Exclusion of Certain Military Pay From Deemed Income and Resources, 7552-7555 [2010-3383]
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations
meet the requirements for a significant
regulatory action under Executive Order
12866. Thus, it was not reviewed by
OMB.
Regulatory Flexibility Act
We certify that this final rule will not
have a significant economic impact on
a substantial number of small entities
because it affects primarily individuals.
Therefore, a regulatory flexibility
analysis is not required under the
Regulatory Flexibility Act, as amended.
shall transfer these funds and the
interest earned from the invested funds
to either a successor payee, to the
beneficiary, or to us, as we will
specify. * * *
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart F—[Amended]
3. The authority citation for subpart F
of part 416 is revised to read as follows:
■
Paperwork Reduction Act
This rule does not create any new, or
affect any existing, collections, and
therefore, does not require OMB
approval under the Paperwork
Reduction Act.
Authority: Secs. 702(a)(5), 1631(a)(2) and
(d)(1) of the Social Security Act (42 U.S.C.
902(a)(5) and 1383(a)(2) and (d)(1)).
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; and
96.006, Supplemental Security Income)
§ 416.660 Transfer of accumulated benefit
payments.
List of Subjects
20 CFR Part 404
Administrative practice and
procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability
Insurance; Reporting and recordkeeping
requirements; Social Security.
4. Amend § 416.660 by revising the
first sentence to read as follows:
■
A representative payee who has
conserved or invested benefit payments
shall transfer these funds and the
interest earned from the invested funds
to either a successor payee, to the
beneficiary, or to us, as we will
specify. * * *
[FR Doc. 2010–3380 Filed 2–19–10; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
Administrative practice and
procedure; Aged, Blind, Disability
benefits, Public Assistance programs;
Reporting and recordkeeping
requirements; Supplemental Security
Income (SSI).
20 CFR Part 416
Dated: February 4, 2010.
Michael J. Astrue,
Commissioner of Social Security.
AGENCY:
[Docket No. SSA–2008–0051]
RIN 0960–AF97
Exclusion of Certain Military Pay From
Deemed Income and Resources
ACTION:
For the reasons set out in the
preamble, we amend subpart U of part
404 and subpart F of part 416 of chapter
III of title 20 Code of Federal
Regulations as set forth below:
■
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–
)
Subpart U—[Amended]
1. The authority citation for subpart U
of part 404 is revised to read as follows:
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■
Authority: Secs. 205(a), (j), and (k), and
702(a)(5) of the Social Security Act (42 U.S.C.
405(a), (j), and (k), and 902(a)(5)).
2. Amend § 404.2060 by revising the
first sentence to read as follows:
■
§ 404.2060 Transfer of accumulated
benefit payments.
A representative payee who has
conserved or invested benefit payments
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13:00 Feb 19, 2010
Jkt 220001
Social Security Administration.
Final rule.
SUMMARY: We are revising our rules to
clarify that, for Supplemental Security
Income (SSI) purposes, we do not
consider any combat-related military
pay as income when we determine
whether spouses and children of
members of the uniformed services are
eligible for SSI. The rules also clarify
that we do not consider combat-related
military pay as income when we
determine the spouse’s or child’s proper
payment amount. These rules also
provide that, when we determine
whether spouses and children are
eligible for SSI, we do not consider
retroactive payments of certain military
pay as resources for 9 months following
receipt. These final rules protect
spouses and children of members of the
uniformed services from a reduction in,
or loss of, benefits because their spouse
or parent serves in a combat zone.
DATES: This final rule will be effective
March 24, 2010.
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FOR FURTHER INFORMATION CONTACT: Eric
Skidmore, Social Insurance Specialist,
Social Security Administration, Office
of Income Security Programs, 252
Altmeyer Building, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 597–1833. 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.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
www.gpoaccess.gov/fr/.
