Could the SSI "In-Kind Income" Definition Change?

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Entrusted Legacy Law

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Jul 12, 2023

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Pennsylvania - Greater Pittsburgh Area

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A newly proposed rule by the Social Security Administration (SSA) could ultimately change the way “in-kind income” is defined for recipients of Supplemental Security Income (SSI).


What Is SSI?

Supplemental Security Income (SSI) is a federal public benefits program that provides monthly payments to individuals with limited means, including people with disabilities and seniors. In many cases, recipients of this type of benefit automatically qualify for Medicaid as well.

In 2023, the federal SSI payment standard is $914 per month for an individual ($1,371 per month for a couple).


SSI Income Guidelines

Individuals who receive SSI must meet very strict guidelines in order to continue qualifying for these public benefits.

For people with disabilities, these guidelines include having an impairment that meets the SSA’s narrow definition of “disability” as well as maintaining specific monthly limits on their assets and income.


SSA’s Definition of Income

As SSI support is intended for those with limited means, any additional income could potentially put an SSI recipient’s benefits in jeopardy.

According to the SSA, income includes “any item an individual receives in cash or in-kind that can be used to meet his or her need for food or shelter.”

An SSI recipient whose income exceeds their monthly SSI award – even if it is unintentionally – can result in the individual losing their benefits or having them lowered by a certain amount.

Historically, SSA has included “free food” in its definition of income. SSI recipients must provide the SSA with details about their food expenses. A recipient who accepts so-called “in-kind support and maintenance” (ISM) in the form of food, such as a supply of groceries brought to the recipient by a family member or friend, generally will have their benefits reduced by about one-third.

Fortunately for SSI recipients, this is something to which the SSA is now proposing a shift.


Proposed Rule

In February 2023, the SSA announced its proposal to omit food from its calculations of ISM. If put into effect, Supplemental Security Income recipients who receive this type of support may no longer see their benefits shrink as a result. In addition, they would no longer need to report their food expenses to the SSA.

“The complexities of our current food ISM policies may outweigh their utility,” the SSA states in its proposed rule. “The current requirements for reporting in-kind food receipts could discourage SSI applicants and recipients from receiving an often informal but important form of help.”

In addition to simplifying reporting requirements for SSI recipients as well as processing time for the SSA, the SSA says the new rule would “provide increased financial security to impacted beneficiaries; provide consistent treatment of food support regardless of source; … and facilitate improved food security among beneficiaries.”

The SSA will be seeking public comments on this proposed rule up until April 17, 2023.


Additional Resources

To learn more about these benefits, refer to this introduction to SSI, or consider consulting with a qualified special needs planner in your area.


Contact Sharek Law Office at 412-347-1731 or click here to schedule a complimentary 15-Minute Call to learn how we can help.

 

This article is a service of Sharek Law Office, LLC. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life and Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge. Please note this is educational content only and is not intended to act as legal advice.

Could the SSI "In-Kind Income" Definition Change?

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Entrusted Legacy Law View Details

Entrusted Legacy Law

Elder Law 100 Pinewood Lane Suite #303, Warrendale, Pennsylvania, 15086

Our Firm Prepares You for Life What makes our firm different is that we were built with the needs of growing families in mind. We understand you are BUSY, you are growing, you are planning for a life of prosperity and you value ease, convenience and efficiency. You are raising children, and caring for elderly parents, while also working hard to build your own nest egg for a lifetime of support. You want to know youve made the best decisions for your family and that your plan will work when your loved ones need it most. You want to make sure your minor children would be raised by the people you choose, and never by anyone you wouldnt want, and that your teens and adult children are properly prepared to care for you and what you leave behind.  You want to feel confident that youve made the right choices, and handled everything so that you arent leaving behind a mess, when something happens. That is our focus as well. Weve developed unique systems to give you the same access to a Personal Family Lawyer as was previously only available to the super-wealthy, so you can have the guidance you need to build and maintain a life of prosperity and wealth. And, to keep your family out of court and out of conflict, which is the greatest risk to the people you love and all you have created, even if youve already worked with a traditional lawyer or created documents online. Our Team Is Here for You We encourage communication with our clients. In fact, weve thrown out the time clocks so you never have to be afraid to call with a quick question. Everything we do is billed on a flat-fee basis, agreed to in advance, so there are never any surprises. We have a whole team to serve you. When you call our office to ask your quick question, you wont have to wait hours or days for a phone call back. Youll get your question answered, right away. And, if you need to schedule a more in-depth legal or strategic call with your Personal Family Lawyer, a call will be scheduled when you're both available and ready for the call so we can make the very best use of your time and not waste your time by leaving voicemail after voicemail back and forth. And, we ensure the most important details of your planning are followed through on and your plan continues to work throughout your lifetime. We have a funding coordinator to ensure your assets are owned the right way throughout your lifetime and none of your assets will end up going through a long, expensive court process or being lost to the state because they were missed after your death. Weve created unique membership programs to keep your plan up to date year in and year out as well as give you access to our Trusted Team of Legal Experts for guidance on ANY legal or financial matter. One day you will need a lawyer. I dont know why and I dont know when, but when you do, you will be grateful you can call on us and well be here to advise you or get you out of a jam. We Help You Transfer Your Life and Legacy Lastly, we believe your financial wealth is only a small part of your overall Life and Legacy Planning which is made up of your far more valuable and most often lost upon incapacity or death intellectual, spiritual and human assets. These assets are what make you who you are, and sum up whats most important to you. And, a survey of inheritors has revealed that what they care about even more than inheriting your money, is inheriting these intangible assets.   Most estate plans only focus on the transfer of your financial wealth to the next generation. Most people have such great intentions of passing on the intangible, but very few ever get around to it. Its just not a priority, until its too late. How much do you know about your grandparents values? Their most prized personal possessions? How they felt about you? What they had learned during their lifetime? If you are like most people, you know very little. Thats why we build the capture and passage of these most valuable assets into every estate plan we create. Not only will we help you pass on your money, but also your values, your insights, your stories and your experience the truly valuable assets your loved ones care about the most.  Weve developed a tool that allows us to capture and pass on your whole family wealth, including your Intellectual, Spiritual and Human assets.  I cant go into all of the details here, but well definitely talk about it when you come in for your Life and Legacy Planning Session.

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