SSR 78-17: EXCLUSION OF HOUSING ASSISTANCE PAYMENTS FROM INCOME AND RESOURCES FOR SUPPLEMENTAL SECURITY INCOME PURPOSES

(PPD-19)

SSR 78-17

PURPOSE: To restate policy for excluding housing assistance from

income and resources under title XVI pursuant to the Housing Authorization

Act of 1976.

CITATIONS: Sections 1611(a), 1612(b) and 1613 of the Social

Security Act, and Section 2(h) of Public Law 94-375, Regulations No. 16,

§§ 416.1146(k), 416.1210(j), 416.1236(a)(12).

PERTINENT HISTORY: In determining countable income under title XVI

of the Social Security Act, all income, either in cash or in kind, is

counted except that excluded by Section 1612(b) of the Act, or by statutes

specifically excluding the counting of income for Supplemental Security

Income (SSI) purposes. Similarly, all resources are counted except those

excluded by Section 1613 of the Act, or by other statutes specifically

excluding the counting of resources for SSI purposes. Generally, income

received and not consumed prior to the quarter following the quarter of

its receipt becomes a countable resource in the subsequent quarter, and

continues as such for each succeeding quarter thereafter it is held. Thus,

with the exceptions noted in the following paragraph, assistance paid with

respect to a dwelling unit under the various housing programs, whether

provided directly or indirectly, has been countable income to those

beneficiaries who are SSI applicants or recipients. Any such income that

might have been retained became a resource as indicated above.

ing quarter thereafter it is held. Thus,

with the exceptions noted in the following paragraph, assistance paid with

respect to a dwelling unit under the various housing programs, whether

provided directly or indirectly, has been countable income to those

beneficiaries who are SSI applicants or recipients. Any such income that

might have been retained became a resource as indicated above.

Rent subsidies in low-rent housing programs under the provisions of

Section 23 of the United States Housing Act of 1937 as amended, and

experimental programs thereunder, have been excluded from countable

income. The authority for this exclusion was in Section 2 of the above

cited Housing Act (since repealed) which prohibited the use of subsidies

to reduce welfare payments, and in the procedures for waiver of title XVI

requirements as authorized by Section 11 of Public Law 93-233 with respect

to projects to which the provisions of Section 1115 of the Social Security

Act apply. Regulations have, in the past, provided for the exclusion from

income of assistance provided under Section 23 of the United States

Housing Act. However, housing allowances and housing supplements under

Federal housing programs were counted as unearned income.

Under Section 2(h) of the Housing Authorization Act of 1976, effective

October 1, 1976, any assistance paid with respect to a dwelling unit under

the United States Housing Act of 1937, the National Housing Act, Section

101 of the Housing and Urban Development Act of 1965, or title V of the

Housing Act of 1949, may not be considered ". . . as income or a resource

for the purpose of determining the eligibility of, or amount of the

benefits payable to, any person living in such unit for assistance under

title XVI of the Social Security Act."

ed States Housing Act of 1937, the National Housing Act, Section

101 of the Housing and Urban Development Act of 1965, or title V of the

Housing Act of 1949, may not be considered ". . . as income or a resource

for the purpose of determining the eligibility of, or amount of the

benefits payable to, any person living in such unit for assistance under

title XVI of the Social Security Act."

POLICY DIRECTIVE STATEMENT: Effective October 1, 1976, determining

countable income or resources under title XVI of the Social Security Act,

housing assistance paid with respect to any dwelling unit under the

provisions of the United States Housing Act of 1937 as amended, the

National Housing Act, section 101 of the Housing and Urban Development Act

of 1965, or title V of the Housing Act of 1949, is excluded for any

occupant of such unit. The exclusions are applicable regardless of an

individual's relationship to other occupants of the dwelling unit and

regardless of the form or manner in which such assistance is received on

behalf of the unit or received by the individual occupants.

DOCUMENTATION: To retain its exclusion from resources any part of

such assistance which is or becomes a resource must be identifiable as

having resulted from the assistance provided by one of the specific acts

enumerated in Section 2(h) of Public Law 94-375.

FURTHER INFORMATION: 1. United States Housing Act of 1937 authorizes grants, loans, and annual contributions for the purpose of

providing low income housing assistance.

2. National Housing Act provides for comprehensive mortgage

insurance, assistance payments to or on behalf of various mortgagees.

3. Section 101 of Housing and Urban Development Act of 1965 authorizes annual payments to private nonprofit housing owners on behalf

of tenants who have income below the maximum set by the United States

Housing Act of 1937 and who are:

income housing assistance.

2. National Housing Act provides for comprehensive mortgage

insurance, assistance payments to or on behalf of various mortgagees.

3. Section 101 of Housing and Urban Development Act of 1965 authorizes annual payments to private nonprofit housing owners on behalf

of tenants who have income below the maximum set by the United States

Housing Act of 1937 and who are:

4. Title V of the Housing Act of 1949 authorizes financial

assistance in rural areas to farmers, owners, developers, and elderly

persons for the purchase of rural property and construction of adequate

facilities, insurance on various loans, establishment of housing for

trainees in rural areas, and financial assistance for low rent housing for

farm workers.

5. Housing Assistance based on need funded entirely by States or

political subdivisions, in cash or in kind are excluded under sections

1621(b), effective October 1, 1976.

CROSS-REFERENCES: Claims Manual chapters 12200, 12300, 12400,

12500, and 12600, and their inclusive sections.