67148 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

you can now do. If you cannot use your 

skills in other skilled or semi-skilled 

work, we will consider your work 

background the same as unskilled. 

However, even if you have no work 

experience, we may consider that you 

are able to do unskilled work because it 

requires little or no judgment and can be 

learned in a short period of time. 

(b) Information about your work. 

Under certain circumstances, we will 

ask you about the work you have done 

in the past. If you cannot give us all of 

the information we need, we may try, 

with your permission, to get it from 

your employer or other person who 

knows about your work, such as a 

member of your family or a co-worker. 

When we need to consider your work 

experience to decide whether you are 

able to do work that is different from 

what you have done in the past, we will 

ask you to tell us about all of the jobs 

you have had in the last five years. You 

must tell us the dates you worked, all 

of the duties you did, and any tools, 

machinery, and equipment you used. 

We will need to know about the amount 

of walking, standing, sitting, lifting and 

carrying you did during the workday, as 

well as any other physical or mental 

duties of your job. If all of your work in 

the past five years has been arduous and 

unskilled, and you have very little 

education, we will ask you to tell us 

about all of your work from the time you 

first began working. This information 

could help you to get disability benefits. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart I—Determining Disability and 

Blindness 

■ 4. The authority citation for subpart I 

of part 416 continues to read as follows: 

Authority: Secs. 221(m), 702(a)(5), 1611, 

1614, 1619, 1631(a), (c), (d)(1), and (p), and 

1633 of the Social Security Act (42 U.S.C. 

421(m), 902(a)(5), 1382, 1382c, 1382h, 

1383(a), (c), (d)(1), and (p), and 1383b); secs. 

4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98– 

460, 98 Stat. 1794, 1801, 1802, and 1808 (42 

U.S.C. 421 note, 423 note, and 1382h note). 

■ 5. Amend § 416.960 by revising 

paragraph (b)(1) to read as follows: 

§ 416.960 When we will consider your 

vocational background. 

* * * * * 

(b) * * * 

(1) Definition of past relevant work. 

Past relevant work is work that you have 

done within the past five years that was 

substantial gainful activity and that 

lasted long enough for you to learn to 

do it. (See § 416.965(a)). 

* * * * * 

■ 6. Revise § 416.965 to read as follows: 

§ 416.965 Your work experience as a 

vocational factor. 

(a) General. Work experience means 

skills and abilities you have acquired 

through work you have done which 

show the type of work you may be 

expected to do. Work you have already 

been able to do shows the kind of work 

that you may be expected to do. We 

consider that your work experience 

applies when it was done within the last 

five years, lasted long enough for you to 

learn to do it, and was substantial 

gainful activity. We do not usually 

consider that work you did more than 

five years before the time we are 

deciding whether you are disabled 

applies. A gradual change occurs in 

most jobs so that after five years it is no 

longer realistic to expect that skills and 

abilities acquired in a job done then 

continue to apply. The five-year guide is 

intended to ensure that remote work 

experience is not currently applied. If 

you have no work experience or worked 

only ‘‘off-and-on’’ or for brief periods of 

time during the five-year period, we 

generally consider that these do not 

apply. If you have acquired skills 

through your past work, we consider 

you to have these work skills unless you 

cannot use them in other skilled or 

semi-skilled work that you can now do. 

If you cannot use your skills in other 

skilled or semi-skilled work, we will 

consider your work background the 

same as unskilled. However, even if you 

have no work experience, we may 

consider that you are able to do 

unskilled work because it requires little 

or no judgment and can be learned in a 

short period of time. 

(b) Information about your work. 

Under certain circumstances, we will 

ask you about the work you have done 

in the past. If you cannot give us all of 

the information we need, we may try, 

with your permission, to get it from 

your employer or other person who 

knows about your work, such as a 

member of your family or a co-worker. 

When we need to consider your work 

experience to decide whether you are 

able to do work that is different from 

what you have done in the past, we will 

ask you to tell us about all of the jobs 

you have had in the last five years. You 

must tell us the dates you worked, all 

of the duties you did, and any tools, 

machinery, and equipment you used. 

We will need to know about the amount 

of walking, standing, sitting, lifting and 

carrying you did during the workday, as 

well as any other physical or mental 

duties of your job. If all of your work in 

the past five years has been arduous and 

unskilled, and you have very little 

education, we will ask you to tell us 

about all of your work from the time you 

first began working. This information 

could help you to get disability benefits. 

[FR Doc. 2023–21557 Filed 9–28–23; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2023–0015] 

RIN 0960–AI81 

Expand the Definition of a Public 

Assistance Household 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to expand the 

definition of a public assistance (PA) 

household for purposes of our programs, 

particularly the Supplemental Security 

Income (SSI) program, to include the 

Supplemental Nutrition Assistance 

Program (SNAP) as an additional 

means-tested public income 

maintenance (PIM) program. In 

addition, we seek public comment on 

expanding the definition to include 

households in which any other (as 

opposed to every other) member 

receives public assistance. We expect 

that the proposed rule would decrease 

the number of SSI applicants and 

recipients charged with in-kind support 

and maintenance (ISM). In addition, we 

expect that this proposal would 

decrease the amount of income we 

would deem to SSI applicants or 

recipients because we would no longer 

deem income from ineligible spouses 

and parents who receive SNAP benefits 

and live in the same household. These 

policy changes would reduce 

administrative burden for low-income 

households and SSA. 

DATES: To ensure that your comments 

are considered, we must receive them 

no later than November 28, 2023. 

ADDRESSES: You may submit comments 

by any one of three methods—internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2023–0015 so that we may 

associate your comments with the 

correct regulation. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67149 

1See 42 U.S.C. 1382 and 20 CFR 416.202 for a 

list of the eligibility requirements. See also 20 CFR 

416.420 for general information on how we 

compute the amount of the monthly payment by 

reducing the benefit rate by the amount of 

countable income as calculated under the rules in 

subpart K of 20 CFR part 416. 

2 20 CFR 416.1201(a). 

3 20 CFR 416.1102. See also 20 CFR 416.1103 for 

examples of items that are not considered income. 

4See 20 CFR 416.405 through 416.415. Some 

States supplement the FBR amount. 

5 87 FR 64296, 64298 (2022). A table of the 

monthly maximum Federal SSI payment amounts 

for an eligible individual, and for an eligible 

individual with an eligible spouse, is available at 

https://www.ssa.gov/oact/cola/SSIamts.html. When 

the FBR is adjusted for the cost of living, the 

amount of the potential ISM reduction adjusts 

accordingly. 

6See 42 U.S.C. 1382a; 20 CFR 416.1102 through 

416.1124. 

7See 20 CFR 416.1104. 

8See 20 CFR 416.1130(b). We recently published 

a proposed rule to remove food from the calculation 

of ISM. See 88 FR 9779, Omitting Food From InKind Support and Maintenance Calculations, 

published February 15, 2023. 

9See 42 U.S.C. 1382a(a)(2)(A). According to 

Balkus, Sears, Wilschke, and Wixon, ‘‘[t]he law 

creating the SSI program included the one-third 

reduction provision so that SSA would not have to 

determine the actual value of room and board when 

a recipient lived with a friend or relative.’’ Balkus, 

Richard; Sears, James; Wilschke, Susan; and Wixon, 

Bernard, Simplifying the Supplemental Security 

Income Program: Options for Eliminating the 

Counting of In-kind Support and Maintenance, 

Social Security Bulletin, vol. 68, no. 4, 2008, 

available at: www.ssa.gov/policy/docs/ssb/v68n4/ 

v68n4p15.html. 

10See 20 CFR 416.1133. As a general principle, 

if SSI recipients do not contribute their pro-rata 

share of household operating expenses, but they do 

contribute an amount within $20 of their pro rata 

share of household operating expenses, we treat the 

situation as if the recipients pay their pro rata share, 

and do not reduce benefits because of ISM. See 

POMS SI 00835.160. 

11See 20 CFR 416.1148. 

12See 20 CFR 416.1130 through 416.1148. 

13See 42 U.S.C. 1382c(f); 20 CFR 416.1160. 

14See 20 CFR 416.1160. 

15See 20 CFR 416.1160, 416.1161. 

16See 20 CFR 416.1165. 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

internet. Please visit the Federal 

eRulemaking portal at https://

www.regulations.gov. Use the ‘‘Search’’ 

function to find docket number SSA– 

2023–0015. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to one week 

for your comment to be viewable. 

2. Fax: Fax comments to 1–833–410– 

1631. 

