[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Proposed Rules]
[Pages 26387-26388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12099]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AD87
Supplemental Security Income for the Aged, Blind, and Disabled;
Extension of Time Period for Not Counting as Resources, Funds Received
for Repair or Replacement of Damaged or Destroyed Excluded Resources in
the Supplemental Security Income Program
AGENCY: Social Security Administration.
ACTION: Proposed rule.
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SUMMARY: In the past several years, portions of the United States have
experienced natural disasters that have had unprecedented effects on
supplemental security income (SSI) recipients. To provide us with the
flexibility to deal with these and future occurrences, we propose to
modify our current regulations regarding the period of time that cash
and in-kind items received for the repair or replacement of certain
destroyed or damaged excluded resources would not count toward the
resource limit.
DATES: To be sure that your comments are considered, we must receive
them no later than July 17, 1995.
ADDRESSES: Comments should be submitted in writing to the Commissioner
of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax
to (410) 966-2830, sent by E-mail to ``[email protected]'' or
delivered to 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.
The electronic file of this document is available on the Federal
Bulletin Board (FBB) at 9 a.m. on the date of publication in the
Federal Register. To download the file, modem dial (202) 512-1387. The
FBB instructions will explain how to download the file and the fee.
This file is in WordPerfect and will remain on the FBB during the
comment period.
FOR FURTHER INFORMATION CONTACT: Henry D. Lerner, Legal Assistant,
Division of Regulations and Rulings, Social Security Administration,
6401 Security Boulevard, Baltimore, MD 21235, (410) 965-1762.
SUPPLEMENTARY INFORMATION: The regulations at Sec. 416.1205(c) provide
that SSI recipients can have no more than $2,000 in countable resources
and SSI couples can have no more than $3,000. The regulations at
Sec. 416.1237 provide that assistance received under the Disaster
Relief and Emergency Assistance Act or other assistance provided under
a Federal statute because of a catastrophe which is declared to be a
major disaster by the President of the United States or comparable
assistance received from a State or local government, or from a
disaster assistance organization, is excluded permanently under the SSI
program in determining countable resources.
The regulations at Sec. 416.1232 complement the disaster assistance
exclusion by providing that cash or in-kind items for the repair or
replacement of lost, stolen, or damaged excluded resources are not
treated as resources for 9 months. The regulations also provide for one
extension for a reasonable period up to an additional 9 months for good
cause if circumstances do not permit repair or replacement within the
initial 9-month period and the individual intends to use the funds for
repair or replacement.
Excluded resources generally include the individual's home,
household goods and personal effects, and the automobile, as are
described in Secs. 416.1212, 416.1216 and 416.1218 respectively.
Private insurance payments do not qualify as disaster assistance
and, therefore, cannot be permanently excluded from resources. For some
SSI recipients affected by natural disasters, the maximum period of 18
months during which monies received to repair or replace excluded
resources are not treated as resources will not be sufficient and some
of these individuals will consequently lose SSI and Medicaid
eligibility.
In the past several years, portions of the United States have
experienced natural disasters that have had unprecedented effects on
SSI recipients. In August 1992, Hurricane Andrew devastated south
Florida causing damage estimated in excess of $18 billion. Because of
the extent of the devastation, SSI recipients in the area were unable
to use insurance payments to repair or replace their damaged property
within the maximum 18-month period provided by regulations during which
those payments would not be treated as resources. With the expiration
of this period, the payments would have counted as resources for SSI
purposes. On March 17, 1994 (59 FR 12544), we published interim final
regulations with a request for comments which provided victims of
Hurricane Andrew with an additional 12-month time period in which to
repair or replace their property.
History has shown that current regulations generally provide a
sufficient time period for individuals to repair or replace their
excluded resources destroyed or damaged by natural disasters. However,
in the event disasters of the magnitude of Hurricane Andrew occur, we
wish to have the flexibility in regulations to extend the period that
payments or in-kind assistance for the repair or replacement of
affected excluded resources will not count as resources.
We are proposing regulations which provide us with the flexibility
to provide individuals with additional time to repair or replace
destroyed or damaged excluded resources when such disasters occur and
certain other criteria are met. These proposed regulations will extend
the maximum 18-month period during which cash or in-kind replacement
received from any source for purposes of repairing or replacing an
excluded resource is not counted as a resource for up to an additional
12 months. This additional time period only applies in the case of
presidentially declared major disasters as long as the individual
intends to repair or replace the property and good cause still exists.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that this rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
Paperwork Reduction Act of 1980
These proposed regulations impose no new reporting or recordkeeping
requirements requiring OMB clearance.
Regulatory Flexibility Act
We certify that these proposed regulations will not have a
significant economic impact on a substantial number of small entities
because they [[Page 26388]] affect eligibility for or the amount of SSI
payments of individuals. Therefore, a regulatory flexibility analysis
as provided in Public Law 96-354, the Regulatory Flexibility Act, is
not required.
(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, Reporting and recordkeeping
requirements, Supplemental Security Income.
Dated: May 3, 1995.
Shirley S. Chater,
Commissioner of Social Security.
Part 416 of Chapter III of Title 20 of the Code of Federal
Regulations is amended as follows:
1. The authority citation for subpart L of part 416 continues to
read as follows:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Authority: Secs. 1102, 1602, 1611, 1612, 1613, 1614(f), 1621,
and 1631 of the 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.
2. Section 416.1232 is amended by revising paragraph (b), by
redesignating paragraph (c) as paragraph (d) and by adding a new
paragraph (c), to read as follows:
Sec. 416.1232 Replacement of lost, damaged, or stolen excluded
resources.
* * * * *
(b) The initial 9-month time period will be extended for a
reasonable period up to an additional 9 months where we find the
individual had good cause for not replacing or repairing the resource.
An individual will be found to have good cause when circumstances
beyond his or her control prevented the repair or replacement or the
contracting for the repair or replacement of the resource. The 9-month
extension can only be granted if the individual intends to use the cash
or in-kind replacement items to repair or replace the lost, stolen, or
damaged excluded resource in addition to having good cause for not
having done so. If good cause is found for an individual, any unused
cash (and interest) is counted as a resource beginning with the month
after the good cause extension period expires. Exception: For victims
of Hurricane Andrew only, the extension period for good cause may be
extended for up to an additional 12 months beyond the 9-month extension
when we find that the individual had good cause for not replacing or
repairing an excluded resource within the 9-month extension.
(c) The time period described in paragraph (b) of this section
(except the time period for individuals granted an additional extension
under the Hurricane Andrew provision) may be extended for a reasonable
period up to an additional 12 months in the case of a catastrophe which
is declared to be a major disaster by the President of the United
States if the excluded resource is geographically located within the
disaster area as defined by the presidential order; the individual
intends to repair or replace the excluded resource; and, the individual
demonstrates good cause why he or she has not been able to repair or
replace the excluded resource within the 18-month period.
* * * * *
[FR Doc. 95-12099 Filed 5-16-95; 8:45 am]
BILLING CODE 4190-29-P