Background
The SSI program provides a minimum
income level for aged, blind, and
disabled persons who do not have
income or resources above levels
specified in the Social Security Act (the
Act). The Act generally requires that
when we determine a person’s
eligibility for, and amount of, SSI
benefits, we must consider the income
and resources of an ineligible spouse
living in the same household and, in the
case of a child under the age of 18, an
ineligible parent living in the same
household (and the spouse of such a
parent). Section 1614(f) of the Act, 42
U.S.C. 1382c(f). We use the term
‘‘deeming’’ to refer to the process of
considering part of an ineligible
spouse’s or parent’s income and
resources to be the person’s own income
and resources.
Although a member of the uniformed
services on active duty is unlikely to
apply or be eligible for SSI benefits,
some members of the uniformed
services have spouses or children who
receive or may apply for SSI benefits.
For purposes of deeming, the Act
provides that a spouse or parent who is
absent from the household solely
because of a duty assignment as a
member of the Armed Forces generally
will be treated as if he or she were living
in the household. Section 1614(f)(4) of
the Act, 42 U.S.C. 1382c(f)(4). Therefore,
we generally deem income and
resources of the member of the
uniformed services to his or her spouse
or child when determining the spouse’s
or child’s eligibility for, and amount of,
SSI benefits. Because we consider the
member of the uniformed services as
part of the household, we do not treat
his or her military pay as unearned
income from a source outside of the
household.
Although we generally deem income
of a member of the uniformed services
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations
to his or her spouse or child, the Act
excludes from income certain kinds of
pay that members of the uniformed
services may receive. Section
1612(b)(20) of the Act, 42 U.S.C.
1382a(b)(20). In particular, we exclude
from income special pay received
pursuant to 37 U.S.C. 310. Members of
the uniformed services are eligible for
special pay during months in which
they are subject to hostile fire or certain
other dangerous conditions specified in
37 U.S.C. 310. Our current regulations
implementing section 1612(b)(20) of the
Act exclude ‘‘hostile fire pay’’ received
under 37 U.S.C. 310 from income and
from deeming to spouses and children.
20 CFR 416.1124(c)(19) and
416.1161(a)(23). We are replacing the
term ‘‘hostile fire pay’’ in these sections
of our rules with the term ‘‘special pay’’
to clarify that we exclude from income
all special pay that a member of the
uniformed services received pursuant to
37 U.S.C. 310.
We are also adding a new paragraph
to our rules on deeming of income to
spouses and children that excludes from
deeming additional types of combatrelated pay beyond special pay under 37
U.S.C. 310. The Act allows us to waive
the deeming of income and resources to
a spouse or child when we determine
that deeming would be inequitable.
Section 1614(f) of the Act, 42 U.S.C.
1382c(f). Effective October 1, 2002, we
issued instructions under this statutory
authority to exclude from a spouse’s or
child’s deemed income any additional
pay that members of the uniformed
services received because they were
deployed to or served in a combat zone.
We determined that it would be
inequitable to deem that pay as income
and reduce a family member’s benefits
or potentially render the family member
ineligible for SSI. We are now
incorporating this exclusion and the
definition of the term ‘‘combat zone’’ in
our SSI rules.
We are also revising our rules on
deeming of resources to spouses and
children to exclude retroactive
payments of certain kinds of military
pay for 9 months following receipt.
Congress has retroactively and
permanently increased the amount of
special pay under 37 U.S.C. 310 and the
family separation allowance under 37
U.S.C. 427. Pursuant to section 1614(f)
of the Act, we issued instructions
excluding retroactive payments of the
increase in special pay received after
September 2002 from a spouse’s or
child’s deemed resources for a period of
9 months following the month of
receipt. Our instructions similarly
excluded retroactive payments of the
family separation allowance that a
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member of the uniformed services
received as a result of deployment to or
service in a combat zone. We
determined that it would be inequitable
to apply the usual resource deeming
rules to these retroactive payments in
recognition of the hardships
experienced and sacrifices made by
members of the uniformed services and
their families. We are now revising our
SSI rules to incorporate these
exclusions.
Finally, we are revising the
punctuation at the conclusion of
§ 416.1161(a)(25), (a)(26), and (a)(27).
We are also clarifying some of the
language in § 416.1202(a) and (b)(1) and
reorganizing portions of § 416.1202(b)(1)
to make that section easier to
understand. We are making these
changes solely to improve the clarity of
these rules, and these changes have no
substantive effect on our policies or
procedures.
from one of the uniformed services
pursuant to 37 U.S.C. 427 as a result of
deployment to or service in a combat
zone.