3. Mail: Address your comments to 

the: Office of Legislation and 

Congressional Affairs, Regulations and 

Reports Clearance Staff, Mail Stop 3253 

Altmeyer, 6401 Security Blvd., 

Baltimore, MD 21235. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at https://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Tamara Levingston, Office of Income 

Security Programs, 6401 Security Blvd., 

Robert M. Ball Building, Suite 2512B, 

Woodlawn, MD 21235, 410–966–7384. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213, or TTY 1– 

800–325–0778, or visit our internet site, 

Social Security Online, at https://

www.ssa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

We administer the SSI program, 

which provides monthly payments to: 

(1) adults and children with a disability 

or blindness; and (2) people aged 65 and 

older. Eligible individuals must meet all 

the requirements in the Social Security 

Act (Act), including having resources 

and income below specified amounts.1

Generally, the more income an 

individual has, the less their SSI 

payment will be. Under the SSI 

program, resources are cash or other 

liquid assets or any real or personal 

property that an individual (or spouse, 

if any) owns and could convert to cash 

to be used for their support and 

maintenance.2 Income, on the other 

hand, is anything the SSI applicant or 

recipient receives in cash or in-kind that 

can be used to meet food and shelter 

needs.3 Applicants’ and recipients’ 

resources may affect their SSI eligibility, 

while their income may affect both their 

SSI eligibility and payment amounts. 

Once an applicant is found eligible for 

SSI, their monthly payment is 

determined by subtracting countable 

monthly income from the Federal 

benefit rate (FBR), which is the monthly 

maximum Federal SSI payment.4 The 

FBR for 2023 is $914 for an individual 

and $1,371 for an eligible individual 

with an eligible spouse.5 The Act and 

our regulations 6 define income as 

‘‘earned,’’ such as wages from work, and 

‘‘unearned,’’ such as gifted cash or 

ISM.7

ISM 

As indicated above, income that 

affects an individual’s monthly SSI 

payment can be provided in cash or inkind. Under our current regulations, 

ISM means any food or shelter that is 

given to an individual or that the 

individual receives because someone 

else pays for it.8 For example, if an 

applicant or recipient lives with their 

sibling and does not pay rent, we would 

consider the shelter that their sibling 

provides to be ISM. Similarly, if an 

applicant or recipient lives with a friend 

and consumes the food in their friend’s 

home but does not contribute toward 

the food or shelter, we consider both the 

food and shelter that the friend provides 

to be ISM. As another example, if an 

applicant or recipient lives alone and 

their parents bring them groceries each 

month and pay their utility bills, we 

consider their parents’ help to be ISM. 

Like other forms of income, ISM can 

reduce the amount of a recipient’s 

monthly SSI payment. For example, we 

reduce the SSI monthly payment by 

one-third of the FBR for an individual 

(and eligible spouse) living in the 

household of another person who 

provides the individual (and eligible 

spouse) with both food and shelter.9 We 

discuss the specific means of doing so 

below in the ‘‘Current Policy’’ section. 

Because ISM requires that applicants 

or recipients receive food, shelter, or 

both, by definition, ISM does not apply 

if applicants or recipients live alone and 

pay for their own food and shelter, or 

if they live with other people and pay 

their pro rata share of the food and 

shelter expenses for the household.10

Further, ISM does not apply when 

applicants or recipients live only with 

their spouses and any minor children, 

and nobody outside the household pays 

for their food and shelter, regardless of 

whether the spouse or minor child 

provides food or shelter.11 Additional 

circumstances regarding ISM are 

discussed further in our regulations.12

Deeming Income 

In addition to counting ISM that an 

applicant or recipient receives, the SSI 

program deems income of certain 

individuals to the SSI applicant or 

recipient.13 ‘‘Deeming’’ is the process of 

considering a portion of another 

person’s income to be the income of an 

SSI applicant or recipient.14 When our 

deeming rules apply, it does not matter 

whether the other person’s income is 

actually available to the applicant or 

recipient.15 In determining an SSI 

applicant’s or recipient’s eligibility and 

payment amount, we consider both the 

SSI applicant’s or recipient’s own 

income as well as any relevant deemed 

income from others. For example, when 

a child who is applying for or receiving 

SSI lives with a parent who is ineligible 

for SSI, we deem a portion of that 

parent’s income to the child through the 

month in which the child reaches age 

18.16 Likewise, when an adult who is 


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67150 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

17See 20 CFR 416.1163. 

18See 20 CFR 416.1142(a). 

19See 20 CFR 416.1161(a)(2) and (3). 

20 20 CFR 416.1142(a). 

21By contrast, ‘‘outside ISM’’ is assistance 

received from other individuals living outside of 

the household. 

22For more information on SNAP, visit https://

www.fns.usda.gov/snap/supplemental-nutritionassistance-program. 

23For example, See POMS GN 02250.110. 

24For more information on Medicaid, visit 

https://www.medicaid.gov/. 

25For more information on LIHEAP, visit https:// 

www.acf.hhs.gov/ocs/low-income-home-energyassistance-program-liheap. 

26For more information on WIC, visit https://

www.fns.usda.gov/wic. 

27For more information on the Housing Choice 

Voucher Program, visit https://www.hud.gov/hcv. 

28For more information on Public Housing, visit 

https://www.hud.gov/program_offices/public_

indian_housing/programs/ph. 

29See ‘‘How do I receive SNAP benefits?’’ 

available at https://www.fns.usda.gov/snap/ 

recipient/eligibility. 

30See ‘‘Who is in a SNAP household?’’ and 

‘‘What are the SNAP income limits?’’ available at: 

https://www.fns.usda.gov/snap/recipient/eligibility. 

applying for or receiving SSI lives with 

a spouse who is ineligible for SSI, we 

deem a portion of the spouse’s income 

to the applicant or recipient.17 We look 

at the deemor’s income to see if we must 

deem a portion of it to the applicant or 

recipient, because we expect the deemor 

to use some of their income to take care 

of (some of) the applicant or recipient’s 

needs. Ultimately, only some of the 

deemor’s income is assigned to the SSI 

applicant or recipient. 

Some income from ineligible parents 

and spouses is not deemed to the SSI 

applicant or recipient. For example, our 

current policy excludes from deeming: 

the amount of any public incomemaintenance (PIM) payments the 

ineligible parents and spouses receive 

under the programs listed in the PA 

household definition,18 any income that 

those programs counted or excluded in 

determining the amount of the PIM 

payments they received, and any 

income of the ineligible spouse or 

parent that is used by a PIM program to 

determine the amount of that program’s 

benefit to someone else.19 For example, 

if an ineligible spouse or parent receives 

Temporary Aid for Needy Families 

(TANF) assistance based on their 

income of $400 per month, we do not 

consider the TANF benefit amount or 

the $400 in our income determination 

for the SSI applicant or recipient. 

Current Policy 

We define a PA household as one in 

which every member of the household 

receives a PIM payment under at least 

one of the following: 

1. Title IV–A of the Social Security 

Act (Temporary Assistance for Needy 

Families or TANF); 

2. Title XVI of the Social Security Act 

(Supplemental Security Income or SSI); 

3. The Refugee Act of 1980 (payments 

based on need); 

4. The Disaster Relief and Emergency 

Assistance Act; 

5. General assistance programs of the 

Bureau of Indian Affairs; 

6. State or local government 

assistance programs based on need (tax 

credits or refunds are not assistance 

based on need); and 

7. Department of Veterans Affairs 

program (payments based on need).20

If an SSI applicant or recipient lives 

in a PA household, we do not consider 

them to be receiving ISM from other 

people within the household (i.e., 

‘‘inside ISM’’).21 This policy is based on 

the idea that if the other individuals in 

the household are receiving a PIM 

payment, they need their income (and 

resources) for their own needs and 

therefore cannot support the SSI 

applicant or recipient. Thus, we do not 

develop information to determine the 

amount of inside ISM if an SSI 

applicant or recipient is found to be 

living in a PA household. 

As discussed in the ‘‘Deeming 

Income’’ section above, under our 

regulations, we do not deem to an SSI 

applicant or recipient the value of PIM 

payments received by an ineligible 

parent or spouse, the income used by 

the PIM program to calculate that 

program’s payment, or any income of 

the ineligible spouse or parent that is 

used by a PIM program to determine the 

amount of that program’s benefit to 

someone else. This is also based on the 

premise that the income used to 

demonstrate eligibility for a PIM 

program and the PIM payment itself, is 

required for the PIM-receiving 

individual’s own needs. 

Proposed Policy 

We propose two changes and seek 

public comment on a third potential 

change. First, we propose to make a 

minor clarification to our definition of 

a PA household at 20 CFR 416.1142(a). 

The term ‘‘public assistance’’ may have 

implications outside our programs. 

