations No. 16,

Section 416.158.

PERTINENT HISTORY:

Section 9 of P.L. 94-202 (enacted in January 1976) amends Section

1612(b)(2) of the Social Security Act to provide an additional exclusion

in determining countable income for individuals claiming benefits under

title XVI. The amending legislation reads as follows:

"Monthly (or other periodic) payments received by an individual, under a

program established prior to July 1, 1973, if such payments are made by

the State of which the individual receiving such payments is a resident,

and if eligibility of any individual for such payments is not based on

need and is based solely on attainment of age 65 and duration of residence

in such State by such individual."

Currently the State of Alaska makes payments of this

nature—commonly referred to as the Alaska Longevity Bonus Payments

(ALBP); and so far as we are aware, no similar payments are made in any

other State. Though couched in terms of general applicability, therefore,

this provision presently benefits only those individuals who are residents

of the State of Alaska and otherwise meet the conditions described.

e of Alaska makes payments of this

nature—commonly referred to as the Alaska Longevity Bonus Payments

(ALBP); and so far as we are aware, no similar payments are made in any

other State. Though couched in terms of general applicability, therefore,

this provision presently benefits only those individuals who are residents

of the State of Alaska and otherwise meet the conditions described.

The exclusion of the ALBP from income and resources as a 3-year

demonstration project was granted under the authority of Section 1115(a)

of the Social Security Act, effective January 1973, the first month of the

bonus payment. On effectuation of the supplemental security income (SSI)

program in January 1974, a new waiver was obtained to exclude ALBP from

counting as income or resources under title XVI (and related regulations)

under the authority of Section 11 of P.L. 93-233. Terminable on December

31, 1975, this waiver was renewed for a period of 6 months, to expire June

30, 1976. Thus, the waiver and its resulting exclusion are still in effect

and the new legislation duplicates that portion of the exclusion relating

to income for the period the waiver remains in effect.

POLICY DIRECTIVE STATEMENT:

Criteria adopted by a State for determining residency will apply insofar

as residency is a condition for eligibility for payments described in

Section 9, P.L. 94-202, and if payments are made under those criteria to

those who otherwise meet the eligibility requirements for SSI payments,

they control in determining the applicability of the exclusion in

determining SSI eligibility and payment amounts due. In the case of

Alaska, for instance, evidentiary parameters for determining residency are

prescribed by the statute creating the bonus payments in Chapter 45,

Section 47 of the Laws of Alaska. Title XVI of the Social Security Act

does not define State of Residence and SSA will accept States'

determinations as conclusive for purposes of this law.

g SSI eligibility and payment amounts due. In the case of

Alaska, for instance, evidentiary parameters for determining residency are

prescribed by the statute creating the bonus payments in Chapter 45,

Section 47 of the Laws of Alaska. Title XVI of the Social Security Act

does not define State of Residence and SSA will accept States'

determinations as conclusive for purposes of this law.

Payments made by a State under the provisions of P.L. 94-202 will be

excluded from countable income under the SSI program, including deemed

income. However, if the payments are retained, they will count as

resources effective with the quarter following the quarter of receipt.

Inasmuch as P.L. 94-202 does not in any way negate the waiver provision of

the Alaska Longevity Bonus Payments, such payments will continue to be

excluded from the income and resources of those receiving such payments

until the wavier is rescinded or has expired.

For the exclusion from income to apply, the following conditions must be

met:

- The individual receiving the payment is a resident of the State making

it, is an SSI applicant or eligible or one from whom income is deemed to

an SSI applicant or eligible;

- The payments are made periodically;

- The payments are made under a program established before July 1, 1973;

- Eligibility for such payments is based solely on: attainment of age 65, and duration of residency.

The individual receiving the payment is a resident of the State making

it, is an SSI applicant or eligible or one from whom income is deemed to

an SSI applicant or eligible;

The payments are made periodically;

The payments are made under a program established before July 1, 1973;

Eligibility for such payments is based solely on:

- attainment of age 65, and

- duration of residency.

attainment of age 65, and

duration of residency.

esident of the State making

it, is an SSI applicant or eligible or one from whom income is deemed to

an SSI applicant or eligible;

The payments are made periodically;

The payments are made under a program established before July 1, 1973;

Eligibility for such payments is based solely on:

- attainment of age 65, and

- duration of residency.

attainment of age 65, and

duration of residency.

From the structural arrangement as set forth above, it is seen that the

condition of "residency" appears in two discrete contexts. On the one hand

it is a requirement for the exclusion of the payment under the SSI

program; and on the other, duration or residence is a requirement for

eligibility for the payment under the State program awarding such

benefits. It is clear, in this latter context, that the statute is but

describing the actual State program as it is in fact operated and

controlled by the State, and under the State's own standards of

construction.

DOCUMENTATION:

Certification from the State agency making payments that such payments

meet the provisions of P.L. 94-202 must be obtained and the file

documented.