[Federal Register Volume 59, Number 165 (Friday, August 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20634]


[[Page Unknown]]

[Federal Register: August 26, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Social Security Administration

20 CFR Part 416

[Regulations No. 16]
RIN 0960-AD36

 

Supplemental Security Income For the Aged, Blind, and Disabled; 
Income and Resources; Victims' Compensation Payments and Relocation 
Assistance Exclusions

AGENCY: Social Security Administration, HHS.

ACTION: Proposed rules.

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

SUMMARY: These proposed regulations will exclude from income and 
resources under the supplemental security income (SSI) program, 
payments received by an individual (or spouse) from a fund established 
by a State to aid victims of crime and certain relocation assistance 
received from a State or local government. These amendments are being 
proposed in order to reflect sections 5031 and 5035 of the Social 
Security Act.

DATES: To be sure that your comments are considered, we must receive 
them no later than October 25, 1994.

ADDRESSES: Comments should be submitted in writing to the Commissioner 
of Social Security, Department of Health and Human Services, P.O. Box 
1585, Baltimore, MD 21235, sent by telefax to (410) 966-0869, or 
delivered to the Office of Regulations, Social Security Administration, 
3-B-1 Operations Building, 6401 Security Boulevard, Baltimore, MD 
21235, between 8:00 a.m. and 4:30 p.m. on regular business days. 
Comments received may be inspected during these same hours by making 
arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Harry J. Short, Legal Assistant, 3-B-1 
Operations Building, 6401 Security Boulevard, Baltimore, MD 21235, 
(410) 965-6243.

SUPPLEMENTARY INFORMATION: Section 1612(b) of the Social Security Act 
(the Act), as amended by sections 5031 and 5035 of Pub. L. 101-508, 
effective May 1, 1991, excludes from income under the SSI program 
payments received by an individual (or spouse) from a fund established 
by a State to aid victims of crime, and relocation assistance provided 
by a State or local government which is comparable to assistance 
provided under title II of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970. Sections 5031 and 5035 also 
amended section 1613(a) of the Act to exclude these payments and 
assistance from resources for a period of 9 months beginning with the 
month following the month in which they are received. However, with 
respect to victims' compensation payments under section 5031, the 
resource exclusion applies to the extent that the payments were made as 
compensation for expenses incurred or losses suffered as a result of a 
crime. In addition, section 5031 amended section 1631(a) of the Act to 
provide that benefits under title XVI shall not be denied to any 
individual solely by reason of the refusal of the individual to accept 
an amount offered as compensation for a crime of which the individual 
was a victim. Section 13732 of Public Law 103-66 (the Omnibus Budget 
Reconciliation Act of 1993) amended section 5035 of Pub. L. 101- 508 by 
making permanent the exclusion of relocation assistance which 
originally was set to expire on April 30, 1994.
    These proposed regulations would amend Secs. 416.210(b), 416.1124, 
and 416.1210 and create new Secs. 416.1229 and 416.1239 to reflect 
these statutory changes. These proposed rules would also amend 
Sec. 416.1161 to apply these same income exclusions when victims' 
compensation payments and State and local government relocation 
assistance are received by the ineligible spouse or ineligible parent 
of an eligible individual or child in order that the deeming rules not 
reduce the SSI payment of, or render ineligible, the individual or 
child. The proposed amendments to Sec. 416.1210 would result in the 
application of the resource exclusions to these deemors. Not to apply 
the exclusions in such cases could thwart the Congressional intent 
underlying sections 5031 and 5035 that State victims' compensation 
payments and relocation assistance not be treated as income and 
resources and thus not adversely affect SSI eligibility. For this same 
reason, the proposed resource exclusions would apply to victims' 
compensation payments and relocation assistance received by an alien's 
sponsor whose resources are deemed to an eligible alien. Under section 
1621(b)(1) of the Act, income exclusions are not applicable in 
determining the amount of a sponsor's income that will be deemed to an 
alien. Therefore, the proposed income exclusions for victims' 
compensation payments and relocation assistance would not apply to such 
payments received by a sponsor whose income is deemed to an alien. 
Section 416.1204 would be updated to reflect the inclusion of the 
resource exclusion for victims' compensation payments and relocation 
assistance as well as the other resource exclusions applicable to the 
resources of a sponsor.

Regulatory Procedures

Executive Order 12866

    We have consulted with the Office of Management and Budget and 
determined that these rules do not meet the criteria for a significant 
regulatory action under Executive Order 12866.

Regulatory Flexibility Act

    We certify that these proposed rules will not have a significant 
economic impact on a substantial number of small entities since these 
rules affect only individuals. Therefore, a regulatory flexibility 
analysis as provided in Pub. L. 96-354, the Regulatory Flexibility Act, 
is not required.

Paperwork Reduction Act

    These proposed regulations, if promulgated, will impose no 
additional reporting and recordkeeping requirements subject to Office 
of Management and Budget clearance.

(Catalog of Federal Domestic Assistance: Program No. 93.807--
Supplemental Security Income)

List of Subjects in 20 CFR Part 416

    Administrative practice and procedure, Aged, Blind, Disability 
benefits, Public assistance programs, Supplemental Security Income 
(SSI), Reporting and Recordkeeping Requirements.

    Dated: June 27, 1994.
Shirley Chater,
Commissioner of Social Security.

    Approved: August 11, 1994.
Donna E. Shalala,
Secretary of Health and Human Services.