Accordingly, we propose to clarify that 

our definition of ‘‘public assistance 

household,’’ which we use as a term of 

art, applies only for purposes of our 

programs. Second, we propose to revise 

our definition of a PA household in 20 

CFR 416.1142(a) by adding SNAP 22 to 

the existing list of qualifying PIM 

programs to better reflect the current 

landscape of means-tested public 

benefits and streamline claims 

processing for more people who live in 

households in which members need 

their income (and resources) for their 

own needs. This includes updating the 

relevant sections within our Program 

Operations Manual System to reflect the 

updated regulations.23

We propose these changes based on 

the Commissioner of Social Security’s 

rulemaking authority specified in 

sections 205(a), 702(a)(5), 1631(d)(1), 

and 1633(a) of the Social Security Act. 

Under those sections, the Commissioner 

may adopt rules regarding the nature 

and extent of evidence needed to 

establish benefit eligibility, as well as 

methods of taking and furnishing such 

evidence. 

During the development of this Notice 

of Proposed Rulemaking (NPRM), we 

considered other means-tested 

programs, including Medicaid,24 the 

Low Income Home Energy Assistance 

Program (LIHEAP),25 the Special 

Supplemental Nutrition Program for 

Women, Infants, and Children (WIC),26

the Housing Choice Voucher Program,27

Project Based Rental Assistance, and 

Public Housing,28 which we discuss in 

the ‘‘Rationale for the Proposed Policy’’ 

section below. Because this is our first 

proposed expansion of the definition of 

a PA household since 1980, when the 

policy was first established, we propose 

including one program and will 

continue to explore additional 

programs. In addition, given our 

proposed change to the existing list of 

qualifying PIM programs, we are seeking 

public comment on a third potential 

change that could further reduce burden 

on SSI recipients, members of their 

households, and SSA—specifically, 

considering an SSI applicant or 

recipient to be residing in a PA 

household if any other (as opposed to 

every) additional household member 

receives public assistance. 

SNAP provides nutrition benefits via 

an Electronic Benefit Transfer (EBT) 

card, which can be used to buy groceries 

at authorized food stores and retailers.29

Everyone who lives together and 

purchases and prepares meals together 

is grouped together as one SNAP 

household; and, in most cases, the 

household must meet both gross and net 

income limits, which vary with 

household size, for the household to be 

eligible for and receive SNAP benefits.30

If everyone in the SNAP household is 

receiving TANF or SSI, the household 

may be deemed ‘‘categorically eligible’’ 

for SNAP because they have already 

been determined eligible for another 


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31See ‘‘What are the SNAP income limits?’’ 

available at: https://www.fns.usda.gov/snap/ 

recipient/eligibility. 

32See 20 CFR 416.1102. 

33 7 U.S.C. 2017(b); see also 20 CFR 416, Subpart 

K, Appendix (I)(a). 

34See 20 CFR 416.204(b). 

35The redetermination covers a limited period. 

Please see Program Operations Manual (POMS) SI 

02305.034(B). 

36To be eligible for SSI, individuals must 

demonstrate that they do not exceed established 

income or resource amounts (see: https://

www.ssa.gov/ssi/eligibility for current amounts). See 

https://www.ssa.gov/ssi/spotlights/spot-resources. 

37Messel and Trenkamp. 2022. ‘‘Characteristics 

of Noninstitutional DI, SSI, and OASI Program 

Participants 2016 Update.’’ Research and Statistics 

Note No. 2022–01. Washington, DC: SSA. Available 

at: https://www.ssa.gov/policy/docs/rsnotes/ 

rsn2022-01.html. We note that the authors of the 

study indicate that the percent of SSI recipients 

with family income below 100% of the poverty 

level is higher for those 65 and older (60.1%) but 

it is lower for those under 18 (37.4%). The authors 

also note that the CPS ASEC consistently 

understates the retirement income of aged 

individuals, which one should be aware of when 

considering the percentage of older SSI recipients 

in poverty. 

38See https://fns-prod.azureedge.us/snap/shorthistory-snap. 

39See https://www.govinfo.gov/content/pkg/GPOCPRT-105WPRT37945/html/GPO-CPRT105WPRT37945-2-7.htm. 

40See TANF: Total Number of Recipients at 

https://www.acf.hhs.gov/sites/default/files/ 

documents/ofa/fy2022_tanf_caseload.pdf. 

41 Veterans Affairs (VA). 1980. 1980 Annual 

Report. https://www.va.gov/vetdata/docs/ 

FY1980.pdf. 

42 Veteran Benefits Administration. 2022. 

‘‘Annual Benefits Report: Fiscal Year 2022.’’ 

Available at https://www.benefits.va.gov/REPORTS/ 

abr/docs/2022-abr.pdf. 

43The decline in veterans’ pensions based on 

need corresponds in part with the 38 percent 

decrease in the number of veterans in the United 

States over this period, from 30,118,000 in 1980 to 

18,592,457 in 2022. 

44See https://www.ssa.gov/OACT/ssir/SSI23/ 

ssi2023.pdf. 

45Congressional Budget Office. 1988. ‘‘The Food 

Stamp Program: Eligibility and Participation.’’ 

Available at https://www.cbo.gov/sites/default/files/ 

100th-congress-1987-1988/reports/88-cbo-0010.pdf. 

46U.S. Department of Agriculture Food and 

Nutrition Service (USDA FNS). 2022. Supplemental 

Nutrition Assistance Program Participation and 

Costs. https://fns-prod.azureedge.us/sites/default/ 

files/resource-files/SNAPsummary-5.pdf. 

47See https://www.ers.usda.gov/webdocs/ 

publications/46648/15834_fanrr27c_1_.pdf). 

48See https://www.ers.usda.gov/topics/foodnutrition-assistance/wic-program/#:∼:text=WIC%20

served%20about%206.3%

20million,infants%20in%20the%20United%20

States. 

49See https://socialwelfare.library.vcu.edu/ 

public-welfare/medicaid-program/ 

#:∼:text=Nationally%2C%20for%201980

%2C%2021.6%20million,over%2065%20years%

20of%20age. 

50As of December 2022, available at: https://

data.medicaid.gov/dataset/6165f45b-ca93-5bb5-

9d06-db29c692a360/data. 

51See https://crsreports.congress.gov/product/ 

pdf/RL/RL34591. 

52This includes 5.2 million people living in 

federally subsidized units and 1.6 million people 

living in public assistance housing in 2022. See 

https://www.huduser.gov/portal/datasets/ 

assthsg.html. 

means-tested program.31 SNAP benefits 

meet the definition of income in our 

regulations.32 However, SNAP benefits 

are excluded from our income counting 

based on Federal statute.33 Because our 

current policy links the types of PIM 

payments listed in 20 CFR 416.1142(a) 

with the income of ineligible spouses 

and parents that is excluded from 

deeming under 20 CFR 416.1161(a)(2)– 

(3), adding SNAP to the list of PIM 

payments will decrease the amount of 

income that is deemed to SSI applicants 

and recipients. If an SSI-ineligible 

spouse or parent is receiving SNAP 

benefits, any income that was counted 

or excluded in figuring the amount of 

the SNAP benefits would not be deemed 

to the SSI applicant or recipient. In 

addition, any income of the ineligible 

spouse or parent that is used to 

determine the amount of SNAP benefits 

to someone else would not be deemed 

to the SSI applicant or recipient. 

After the rule goes into effect, we will 

calculate inside ISM for all new 

applications and redeterminations based 

on the new policy. We will work 

internally to determine the best way of 

contacting existing SSI recipients 

affected by this change. However, we 

redetermine recipients eligibility at 

periodic intervals,34 at which time their 

benefits will be revised 35 to reflect the 

new policy. In addition, we are 

exploring whether we may be able to 

proactively identify within our systems 

SSI recipients who would be affected by 

this change so that we can prioritize 

these cases for recalculation of payment 

amount. 

Rationale for the Proposed Policy 

SSI provides a vital safety net for 

vulnerable individuals. By definition, 

SSI recipients have little income and 

limited resources,36 and a majority 

(approximately 52%) live in poverty 

(even when including SSI payments).37

The PA household provision assumes 

that SSI applicants or recipients in PA 

households are not receiving ISM from 

other household members because other 

household members presumably need 

their income and resources for their 

own needs, and as such, SSI applicants 

or recipients should not be charged ISM. 

When we established this policy in 

1980, we noted that the set of programs 

we determined to be for public incomemaintenance reflected ‘‘the fact that 

other agencies have determined that 

these individuals need all their income 

for their own needs.’’ At the time this 

rule was finalized, the programs 

included in our definition broadly 

reflected the major means-tested 

benefits programs. However, the current 

landscape of means-tested benefit 

programs that are intended to serve 

individuals who need all of their 

income for their own needs has 

changed. Below, we explain (a) the need 

to update our definition of PA 

households to reflect changes in public 

assistance programs and participation 

over time and (b) our proposed changes. 

