# SSR 80-18: SSR 80-18: Rescinded 1982

> Federal · Rulings · Rescinded

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_80_18

## Section

- **Citation:** SSR 80-18
- **Heading:** SSR 80-18: Rescinded 1982
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** Rescinded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / SSI / Income / SSR 80-18

## Text

SSR 80-18

PURPOSE:

To clarify supplemental security income (SSI) policy with respect to (1)
Veterans Administration (VA) payments made to SSI eligibles where VA
augments the payments because the recipient has dependents, and (2) VA
payments made to fiduciaries.

CITATIONS (AUTHORITY):

Section 1612(a)(2)(B) of the Social Security Act; Regulations No. 16,
sections 416.1102(a), 416.1120, and 416.1130(d), 38 U.S.C. Veterans
Benefits.

PERTINENT HISTORY:

(1) The current Social Security Administration (SSA) policy provides that
the total amount of VA disability compensation or pension benefits
received by an eligible individual is unearned income to that individual
(and is a resource if held to the next quarter). The income or resource is
used in determining eligibility and amount of benefits under the SSI
program. This policy applies to the designated beneficiary (person to whom
the check is actually made payable and thus who may negotiate the check)
even when the amount of the check has been augmented because of the
beneficiary's dependents. Under VA law a veteran or a widow may receive an
increased amount if there is a dependent.

There have been challenges in the courts on SSA's policy of counting the
additional (augmented) payments to the VA beneficiary as income to him or
her when they are paid to the designated beneficiary. However, the Veteran
Administration's legal counsel interprets VA law to mean (in summary) that
additional amounts of benefits which are payable by reason the designated
beneficiary's having dependents do not vest entitlement in such
dependents. Thus, under the VA law as interpreted by that agency, only the
designated beneficiary has the right to the augmented portion of the VA
compensation or pension payment. Moreover, the beneficiary may use the
payment as he or she chooses. The dependent has no (vested) right to any
portion of the augmented payment. Therefore, a change of policy on the
part of SSA would be inconsistent with the law.
nder the VA law as interpreted by that agency, only the
designated beneficiary has the right to the augmented portion of the VA
compensation or pension payment. Moreover, the beneficiary may use the
payment as he or she chooses. The dependent has no (vested) right to any
portion of the augmented payment. Therefore, a change of policy on the
part of SSA would be inconsistent with the law.

(2) Benefits which are paid to an individual as a fiduciary (a party who
receives and manages the benefits for another) are not available for the
fiduciary's own use and, therefore, are not counted as unearned income of
the fiduciary in the quarter of receipt or as a resource thereafter for
the purpose of determining the fiduciary's eligibility for or amount of
SSI benefits.

There are situations where a person may be receiving VA benefits as a
beneficiary and also as a fiduciary for another person(s). For example, A
World War II disabled veteran in receipt of his own VA compensation may
also be in receipt of VA benefits in a separate check as a fiduciary on
behalf of his incompetent Vietnam veteran son; a widow in receipt of her
own VA pension may also be in receipt of VA benefits in a separate check
as a fiduciary on behalf of her grandchild; or that the child of a
deceased veteran may be in receipt of dependents' educational assistance,
and also in receipt of dependents' educational assistance, and also in
receipt of dependents' indemnity compensation as a fiduciary on behalf of
his or her brother or sister.

POLICY STATEMENT:

(1) VA payments, including those augmented portions which are payable
because of dependents, are income to the designated beneficiary for the
purposes of determining eligibility and payment amount under the SSI
program.
ependents' educational assistance, and also in
receipt of dependents' indemnity compensation as a fiduciary on behalf of
his or her brother or sister.

POLICY STATEMENT:

(1) VA payments, including those augmented portions which are payable
because of dependents, are income to the designated beneficiary for the
purposes of determining eligibility and payment amount under the SSI
program.

(2) Payments made by the VA to an individual in his or her capacity as
fiduciary for another are not income or resources to the fiduciary for the
purposes of determining eligibility and payment amount under the SSI
program. For SSI purposes, such VA payments are income or resources of the
individual for whom the VA payments are made.

DOCUMENTATION:

Appointment of a fiduciary and the amounts being paid must be documented.
When a person is receiving payment as a fiduciary the check legend will
show the name of the fiduciary followed by a phrase which indicates the
fiduciary's relationship. The most common phrases are "wife of," "guardian
of," and "custodian of the child(ren) of." Other documentation may include
a VA award letter which shows the same name and phraseology cited above or
a copy of VA Form 27-4703, Fiduciary Agreement. The Veterans
Administration issues separate checks for any benefits to which a payee is
eligible in his or her own right.

CROSS-REFERENCES:

Claims Manual section 12304.A-12304.B; E12343.B.4.b.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_80_18. Check the current official text before relying on it. Not legal advice.
