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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.
Dear Friends, In the dynamic tapestry of life, small businesses are the threads that weave communities together. As an elder law and estate planning attorney at Bellomo & Associates, Ive had the privilege of assisting individuals and families in preserving their legacies. Today, I want to address a group close to my heart small business owners. Small businesses arent just economic entities; they are the heartbeat of our communities. Your dedication, hard work, and entrepreneurial spirit contribute not only to your familys well-being but also to the vitality of the neighborhoods we call home. For many small business owners, the line between personal and professional life is beautifully blurred. Your legacy isnt just about the products or services you offer; its about the dreams youve nurtured and the impact youve had on those around you. As we embark on the journey of estate planning, its crucial to recognize the interwoven nature of business and family. One common oversight is neglecting the unique considerations that come with passing down a business. Whether youre a seasoned entrepreneur or just starting your venture, a well-crafted estate plan ensures the seamless transition of your business to the next generation, preserving not only its financial value but also the essence of your hard work and dedication. Succession planning is a vital aspect of estate planning for small business owners. Its about cultivating the seeds of your success and ensuring that the business youve built with passion continues to thrive. By thoughtfully designating successors and outlining a clear plan, you pave the way for a smooth transition, minimizing disruptions and securing the future of your enterprise. Your business is more than a source of income; its a foundation that supports your familys dreams and aspirations. Estate planning goes beyond business assets; it safeguards the well-being of your loved ones, providing a roadmap for their financial security and peace of mind. To my fellow small business owners, I extend an invitation to join us at our upcoming estate planning workshop. Its a space where we delve into the unique considerations of business-centric estate planning and connect with like-minded individuals facing similar challenges. Bring your questions, share your experiences, and lets work together to ensure your legacy is as resilient as your entrepreneurial spirit. Estate planning is not just a legal process; its a commitment to nurturing what matters most. I look forward to meeting you and exploring the important next steps in securing both your business and family legacies. To a future of continued success and lasting impact, Jeff Bellomo
Greetings, I trust this message finds you in good health and high spirits. In my years as an elder law and estate planning attorney here at Bellomo & Associates, Ive had the privilege of guiding families through the intricacies of planning for the future. Today, I want to share some insights on common estate planning mistakes, drawing from the experiences of those Ive had the honor of assisting. Its human nature to postpone tasks, especially those that involve contemplating the future. However, delaying your estate planning can have significant consequences. Whether youre an income-generating couple, a seasoned individual considering nursing home care, or a young family with dreams to protect, procrastination can rob you of the peace of mind that comes with a well-thought-out plan. No two families are the same, and neither should their estate plans be. Cookie-cutter approaches often neglect the nuances that make your situation unique. As your trusted advisor, I emphasize the importance of personalized solutions. Your plan should reflect your values, aspirations, and the legacy you wish to leave behind. Life is dynamic, and so are your circumstances. Marriage, births, career shifts, and even unexpected health challenges can reshape your priorities. Failing to update your estate plan accordingly can lead to unintended consequences. Regular reviews ensure that your plan remains a true reflection of your current life stage and desires. Discussing end-of-life matters can be uncomfortable, but its a crucial step in ensuring your wishes are understood and respected. Communicating openly with your loved ones about your estate plan can prevent misunderstandings and provide clarity during challenging times. In the age of online resources, its tempting to try a do-it-yourself approach to estate planning. However, the potential pitfalls of DIY plans can far outweigh the perceived cost savings. Professional guidance ensures that your plan complies with legal requirements and considers intricate details that may be overlooked. To those of you who resonate with these considerations, I extend an invitation to join us at our next estate planning workshop. Its not just an opportunity to learn about common mistakes but also a chance to connect with others who share similar concerns. Bring your questions, share your stories, and lets navigate the path to a secure future together. Remember, estate planning is not just a legal process; its a journey toward safeguarding what matters most to you. I look forward to meeting you and exploring the important next steps in creating a plan that reflects your unique legacy. To a future of informed decisions and lasting legacies, Jeff BellomoWe offer FREE WORKSHOPS every week! Click here to register!
Im Jeff Bellomo, an elder law and estate planning attorney at Bellomo & Associates in York and Lancaster, PA. Today, were going to embark on a journey together, one that demystifies the process of probate. Its a topic that touches the lives of many. Lets delve into Understanding Probate: A Step-by-Step Guide. The Path Begins with a LossProbate is often viewed as a complex legal process. But its crucial to remember that its not just about legalese and paperwork. Its a path that often begins with the loss of a loved one, a time when emotions run deep, and the need for support is essential. When someone passes away, the first step is to open an estate. This is done by filing a petition with the appropriate court, and this court will oversee the administration of the estate. During this time, the court will appoint an executor or personal representative, who plays a critical role in managing the deceased persons affairs. Inventory and Appraisal: Preserving Your LegacyThe next step is inventory and appraisal, a process of cataloging and valuing the assets within the estate. This may include real estate, financial assets, personal property, and more. Its not just about numbers on a page; its about preserving your loved ones legacy. Heres where it gets a bit emotional. Memories are often tightly connected to these assets. It can be challenging to go through this step, but its essential for ensuring a fair distribution of the estate and honoring your loved ones wishes. Notification and Payment of DebtsOne of the next steps involves notifying creditors of the deceased persons passing and paying off debts. This part can feel like navigating uncharted waters, especially when emotions are still raw. Its essential to ensure that all debts are resolved before the remaining assets are distributed to heirs. The Final Stage: Distribution to HeirsThe final step is the distribution of the remaining assets to heirs or beneficiaries. This is where the fruits of your loved ones lifes work are passed on to the next generation. Its a time to honor their memory and to provide for the financial well-being of those left behind. The Heart of ProbateProbate, though often seen as a legal process, is, at its core, a journey of the heart. Its about closure, healing, and ensuring that your loved ones wishes are carried out. Here at Bellomo & Associates, we understand that the emotional aspect of probate can be overwhelming, especially when coupled with the legal intricacies. Thats why were here to guide you through every step of the way, providing the support and expertise needed to navigate this journey with confidence. Join Us at Our Estate Planning WorkshopIf youd like to learn more about probate and other critical aspects of estate planning, I invite you to join us at our next estate planning workshop. Its a place where you can connect with other like-minded individuals and ask questions. Its about taking those important next steps in creating a comprehensive estate plan. Remember, youre not alone on this path. Were here to support you, connect with your emotions, and guide you toward securing your familys future.
Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.
SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them. If one of your loved ones is living with a disability, you make sure that all their needs are met daily. But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.
Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.