Since the creation of the SSI program 

in 1972 and its inception in 1974, the 

landscape of means-tested public 

benefit programs has changed 

significantly. New public benefit 

programs were established (e.g., LIHEAP 

began in 1981), others were expanded 

(e.g., food stamps began as a pilot 

program in 1961 and began operating 

nationwide in 1974),38 and others 

became more limited (e.g., Aid to 

Families with Dependent Children 

[AFDC], a means-tested entitlement 

program available to all qualifying 

individuals, was replaced with TANF in 

1997, a block-grant assistance program 

that is not an entitlement). In addition 

to overall changes in the landscape of 

public assistance programs, there have 

been notable shifts in participation 

between programs. Among the list of 

programs included in our current 

definition of a public assistance 

household, participation has mostly 

decreased. For example, between 1980 

and 2022, there was an 82 percent 

decrease in AFDC/TANF recipients 

(from 10 million 39 to less than 2 

million 40) and an 81 percent decrease in 

Department of Veterans Affairs needbased pension recipients (from 

922,000 41 to 174,000 42).43

By contrast, over the same period, 

there was a 50 percent increase in SSI 

recipients (from less than 4 million to 

more than 7 million).44 Relatedly, there 

have been increases in other meanstested programs that are now more 

likely to provide public assistance to 

low-income individuals and households 

in the U.S. than our current list of 

public assistance household programs. 

For example, over this same period, 

there was a 100 percent increase in 

SNAP recipients (from 21 million 45 to 

42 million 46), a 70 percent increase in 

WIC recipients (from 2 million 47 to 6 

million 48), a 75 percent increase in 

Medicaid recipients (from 22 million 49

to 85 million 50), and a 65 percent 

increase in HUD housing assistance 

recipients (from 2 million 51 to 7 

million 52). The number of households 

receiving LIHEAP has fluctuated over 

time in response to energy crises and 

changes in appropriations; for example, 


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53See https://www.everycrsreport.com/files/ 

20180622_RL31865_85805bac2287a504f2

a4eb05e4637a3cd21eaa2e.pdf. 

54See https://liheappm.acf.hhs.gov/ 

datawarehouse/custom_

reports?years=2021√&grantees=AG&reportId=7. 

55Between the NPRM and final rule, we added 

need-based Veterans Affairs payments and 

broadened the listing covering assistance programs 

provided by State and local governments. In 1980, 

we also made technical changes clarifying that tax 

credits and refunds are not assistance provided by 

a state or local government and updating the list by 

replacing the Migration and Refugee Assistance Act 

of 1962 and the Indochina Migration and Refugee 

Assistance Act of 1975 with the Refugee Assistance 

Act of 1980. Since 1980, we made two other 

technical revisions to our PA household policy in 

20 CFR 416.1142. In 1992, we changed ‘‘Disaster 

Relief Act of 1974’’ to the ‘‘Disaster Relief and 

Emergency Assistance Act,’’ and ‘‘Veterans 

Administration’’ to the ‘‘Department of Veterans 

Affairs.’’ See 57 FR 53849 (Nov. 13, 1992). In 2005, 

we made a technical revision by changing ‘‘Aid to 

Families with Dependent Children’’ to ‘‘Temporary 

Assistance for Needy Families.’’ See 70 FR 41135 

(July 18, 2005). 

56Social Security Administration, Agency 

Strategic Plan: Fiscal Years 2022–2026, available at: 

https://www.ssa.gov/agency/asp/. 

57Cf. Notice of Proposed Rulemaking, Omitting 

Food From In-Kind Support and Maintenance 

Calculations. 88 FR 9779, published February 15, 

2023; Executive Order 12866 Combined Listening 

Session Notes (Fall 2022), available at: https://

www.regulations.gov/document/SSA-2021-0014- 

0003. 

58See Figure 3 in Moffitt. 2015. ‘‘The Deserving 

Poor, the Family, and the U.S. Welfare System, 

Demography. 2015 Jun; 52(3): 729–749. Available 

at: https://www.ncbi.nlm.nih.gov/pmc/articles/ 

PMC448770. 

59See https://www.cbpp.org/tanfs-reachdeclined-significantly-over-time-6. 

60See https://fns-prod.azureedge.us/snap/shorthistory-snap; 

See https://www.govinfo.gov/content/pkg/GPOCPRT-105WPRT37945/html/GPO-CPRT-105WPR

T37945-2-7.htm; 

See TANF: Total Number of Recipients at https:// 

www.acf.hhs.gov/sites/default/files/documents/ofa/ 

fy2022_tanf_caseload.pdf. 

61See https://www.fns.usda.gov/snap/estimatesprogram-participation-rates-2019. 

62SNAP income limits vary by household size, 

but in most cases, households must meet both the 

gross (130 percent of poverty) and net (100 percent 

of poverty) income limits. For example, for a family 

of three, the gross monthly income limit is $2,495 

and the net monthly income limit is $1,920. For 

more information see ‘‘What are the SNAP income 

limits?’’ at https://www.fns.usda.gov/snap/ 

recipient/eligibility. 

63The Congressional Declaration of Policy for the 

SNAP program notes, ‘‘Congress finds that the 

limited food purchasing power of low-income 

households contributes to hunger and malnutrition 

among members of such households,’’ suggesting 

that the purpose of SNAP is to support individuals 

and families who lack the necessary income to 

afford nutritional food. 7 U.S.C. 2011. 

64 Dept. of Health, Education, and Welfare— 

Social Security Administration. NPRM. 44 FR 6429, 

6435. (Feb. 1, 1979). 

65 45 FR 65541, 65542 (Oct. 3, 1980). 

66The study includes all respondents who selfreported that they received SSI payments in the 

March 2017 Annual Social and Economic 

Supplement (ASEC) of the Current Population 

Survey (CPS). 

67Messel and Trenkamp. 2022. ‘‘Characteristics 

of Noninstitutional DI, SSI, and OASI Program 

Participants 2016 Update.’’ Research and Statistics 

Note No. 2022–01. Washington, DC: SSA. Available 

at: https://www.ssa.gov/policy/docs/rsnotes/ 

rsn2022-01.html. 

68 Giefer. 2021. ‘‘A Profile of Supplemental 

Security Income Recipients: 2017.’’ U.S. Census 

Bureau. Available at https://www.census.gov/ 

content/dam/Census/library/publications/2021/ 

demo/p70br-171.pdf. This study includes all 

respondents who self-reported that they received 

SSI payments in the U.S. Census Bureau, 2018 

Survey of Program and Participation(SIPP) Public 

Use File. Each SIPP panel follows individuals for 

several years, providing monthly data that measure 

changes in household and family composition and 

economic circumstances over time. 

LIHEAP served 7.1 million households 

at the start of the program in 1981, 3.9 

million in 2000, 8.1 million in 2010,53

and 5.4 million in 2021.54 Despite these 

shifts in program availability and 

participation among low-income 

households, we have not updated our 

definition of a PA household since it 

was established in 1980, to better reflect 

these more widely-used public 

assistance programs.55 Revising the 

definition of PA households aligns with 

our Agency Strategic Plan (ASP) for 

Fiscal Years 2022–2026 goal to optimize 

the experience of our customers 56 and 

feedback we received from advocates to 

update and streamline SSI’s ISM rules.57

Adding SNAP to the List of PublicIncome Maintenance Programs 

We propose to expand the definition 

of PA households to include SNAP. We 

analyzed SNAP, Medicaid, WIC, HUD 

housing assistance, and LIHEAP and 

concluded that SNAP is a logical and 

meaningful first addition, as discussed 

below. 