    For the reasons set out in the preamble, Part 416 of Chapter III of 
Title 20 of the Code of Federal Regulations is amended as follows:

PART 416--[AMENDED]

    1. The authority citation for Subpart B of Part 416 continues to 
read as follows:

    Authority: Secs. 1102, 1110(b), 1602, 1611, 1614, 1615(c), 
1619(a), 1631, and 1634 of the Social Security Act; 42 U.S.C. 1302, 
1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383, and 1383c; 
secs. 211 and 212 of Pub. L. 93-66, 87 Stat. 154 and 155; sec. 
502(a) of Pub. L. 94-241, 90 Stat. 268; and sec. 2 of Pub. L. 99-
643, 100 Stat. 3574.

    2. Section 416.210 is amended by revising paragraph (b) to read as 
follows:


Sec. 416.210  You do not apply for other benefits.

* * * * *
    (b) What other benefits includes. Other benefits includes any 
payments for which you can apply that are available to you on an 
ongoing or one-time basis of a type that includes annuities, pensions, 
retirement benefits, or disability benefits. For example, other 
benefits includes veterans' compensation and pensions, workers' 
compensation payments, Social Security insurance benefits and 
unemployment insurance benefits. Other benefits for which you are 
required to apply do not include payments that you may be eligible to 
receive from a fund established by a State to aid victims of crime. 
(See Sec. 416.1124(c)(16) of this part.)
* * * * *
    3. The authority citation for Subpart K of Part 416 continues to 
read as follows:

    Authority: Secs. 1102, 1602, 1611, 1612, 1613, 1614(f), 1621, 
and 1631 of the Social Security Act; 42 U.S.C. 1302, 1381a, 1382, 
1382a, 1382b, 1382c(f), 1382j, and 1383; sec. 211 of Pub. L. 93-66, 
87 Stat 154.

    4. Section 416.1124 is amended by replacing the periods after 
paragraphs (c)(9), (c)(14)(v), and (c)(15) with a semicolon, by 
removing the word ``and'' at the end of paragraph (c)(15), and by 
adding new paragraphs (c)(17) and (c)(18) to read as follows:


Sec. 416.1124  Unearned income we do not count.

* * * * *
    (c) * * *
    (17) Payments received by you from a fund established by a State to 
aid victims of crime; and
    (18) Relocation assistance provided you by a State or local 
government that is comparable to assistance provided under title II of 
the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 that is subject to the treatment required by 
section 216 of that Act.
    5. Section 416.1161 is amended by removing the ``or'' following 
paragraph (a)(14), replacing the periods after paragraphs (a)(17), 
(a)(18), (a)(19), and (a)(20) with semicolons, and by adding new 
paragraphs (a)(21) and (a)(22) to read as follows:


Sec. 416.1161  Income of an ineligible spouse, ineligible parent, and 
essential person for deeming purposes.

* * * * *
    (a) * * *
    (21) Payments from a fund established by a State to aid victims of 
crime (see Sec. 416.1124(c)(17)); and
    (22) Relocation assistance, as described in Sec. 416.1124(c)(18).
    6. The authority citation for Subpart L of Part 416 continues to 
read as follows:

    Authority: Secs. 1102, 1602, 1611, 1612, 1613, 1614(f), 1621, 
and 1631 of the Social Security Act; 42 U.S.C. 1302, 1381a, 1382, 
1382a, 1382b, 1382c(f), 1382j, and 1383; sec. 211 of Pub. L. 93-66, 
87 Stat. 154.

    7. Section 416.1204 is amended by revising paragraph (a) to read as 
follows:


Sec. 416.1204  Deeming of resources of the sponsor of an alien.

* * * * *
    (a) Exclusions from the sponsor's resources. Before we deem a 
sponsor's resources to an alien, we exclude the same kinds of resources 
that are excluded from the resources of an individual eligible for SSI 
benefits. The applicable exclusions from resources are explained in 
Sec. 416.1210 (paragraphs (a) through (i), (k), and (m) through (q)) 
through Sec. 416.1239. For resources excluded by Federal statutes other 
than the Social Security Act, as applicable to the resources of 
sponsors deemed to aliens, see the appendix to subpart K, Income. We 
next allocate for the sponsor or for the sponsor and spouse (if living 
together). (The amount of the allocation is the applicable resource 
limit described in Sec. 416.1205 for an eligible individual and an 
individual and spouse.)
* * * * *
    8. Section 416.1210 is amended by removing ``and'' from the end of 
paragraph (h), by removing the periods from the end of paragraphs (1), 
(m), (n), and (o) and inserting semicolons in their places, and by 
adding new paragraphs (p) and (q) to read as follows:


Sec. 416.1210  Exclusions from resources; general.

* * * * *
    (p) Payments received as compensation for expenses incurred or 
losses suffered as a result of a crime as provided in Sec. 416.1229; 
and
    (q) Relocation assistance from a State or local government as 
provided in Sec. 416.1239.
    9. A new Sec. 416.1229 is added to read as follows:


Sec. 416.1229  Exclusion of payments received as compensation for 
expenses incurred or loss suffered as a result of a crime.

    (a) In determining the resources of an individual (and spouse, if 
any), any amount received from a fund established by a State to aid 
victims of crime is excluded from resources for a period of 9 months 
beginning with the month following the month of receipt.
    (b) To be excluded from resources under this section, the 
individual (or spouse) must demonstrate that any amount received was 
compensation for expenses incurred or losses suffered as the result of 
a crime.
    10. A new Sec. 416.1239 is added to read as follows:


Sec. 416.1239  Exclusion of State or local relocation assistance 
payments.

    In determining the resources of an individual (or spouse, if any), 
relocation assistance provided by a State or local government (as 
described in Sec. 416.1124(c)(18)) is excluded from resources for a 
period of 9 months beginning with the month following the month of 
receipt.

[FR Doc. 94-20634 Filed 8-25-94; 8:45 am]
BILLING CODE 4190-29-P