New Rental Assistance Rule May Open Benefits to More Seniors
Ashley Day Law
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Jul 25, 2024
Alabama - Gulf Coast
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New Rental Assistance Rule May Open Benefits to
More Seniors
The Social
Security Administration (SSA) has published a final rule simplifying
and expanding its rental subsidy program for Supplemental Security Income
(SSI).
Effective
September 30, 2024, the new rule is likely to allow more people to qualify for
SSI. In addition, some current SSI recipients may see an increase in their
monthly benefit amount as a result. The rule change is part of a broader agency
effort to streamline certain aspects of the SSI program.
SSI applicants
and recipients may want to talk to an elder law lawyer about the new
rule if they have questions about how it affects them.
How Do You
Qualify for SSI?
SSI is a
federal public benefits program that provides a modest monthly benefit to
qualifying recipients. It serves older adults across the United States who meet
strict income and resource limits. People with disabilities who have limited
income and resources also may qualify. In most states, to be eligible for SSI,
an individual must have less than $2,000 to their name.
SSI Rental
Assistance Explained
Income affects
more than whether an individual is eligible for SSI benefits. It also has an
impact on the SSI recipient’s benefit amount.
The SSA’s
definition of income includes not only “earned” income from a job and
“unearned” income such as gifted cash, but also what SSA calls “items received
in-kind,” including shelter given to an individual or that someone else pays
for.
A rental
subsidy can result in a lower SSI payment for current recipients. It may also
disqualify someone from receiving SSI because their income is too high.
However, SSI is
now changing how it calculates the rental subsidy amount. The new rule will
expand an exception that previously only applied in seven states but starting
in September 2024 will apply nationwide.
How Rental
Subsidy Is Calculated – The Current Rule
If an
individual pays a monthly required rent charge that equals or exceeds the
current market rental value (CMRV) in their area, a “business arrangement”
exists under SSA rules. This means that the SSA does not see the SSI applicant
or recipient as receiving rental assistance.
SSA regulations
consider a person to be receiving a rental subsidy — a type of unearned income
— if they are paying a monthly rent amount for a property that is less than the
CMRV where they live. This commonly occurs when somebody is living with a family
member who charges them less for rent than what they would pay on the open
market.
For example,
consider an SSI recipient who lives with their sibling, paying a monthly rental
rate of $400. If the CMRV in their area is $800, the amount of rental
assistance would be $400.
However, the
SSA imposes a regulatory cap, called a Presumed Maximum Value (PMV), on the
rental subsidy amount that can be assessed; that amount is $334.33 for 2024.
The SSA also has an unearned income exclusion of $20 per month.
Using the
example above, imagine a landlord accepting $400 per month instead of the CMRV
of $800. The amount that the SSA would count as rental assistance would be
$314.33 ($334.33 PMV minus the $20 general income exclusion amount.
Assuming a
maximum monthly SSI payment of $943 in 2024, and assuming there is no other
countable income, the recipient’s benefit amount would be reduced to $628.67
($943 minus $314.44).
Exception
Following court
cases that challenged the SSA’s rental subsidy rule, exceptions were provided
in seven states — Texas, Connecticut, New York, Vermont, Illinois, Indiana, and
Wisconsin.
In these
states, a “business arrangement” still exists. However, the rental subsidy does
not count as income if the monthly rental rate equals or exceeds the PMV,
instead of the CMRV.
Apply this
exception to the example above: An SSI recipient in Connecticut pays $400 per
month instead of the CMRV of $800 per month. They would not have their rental
subsidy count as income because the $400 payment is more than the $334.44 PMV
for 2024.
The SSA notes
that in the seven excepted states, application of the rental subsidy exception
generally results in a higher SSI payment amount.
New Rule
Applies SSI Rental Subsidy Exception Nationwide
The SSA
announced in April 2024 that the new rule would make the state-specific rental
subsidy exception national policy for SSI applicants and recipients.
According to the SSA, the policy change will increase the
benefit amount for some recipients and allow more people to qualify for SSI
payments. However, it will not affect how much SSA pays per month (a maximum of
$943 in 2024).
Even with this
exception, though, some applicants could see their monthly benefit amount
reduced; others may not qualify. The actual formula that the SSA uses is
complicated and includes the number of household members, as well as other
sources of income.
The rental
subsidy rule change is the latest SSA effort to remove barriers to accessing
SSI payments. Also in the fall of 2024, the agency will no longer use food an
applicant or recipient receives from friends, family, and community support
networks as part of its “in-kind support and maintenance” calculations. And in
April, SSA published a rule changing how it factors support from
other public assistance programs, such as SNAP, when determining beneficiary
payments.
More than 7
million individuals received
federal SSI benefits in January 2023, with payments averaging $654 per
month. During calendar year 2022, 172,000 individuals applied for SSI benefits
based on age, while 1.23 million applied based on blindness or disability.
Approximately 522,000 applicants received SSI benefits in 2022, a decrease of 1
percent compared to 2021.
Understanding
Social Security Benefits Can Be Difficult. Ashley Day Law Can Help.
While the new
SSI rule may be advantageous for many low-income, older Americans, terms like
“PMV,” “CMRV,” and “in-kind” support are not necessarily intuitive. They may
add to the confusion around an already long and challenging SSI benefits
process.
To make sure
the value of your rental subsidy is accurately determined, and that you receive
the SSI benefits you’re entitled to, get in touch with Ashley Day at 251-277-3377.
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