First, adding SNAP (and considering 

other, more inherently in-kind benefits 

like Medicaid) reflects the shift in 

public participation for in-need 

individuals from using income supports 

that are purely cash assistance programs 

(such as those under our current 

regulations) toward voucher-based or inkind support programs. When the SSI 

program began, AFDC was one of the 

predominant means-tested programs,58

but since then, participation in TANF 

has declined, reducing the usefulness of 

TANF as a tool for identifying lowincome households. For example, the 

share of families with children in 

poverty who received AFDC/TANF 

decreased from 82% in 1979 to 21% in 

2020.59 Because there have not been 

adjustments to account for inflation or 

population changes, much of the 

decline in cash assistance caseloads 

under TANF resulted from a reduction 

in the share of eligible families receiving 

benefits, rather than a reduction in the 

number of families meeting States’ 

eligibility criteria.60

As needs-based programs have shifted 

from cash assistance benefits toward 

voucher or in-kind payments that are 

not included in our current definition, 

we have a reduced ability to effectively 

identify the households we intended to 

serve under the original PA households 

regulation. Particularly considering the 

decline in participation in some PIM 

programs in our current PA household 

definition and relatively high SNAP 

participation rates, adding SNAP to the 

definition would help us better identify 

households in which members need 

their income (and resources) for their 

own needs. Indeed, the USDA estimates 

that 82 percent of eligible people 

received SNAP in 2019, including at 

least half of eligible families across 

States.61 SNAP recipients have been 

determined to be low-income 62 and, 

therefore, need their income (and 

resources) to take care of their own 

needs,63 which is consistent with our 

policy when we first established the 

definition of a PA household. In our 

1979 proposed rule to establish the PA 

household policy, we stated: ‘‘If you live 

in a household where every person is 

receiving some kind of public income 

maintenance payments, we assume that 

no one in the household is providing 

you with food, clothing, or shelter[.]’’ 64

The basis for this policy is ‘‘the fact that 

[we or] other agencies have determined 

that . . . individuals [who receive PA] 

need all their income for their own 

needs.’’ 65 While we are not proposing to 

include other means-tested programs 

like Medicaid, LIHEAP, or HUD public 

housing and voucher programs 

assistance benefits at this time we invite 

the public to share their thoughts on 

how these programs might align with 

our proposed new policy. Many SSI 

recipients live in households that rely 

on these contemporary public benefits 

programs. For example, an SSA study 

found that, in 2016, 52 percent of SSI 

recipients 66 live in households 

receiving food assistance through SNAP, 

23 percent live in households receiving 

housing assistance, and 17 percent live 

in households receiving energy 

assistance.67 Another study found that, 

in 2017, 80 percent of households with 

at least one SSI recipient included one 

or more household members who 

received Medicaid.68

Second, although we may consider 

adding other programs, SNAP eligibility 

and receipt has relatively low State 

variability, while still allowing us to 

identify most SSI beneficiaries who 

likely live in low-income households. 

SNAP is a nationwide program with 

relatively uniform eligibility standards. 

This will contribute to a more 


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69Specifically, while income limits to be eligible 

for SNAP vary by the size of the household and 

certain deductions from income are allowed, net 

monthly income limits are set at 100 percent of the 

poverty level and net income is gross income minus 

allowable deductions. SNAP has work 

requirements, but some groups may not be subject 

to these requirements, including children, seniors, 

pregnant women, and people who are exempt for 

physical or mental health reasons. If eligible, SNAP 

recipients receive a notice that states how long they 

will receive SNAP benefits, which is called the 

certification period. Households must reapply for 

SNAP periodically, typically every 6 to 12 months 

for most families and every 12 to 24 months for 

older adults and people with disabilities. 

70For further discussion of the benefits of 

reduced burdens and barriers related to developing 

ISM, see our proposed rule Omitting Food From InKind Support and Maintenance Calculations, 88 FR 

9779, February 15, 2023. 

71Social Security Advisory Board (SSAB). 2015. 

Social Security Advisory Board Statement on the 

Supplemental Security Income Program: The 

Complexity of In-Kind Support and Maintenance. 

https://www.ssab.gov/wp-content/uploads/2021/03/ 

2015_-SSI_In-Kind_SupportMaintenance.pdf. 

72 Id. 

73See Comment from Center on Budget and 

Policy Priorities, available at: https:// 

www.regulations.gov/comment/SSA-2021-0014- 

3898; 

Comment from Disability Law Center, available 

at: https://www.regulations.gov/comment/SSA2021-0014-4269; 

Comment from Coalition on Human Needs, 

available at: https://www.regulations.gov/comment/ 

SSA-2021-0014-4268; 

Comment from National Association of Disability 

Representatives, available at: https:// 

www.regulations.gov/comment/SSA-2021-0014- 

3851; and 

Comment from Center for Law and Social Policy 

(CLASP), available at: https://www.regulations.gov/ 

comment/SSA-2021-0014-4270. 

74Omitting Food From In-Kind Support and 

Maintenance Calculations, 88 FR 9779, February 15, 

2023. 

75White House. 2022. Biden-Harris 

Administration National Strategy on Hunger, 

Nutrition, and Health, available at: https://

www.whitehouse.gov/wp-content/uploads/2022/09/ 

White-House-National-Strategy-on-HungerNutrition-and-Health-FINAL.pdf. 

76 45 FR 65542. 

77https://www.acf.hhs.gov/sites/default/files/ 

documents/ofa/fy2021_characteristics.pdf. 

78See ‘‘Are non-citizens eligible for SNAP?’’ at 

https://www.fns.usda.gov/snap/recipient/eligibility. 

straightforward operational and systems 

rollout of the new policy, and greater 

consistency in recipients’ experiences 

across States.69

By contrast, programs with shorter or 

less predictable benefit periods might 

require more frequent development of 

individuals’ living arrangements, which 

could be burdensome for recipients and 

our staff. Similarly, as we strive for 

uniformity across the SSI program, we 

recognize that programs with 

enrollment caps, waiting lists, or 

variable eligibility criteria may lead to 

disparate treatment of similarly situated 

SSI recipients. We will continue to 

explore options to add other programs 

to our definition of PA households. 

Third, SNAP participation overlaps to 

a great extent with participation in other 

means-tested programs and thus by 

adding SNAP to the definition of PA 

households, we anticipate that we will 

also capture many of the individuals 

who receive benefits from other meanstested programs. For example, our 

Office of the Chief Actuary estimates, 

using the 2022 Annual Social and 

Economic Supplement (ASEC) to the 

Current Population Survey (CPS), that 

expanding our definition of a PA 

household to include SNAP would 

capture about 67 percent of SSI 

recipients who are also living in 

households currently participating in 

Medicaid, HUD public housing and 

voucher programs, or LIHEAP. 

Fourth, incorporating SNAP into the 

definition of PA households will reduce 

benefit reductions for low-income 

families. These changes will reduce 

administrative burdens for SSI 

applications and recipients, as well as 

for the agency, as these individuals will 

not have to provide household expenses 

information once they establish 

themselves as living in a PA 

household 70 (because living in a PA 

household means the applicant or 

recipient is considered not to receive 

any ISM from other household 

members). It would also lower 

administrative barriers for SSI 

applicants and recipients, while 

addressing the needs of our SSI 

population. The benefits of expanding 

access to SSI and reducing the 

complexity of the program have been 

highlighted by numerous organizations. 

In 2015, the Social Security Advisory 

Board commented on the complexity of 

ISM, noting that the research indicated 

that ISM ‘‘computations significantly 

complicate administration’’ of SSI and 

lead to payment errors.71 The Social 

Security Advisory Board recommended 

that we ‘‘find simpler ways to 

administer the SSI program.’’ 72 On a 

related note, advocacy organizations 73

had suggested including SNAP in the 

definition of PA households in response 

to our NPRM, Omitting Food From InKind Support and Maintenance 

Calculations,74 and expanding the 

definition to include SNAP is also 

consistent with the goals of the White 

House National Strategy on Hunger, 

Nutrition, and Health.75

This change to our definition of PA 

households is a logical and meaningful 

step towards ensuring that ISM and 

income deeming for those receiving 

means-tested benefits do not undermine 

the economic security of households 

who receive SNAP. Expanding the 

definition of a PA household will 

ensure our policies better represent the 

current landscape of means-tested 

programs in the United States and 

reduce administrative burdens. 

Potential Policy Change—Shifting From 

‘‘Every’’ to ‘‘Any’’ Member of the 

Household 

We seek public comment on a 

potential policy change to expand the 

definition of PA households to include 

households in which any other 

household member receives public 

assistance. In establishing the Public 

Assistance Household rule in 1980, we 

noted that our rule ‘‘relied on the fact 

that other agencies have determined that 

these individuals need all their income 

for their own needs.’’ 76 Because SNAP 

is a household-level benefit, a similar 

determination has already been made 

for all members of the household. Other 

PIM programs included in our current 

rule are similarly based on household 

eligibility criteria. With the proposed 

addition of SNAP, especially given its 

high rate of participation, it might be 

unnecessary to develop PIM 

participation for every member of the 

household. 

In addition, our current requirement 

that every member of the household be 

receiving a PIM payment might 

disadvantage individuals in low-income 

households with a household member 

who is not receiving a PIM payment for 

reasons unrelated to need. SNAP and 

TANF restrict certain individuals in the 

household from receiving benefits even 

if their income is used to determine the 

household’s eligibility. For example, 

adults who have exceeded eligibility 

time limits and certain non-citizens are 

not eligible to receive TANF.77 Another 

example is that some members of a 

household are not eligible to receive 

SNAP because of their immigration 

status.78 In these examples, although the 

SSI recipient lives in a household where 

the other members are receiving TANF 

or SNAP, we would not consider this a 

PA Household because not every 

member of the household is receiving a 

PIM payment. As a result, we may treat 

the SSI recipient as receiving inside ISM 

and would reduce their benefit by up to 

one-third of the FBR. 

In addition, within households with 

an SSI applicant or recipient and at least 

one other member receiving meanstested benefits, it may be reasonable to 

infer that in most cases, all members of 

the household are low income and need 

their income and resources to support 

their own needs. For instance: 


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79Messel and Trenkamp. 2022. ‘‘Characteristics 

of Noninstitutional DI, SSI, and OASI Program 

Participants 2016 Update.’’ Research and Statistics 

Note No. 2022–01. Washington, DC: SSA. Available 

at: https://www.ssa.gov/policy/docs/rsnotes/ 

rsn2022-01.html. 80See USDA FNS. 2022. Characteristics of U.S. 

Department of Agriculture’s Supplemental 

Nutrition Assistance Program Households: Fiscal 

Year 2020. Available at https://fns-prod.

azureedge.us/sites/default/files/resource-files/

Characteristics2020-Summary.pdf. 81Edelstein, Pergamit, and Ratcliffe. 2014. 

Characteristics of Families Receiving Multiple 

Public Benefits. The Urban Institute. Available at 

https://www.urban.org/sites/default/files/ 

publication/22366/413044-Characteristics-ofFamilies-Receiving-Multiple-Public-Benefits.PDF. 82Nicholas. 2013. Prevalence, Characteristics, 

and Poverty Status of Supplemental Security 

Income Multirecipients. Social Security Bulletin, 

Vol. 73, No. 3, Washington, DC: SSA. Available at 

https://www.ssa.gov/policy/docs/ssb/v73n3/ 

v73n3p11.html. 83We selected the 2019 (reference year 2018) 

SIPP survey because it had the largest sample size 

of pre- COVID 19 SIPP surveys. U.S. Census Bureau. 

2019. Survey of Income and Program Participation. 

Available at https://www.census.gov/library/ 

visualizations/interactive/social-safety-netbenefits.html. The most recent SIPP survey found 

that 61.2 percent (+/¥ 21.4%) of these same 

households had incomes less than 200 percent of 

the Federal Poverty Level. The 2021 SIPP is 

inclusive of COVID-era stimulus payments and 

other transfer programs that no longer exist. 

84U.S. Census Bureau. 2022. Who Is Receiving 

Social Safety Net Benefits? available at https://

www.census.gov/library/stories/2022/05/who-isreceiving-social-safety-net-benefits.html. 

• Seventy percent of SSI recipients 

live in households with family incomes 

below $30,000.79

• In FY 2020, 81 percent of SNAP 

households had gross monthly income 

less than or equal to the poverty line.80

• An analysis of families receiving 

multiple public benefits found that 

higher levels of benefit receipt is 

associated with lower income, earnings, 

and employment, and greater material 

hardship.81

• A 2013 study found that after 

accounting for SSI benefits, only 8 

percent of non-couple, multirecipient 

SSI households in which every member 

received SSI lived in poverty, whereas 

25 percent of non-couple, multirecipient 

SSI households where there is at least 

one member who does not receive SSI 

lived in poverty.82

• The 2019 Survey of Income and 

Program Participation finds that in 

households that receive both TANF and 

SSI, 85.7 percent (+/¥ 8.4%) have 

incomes less than 200 percent of the 

Federal Poverty Level, even after all 

transfers (that is, including the income 

the household receives from all sources 

of cash public assistance payments).83

• Lastly, related to the proposed 

policy to add SNAP to the PA 

household definition, among 

households receiving SSI in 2021, 64.7 

percent also qualified for and received 

SNAP.84

This potential change could further 

simplify the development of living 

arrangements and ISM, reduce SSA’s 

administrative costs and compliance 

costs during initial determinations and 

redeterminations for applicants and 

recipients living in PA households, and 

reduce ISM complexities that lead to 

payment errors. Removing the 

requirement that every other member is 

in receipt of a PIM payment could better 

ensure that we reach all qualified SSI 

beneficiaries based on their need, 

especially in cases where one individual 

in a household was categorically 

ineligible for a PIM payment for reasons 

unrelated to their potential need. 

Solicitation for Public Comment 

As discussed elsewhere in this NPRM, 

we are seeking public comment on this 

proposed rule. Questions that interested 

parties may wish to consider when 

evaluating this proposed rule: 

1. Should we expand the definition of 

PA households to include households in 

which any other household member (in 

addition to the SSI applicant or 

recipient) receives public assistance? As 

discussed above, generally SSI 

applicants and recipients live in lowincome households and may live in 

households where certain individuals 

are ineligible for PIM payments for 

reasons unrelated to need. Would this 

change to PA households ensure that 

our definition appropriately captures 

low-income households in which 

individuals need their income and 

resources to support their own needs? 

2. Are there additional aspects of the 

PA household definition that we could 

simplify under current statutory 

authorities? What would be the effects 

of doing so? 

3. Are there any other means-tested 

programs, such as Medicaid, that we 

should consider adding to the PA 

household definition? We encourage 

including any sources of support with 

these recommendations. If we expand 

our definition to include additional 

programs, what would be the 

implications for SSI recipients across 

States? To what extent will program 

variability across states and in terms of 

eligibility thresholds, income limits, 

enrollment caps, seasonality or time 

limits, frequency of recertification, and 

other factors affect SSI recipients? 

4. What factors should we consider 

when determining if additional 

programs should be added to the PA 

household definition? For example, 

factors could include the size of the 

program, overlap among means-tested 

programs, and eligibility requirements. 

5. Do you have additional information 

that relates to or otherwise informs our 

description of SSI applicant or recipient 

experiences under current PA 

household policies? 

6. Are there forms or other 

information collections that we have not 

noted that would or should require 

modification as a result of this proposed 

policy change? 

7. Are there other information 

collection improvements that could 

further reduce respondent burden, 

either under the current ISM policy or 

under the policy proposed in this rule? 

8. Is there additional data or research 

related to equity and the SSI population 

(or, more generally, low-income or 

disabled populations) that could also be 

used to inform any final rule? 

9. Do you have any additional 

justifications for, or arguments against, 

this proposed rule? 

10. Are there methods we could use 

to measure the time-savings associated 

for claimants or other members of the 

public with this proposed rule? Are 

there methods of the value of time we 

could use to measure the opportunity 

costs associated with our current or 

proposed policy? 

Rulemaking Analyses and Notices 

We will consider all comments we 

receive on or before the close of 

business on the comment closing date 

indicated above. The comments will be 

available for examination in the 

rulemaking docket for these rules at the 

above address. We will file comments 

received after the comment closing date 

in the docket and will consider those 

comments to the extent practicable. 

However, we will not respond 

specifically to untimely comments. We 

may publish a final rule at any time 

after close of the comment period. 

Clarity of These Proposed Rules 

Executive Order (E.O.) 12866, as 

supplemented by E.O. 13563 and E.O. 

14094, requires each agency to write all 

rules in plain language. In addition to 

your substantive comments on these 

proposed rules, we invite your 

comments on how to make them easier 

to understand. 

For example: 

• Would more, but shorter, sections 

be better? 

• Are the requirements in the rules 

clearly stated? 

• Have we organized the material to 

suit your needs? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rules easier to understand? 

• Do the rules contain technical 

language or jargon that is not clear? 

• Would a different format make the 

rules easier to understand, e.g., grouping 


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85Annual Statistical Supplement, 2022— 

Summary of SSI. Available at: https://www.ssa.gov/ 

policy/docs/statcomps/supplement/2022/7a.html. 

86Because SNAP households are expected to 

spend about 30 percent of their own resources on 

food, the maximum monthly allotment is calculated 

by multiplying a household’s net monthly income 

by 0.3 and subtracting the result from the maximum 

monthly allotment for the household size. See 

‘‘How much could I receive in SNAP benefits?’’ at 

https://www.fns.usda.gov/snap/recipient/eligibility. 

and order of sections, use of headings, 

paragraphing? 

When will we start to use this rule? 

We will not use this rule until we 

evaluate public comments and publish 

a final rule in the Federal Register. All 

final rules include an effective date. We 

will continue to use our current rules 

until that date. If we publish a final rule, 

we will include a summary of those 

relevant comments we received along 

with responses and an explanation of 

how we will apply the new rule. 

Regulatory Procedures 

E.O. 12866, as Supplemented by E.O. 

13563 and E.O. 14094 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this rule is significant 

under Section 3(f)(1) of E.O. 12866, as 

supplemented by E.O. 13563 and E.O. 

14094. Therefore, OMB reviewed it. 

Anticipated Transfers to Our Program 

Transfer Payments for Current Policy 

Proposal 

The primary anticipated impact of 

this rule is an increase in monetary 

transfers from the government to SSI 

recipients. Our Office of the Chief 

Actuary (OCACT) estimates that 

implementation of this proposed rule 

would result in a total increase in 

Federal SSI payments of $14.8 billion 

over fiscal years 2024 through 2033, 

assuming implementation of this rule on 

May 15, 2024. This represents an 

increase of approximately two percent 

in total Federal SSI payments in fiscal 

year 2033, when the effects of the rule 

would be fully realized. To estimate the 

impact, OCACT used the Annual and 

Social Economic Supplement (ASEC) to 

the Current Population Survey (CPS) 

and our administrative data. We expect 

that adding SNAP to the list will 

increase the number of PA households 

for which we do not charge inside ISM, 

which will increase Federal SSI 

payments for these beneficiaries. In 

addition, we expect that no longer 

deeming income from ineligible spouses 

and parents who receive SNAP will 

increase Federal SSI payments. 

According to our Office of Systems, 

Office of Benefit Information Systems, 

as of January 2023, there were 303,609 

SSI recipients living in a PA household 

according to the current definition, 

approximately four percent of our total 

7.7 million SSI recipients.85 We expect 

the share of SSI recipients living in a PA 

household, as defined under the 

proposed rule, to increase substantially 

when the new rule is implemented. 

Specifically, OCACT estimates that once 

this proposed rule is implemented and 

the effects have stabilized, in fiscal year 

2033 roughly 253,000 Federal SSI 

recipients (3 percent of all SSI 

recipients) will have an increase in 

monthly payments compared to current 

rules, and an additional 101,000 

individuals (1 percent increase) will 

receive Federal SSI payments who 

would not have been eligible under 

current rules. 

Additionally, as with the PIM 

payments in our regulations that 

interact with the SSI program rules, 

adding SNAP benefits to our PA 

household definition could result in a 

reduction of SNAP benefits. For 

example, if an ineligible spouse or 

parent were receiving SNAP, we would 

no longer deem their income to an SSI 

applicant or recipient. Not deeming 

income for SSI purposes could lead to 

an increase in the SSI payment, which 

could in turn cause the household to 

receive a SNAP reduction that is 30 

percent of the SSI increase, up to the 

point of ineligibility.86 The household’s 

ineligibility for SNAP could mean, in 

turn, that the SSI recipient is no longer 

part of a PA household for SSI purposes. 

Our understanding is that: an individual 

or household generally would prefer 

cash to SNAP benefits; an increase in 

SSI could not result in a decrease in 

SNAP benefits greater than the increase 

in SSI; and, in the main, the increase in 

SSI that may result from adding SNAP 

to our definition of a PA household will 

be favorable on net to individuals and 

households. However, we recognize that 

the interplay among various benefit 

types, as well as the relationships and 

financial interests of the SSI individual 

and other household members, can be 

complicated. We cannot necessarily 

predict how the proposed change could 

affect individuals participating in other 

programs within these households. 

Transfer Payments for Potential Future 

‘‘Every’’/‘‘Any Other’’ Change 

If we were to adopt the change to the 

PA Household definition from every 

member to any other member, in 

addition to adding SNAP to the list of 

PIM programs, our Office of the Chief 

Actuary (OCACT) estimates that 

implementation of this change would 

result in a total increase in Federal SSI 

payments relative to our current rules of 

$15.9 billion over fiscal years 2024 

through 2033, assuming implementation 

of this rule on May 15, 2024. This 

represents an increase in Federal SSI 

payments that is about 8 percent higher 

than the estimate for the current 

proposal. OCACT estimates that if this 

change were implemented, in fiscal year 

2033 roughly 278,000 Federal SSI 

recipients would have an increase in 

monthly payments compared to the 

current rules (10 percent increase 

compared to the current proposal) and 

an additional 113,000 individuals (13 

percent increase compared to the 

estimated number for the current 

proposal) would receive Federal SSI 

payments who would not have been 

eligible under current rules. 

Anticipated Net Administrative Cost to 

the Social Security Administration 

The Office of Budget, Finance, and 

Management estimates that this 

proposal will result in a total net 

administrative cost of $105 million for 

the 10-year period from FY 2024 to FY 

2033. This estimate includes costs to 

update our systems, to send notices to 

inform current recipients of the policy 

changes, to address inquiries from the 

notices, to verify receipt of SNAP 

benefits, and to perform additional posteligibility actions to account for changes 

in living arrangements. Under this 

proposed regulation, more individuals 

will be eligible for SSI benefits than 

under the current rule, resulting in 

additional costs to process additional 

claims, reconsiderations, appeals, 

redeterminations, and post-eligibility 

actions. The aforementioned costs are 

partially offset by processing time 

savings as field office employees will 

not have to spend time developing for 

household expenses/contributions, the 

income of deemors, or go through the 

inside ISM determination process 

during initial claims, pre-effectuation 

reviews, redeterminations, and posteligibility actions. 

Anticipated Qualitative Costs & Benefits 

We anticipate qualitative benefits 

from the proposed revision of adding 

SNAP to the PA household definition, 

thereby ensuring that ISM and income 

deeming do not undermine the 

economic security of households who 

receive nutrition assistance. 

Under our proposed policy, the list of 

programs would include SNAP. Once 

we identify that an SSI applicant or 

recipient lives in a PA household, they 

would not have to provide household 

expenses information. 


lotter on DSK11XQN23PROD with PROPOSALS1
67156 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 

Currently, the SSI applicant or 

recipient is responsible for answering 

questions about public assistance 

received so that we may determine if 

they reside in a PA household. Our 

current policy requires documentation 

on the PIM payments received. This will 

not change, but we will add SNAP to 

the list of programs that are considered 

for PA households. Like under our 

current policy, we will need to verify 

receipt of benefits from this program. 

Processing time at our processing 

centers may temporarily increase while 

we recalculate benefit amounts for 

current SSI recipients and process an 

influx of newly eligible SSI applicants. 

It is possible this proposed regulatory 

change may incentivize current SSI 

recipients to change living arrangements 

to co-locate with family or friends who 

are receiving SNAP. This may increase 

the need for additional development in 

these circumstances. This is similar to 

our current policy that requires SSI 

applicants and recipients to notify us of 

changes in their living arrangements. 

SSI applicants and recipients will need 

to ask ineligible spouses or parents 

whether their income was used to 

determine eligibility for or the amount 

of the SNAP benefits. If it was, we 

would exclude the income for deeming 

purposes in the SSI program. 

Executive Order 13132 (Federalism) 

We analyzed this proposed rule in 

accordance with the principles and 

criteria established by E.O. 13132 and 

determined that the proposed rule will 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism assessment. We also 

determined that this proposed rule will 

not preempt any State law or State 

regulation or affect the States’ abilities 

to discharge traditional State 

governmental functions. 

Regulatory Flexibility Act 

We certify that these proposed rules 

will not have a significant economic 

impact on a substantial number of small 

entities because they affect individuals 

only. Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

These rules do not create any new 

collections, or require revisions to 

existing collections, and, therefore, do 

not require Office of Management and 

Budget approval under the Paperwork 

Reduction Act. However, the 

application of the revisions to these 

rules may cause burden changes to the 

collection instruments for the following 

information collection requests: 0960– 

0174, the SSA–8006, Statement of 

Living Arrangements, In-Kind Support 

and Maintenance; 0960–0456, the SSA– 

8011, Statement of Household Expense 

and Contributions; and 0960–0529, the 

SSA–5062, Claimant Statement about 

Loan of Food or Shelter, and the SSA– 

L5063–F3, Statement about Food or 

Shelter Provided to Another. We 

anticipate a small burden reduction per 

response for the SSA–8006 (0960–0174) 

as respondents will not need to develop 

the responses about their household. In 

addition, we anticipate a 50% reduction 

in the number of respondents based on 

those who indicate they are part of a 

Public Assistance Household and who 

may not need to complete the follow-up 

forms SSA–5062, SSA–L5063, SSA– 

8006, and SSA–8011. 

The following chart shows the 

reduction in time burden information 

associated with the proposed rule: 

OMB #; form #; CFR citations Number of 

respondents 

Frequency 

of response 

Current 

average 

burden per 

response 

(minutes) 

Current 

estimated 

total 

burden 

(hours) 

Anticipated new number of 

respondents 

under 

regulation 

Anticipated new burden per 

response 

under 

regulation 

(minutes) 

Anticipated 

estimated 

total 

burden 

under 

regulation 

(hours) 

Estimated 

burden 

savings 

(hours) 

0960–0174 SSA–8006 (Paper Form) ................. 12,160 1 7 1,419 12,160 6 1,216 203 

0960–0174 SSA–8006 (SSI Claims System) ..... 109,436 1 7 12,768 109,436 6 10,944 1,824 

0960–0456 SSA–8011–F3 (Paper Form) ........... 21,000 1 15 5,250 10,500 .................... 2,625 2,625 

0960–0456 Personal Interview (SSI Claims System) .................................................................. 398,759 1 15 99,690 199,380 .................... 49,845 49,845 

0960–0529 SSA–5062 (Paper version) .............. 29,026 1 30 14,513 14,513 .................... 7,257 7,256 

096–0529 SSA–5062 (SSI claim system) .......... 29,026 1 20 9,675 14,513 .................... 4,838 4,837 

0960–0529 SSA–L5063 (Paper version) ............ 29,026 1 30 14,513 14,513 .................... 7,257 7,256 

0960–0529 SSA–L5063 (SSI claim system) ...... 29,026 1 20 9,675 14,513 .................... 4,838 4,837 

Totals ........................................................... 657,459 .................... .................... 167,503 389,528 .................... 88,820 78,693 

The following chart shows the 

reduction in theoretical cost burdens 

associated with the proposed rule: 

OMB #; form #; CFR citations 

Anticipated 

new 

number of 

respondents 

Estimated 

burden per 

response 

from chart 

above 

(minutes) 

Average 

theoretical 

hourly cost 

amount 

(dollars) * 

Average 

combined wait 

time in field 

office and/or 

teleservice 

centers 

(minutes) ** 

Anticipated 

annual 

opportunity 

cost 

(dollars) *** 

0960–0529 SSA–5062 (Paper version) .......................................................... 14,513 30 * $21.29 ** 24 *** $432,506 

0960–0529 SSA–5062 (SSI claim system) .................................................... 9,675 20 * $21.29 ** 24 *** $288,373 

0960–0529 SSA–L5063 (Paper version) ........................................................ 14,513 30 * $21.29 ** 24 *** $432,506 

0960–0529 SSA–L5063 (SSI claim system) .................................................. 14,513 20 * $21.29 ** 24 ***$288,373 

0960–0174 SSA–8006 (Paper Form) ............................................................. 6,080 6 * $12.81 ** 24 *** $109,039 

0960–0174 SSA–8006 (SSI Claims System) ................................................. 54,718 6 * $12.81 ** 24 ***$981,310 

0960–0456 SSA–8011–F3 (Paper Form) ....................................................... 10,500 15 $29.76 ** 21 *** $421,846 

0960–0456 Personal Interview (SSI Claims System) ..................................... 199,380 15 $29.76 ** 21 *** $8,010,291 

Totals ....................................................................................................... 323,892 ........................ ........................ .......................... *** $10,964,244 

* We based this figure on the average DI payments based on SSA’s current FY 2023 data (https://www.ssa.gov/legislation/2023factsheet.pdf); on the average U.S. 

citizen’s hourly salary, as reported by Bureau of Labor Statistics data (https://www.bls.gov/oes/current/oes_nat.htm). 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Proposed Rules 67157 

** We based this figure on the average FY 2023 wait times for field offices and hearings office, as well as by averaging both the average FY 2023 wait times for 

field offices and teleservice centers, based on SSA’s current management information data. 

*** This figure does not represent actual costs that SSA is imposing on recipients of Social Security payments to complete this application; rather, these are theoretical opportunity costs for the additional time respondents will spend to complete the application. There is no actual charge to respondents to complete the 

application. 

SSA submitted a single new 

Information Collection Request which 

encompasses revisions to information 

collections currently under OMB 

Numbers 0960–0174, 0960–0456, and 

0960–0529) to OMB for the approval of 

the changes due to the proposed rule. 

After approval at the final rule stage, we 

will adjust the figures associated with 

the current OMB numbers for these 

forms to reflect the new burden. We are 

soliciting comments on the burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize the burden on respondents, 

including the use of automated 

techniques or other forms of information 

technology. In addition, we are 

specifically seeking comment on 

whether you have any questions or 

suggestions for edits to the forms 

referenced above in the context of this 

proposed regulatory change. If you 

would like to submit comments, please 

send them to the following locations: 

Office of Management and Budget, Attn: 

Desk Officer for SSA, Fax Number: 

202–395–6974, Email address: OIRA_

Submission@omb.eop.gov 

Social Security Administration, OLCA, 

Attn: Reports Clearance Director, Mail 

Stop 3253 Altmeyer, 6401 Security 

Blvd., Baltimore MD 21235, Fax: 410– 

966–2830, Email address: 

OR.Reports.Clearance@ssa.gov 

You can submit comments until 

November 28, 2023, which is 60 days 

after the publication of this notice. 

However, your comments will be most 

useful if you send them to SSA by 

October 30, 2023, which is 30 days after 

publication. To receive a copy of the 

OMB clearance package, contact the 

SSA Reports Clearance Officer using 

any of the above contact methods. We 

prefer to receive comments by email or 

fax. 

(Catalog of Federal Domestic Assistance 

Program No. 96.006, Supplemental Security 

Income) 

List of Subjects in 20 CFR Part 416 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements, Supplemental Security 

Income (SSI). 

The Acting Commissioner of Social 

Security, Kilolo Kijakazi, Ph.D., M.S.W., 

having reviewed and approved this 

document, is delegating the authority to 

electronically sign this document to 

Faye I. Lipsky, who is the primary 

Federal Register Liaison for SSA, for 

purposes of publication in the Federal 

Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons stated in the 

preamble, we propose to amend 20 CFR 

chapter III, part 416, subpt. K, as set 

forth below: 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart K—Income 

■ 1. The authority citation for subpart K 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631, and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383, and 1383b; sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

■ 2. Amend § 416.1142 by revising 

paragraphs (a) introductory text and 

(a)(6) and (7) and adding paragraph 

(a)(8) to read as follows: 

§ 416.1142 If you live in a public 

assistance household. 

(a) Definition. For purposes of our 

programs, a public assistance household 

is one in which every member receives 

some kind of public incomemaintenance payments. These are 

payments made under— 

* * * * * 

(6) State or local government 

assistance programs based on need (tax 

credits or refunds are not assistance 

based on need); 

(7) U.S. Department of Veterans 

Affairs programs (those payments based 

on need); and 

(8) The Supplemental Nutrition 

Assistance Program (SNAP). 

* * * * * 

[FR Doc. 2023–21550 Filed 9–28–23; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 112 

[Docket No. FDA–2017–D–0175] 

Draft Guidance for Industry: Standards 

for the Growing, Harvesting, Packing, 

and Holding of Sprouts for Human 

Consumption; and Guidance for 

Industry: Standards for the Growing, 

Harvesting, Packing, and Holding of 

Sprouts for Human Consumption; 

Availability 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of availability. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing the availability of two 

guidance documents that will help 

sprout operations subject to FDA’s final 

rule entitled ‘‘Standards for the 

Growing, Harvesting, Packing, and 

Holding of Produce for Human 

Consumption’’ (the Produce Safety 

Rule) understand the topics covered in 

the Produce Safety Rule pertaining to 

personnel qualifications, training, and 

hygienic practices; equipment, tools, 

and buildings; and sampling and testing 

of spent sprout irrigation water (or inprocess sprouts). FDA is issuing a draft 

guidance entitled, ‘‘Draft Guidance for 

Industry: Standards for the Growing, 

Harvesting, Packing, and Holding of 

Sprouts for Human Consumption,’’ 

which revises a currently issued draft 

guidance entitled ‘‘Compliance with 

and Recommendations for 

Implementation of the Standards for the 

Growing, Harvesting, Packing, and 

Holding of Produce for Human 

Consumption for Sprout Operations’’ 

(January 23, 2017) (the January 2017 

draft guidance). In addition, FDA is 

announcing the availability of a final 

guidance entitled ‘‘Guidance for 

Industry: Standards for the Growing, 

Harvesting, Packing, and Holding of 

Sprouts for Human Consumption,’’ 

which finalizes portions of the January 

2017 draft guidance with additional 

clarifications in response to comments. 

DATES: Submit either electronic or 

written comments on the draft revised 

guidance by March 27, 2024 to ensure 

that FDA considers your comment on 

the draft revised guidance before we 


lotter on DSK11XQN23PROD with PROPOSALS1