6. Clarifying some language in
paragraphs (a) and (b)(1) of § 416.1202,
and reorganizing portions of paragraph
(b)(1).
Explanation of Changes
We are amending the regulations in
20 CFR, part 416, subparts K and L, to
reflect the changes discussed above. In
summary, we are:
1. Revising § 416.1124(c)(19) and
§ 416.1161(a)(23) to replace the term
‘‘hostile fire pay’’ with the term ‘‘special
pay.’’ We are making this technical
clarification to conform the regulatory
language to the statutory language in
section 1612(b)(20) of the Act.
2. Amending § 416.1160(d) to add a
definition of the term ‘‘combat zone.’’
3. Amending § 416.1161 by adding
new paragraph (a)(28) to exclude from
income deemed from an ineligible
spouse or parent any additional
increment in pay, other than any
increase in basic pay (e.g., annual pay
raises, promotions), if:
• The spouse or parent received the
additional pay as a result of deployment
to or service in a combat zone; and
• The spouse or parent was not
receiving the additional pay
immediately prior to deployment to or
service in a combat zone.
4. Revising the punctuation at the
conclusion of paragraphs (a)(25), (a)(26),
and (a)(27) of § 416.1161.
5. Revising paragraphs (a) and (b)(1)
of § 416.1202 to exclude from resources
deemed from an ineligible spouse or
parent (or spouse of a parent), for 9
months following the month of receipt,
the unspent portion of any retroactive
payment of:
• Special pay the ineligible spouse or
parent received from one of the
uniformed services pursuant to 37
U.S.C. 310; and
• Family separation allowance the
ineligible spouse or parent received
We have consulted with the Office of
Management and Budget (OMB) and
determined that these final rules meet
the requirements for a significant
regulatory action under Executive Order
12866, as amended. Thus, they were
subject to OMB review.
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Public Comments
In the notice of proposed rulemaking
we published at 74 FR 27727 (June 11,
2009), we provided the public with a
60-day period in which to comment on
the proposed changes. That comment
period ended on August 10, 2009. We
did not receive any comments on the
proposed changes. We are changing our
rules exactly as we proposed in the
notice of proposed rulemaking.
Regulatory Procedures
Executive Order 12866
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small
entities, because they affect only
individuals. Therefore, a regulatory
flexibility analysis as provided in the
Regulatory Flexibility Act, as amended,
is not required.
Paperwork Reduction Act
These final rules impose no reporting
or recordkeeping requirements subject
to OMB clearance.
(Catalog of Federal Domestic Assistance
Program No. 96.006, Supplemental Security
Income)
List of Subjects in 20 CFR Part 416
Administrative practice and
procedure; Aged, Blind, Disability
benefits; Public assistance programs;
Reporting and recordkeeping
requirements; Supplemental Security
Income (SSI).
Dated: November 9, 2009.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the
preamble, we amend subparts K and L
of part 416 of chapter III of title 20 Code
of Federal Regulations as set forth
below:
■
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations
d. Remove the period at the end of
paragraph (a)(27) and add ‘‘; and’’ in its
place; and
■ e. Add paragraph (a)(28) to read as
follows:
■
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart K—[Amended]
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 § 416.1124 by revising
paragraph (c)(19) to read as follows:
■
§ 416.1124
count.
Unearned income we do not
*
*
*
*
*
(c) * * *
(19) Special pay received from one of
the uniformed services pursuant to 37
U.S.C. 310;
*
*
*
*
*
■ 3. Amend § 416.1160 by adding the
definition of ‘‘Combat zone’’ in
paragraph (d) to read as follows:
§ 416.1160
What is deeming of income?
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*
*
*
*
*
(d) * * *
Combat zone means
(i) Any area the President of the
United States designates by Executive
Order under 26 U.S.C. 112 as an area in
which Armed Forces of the United
States are or have engaged in combat;
(ii) A qualified hazardous duty area
(QHDA) Congress designates be treated
in the same manner as an area
designated by the President under 26
U.S.C. 112, provided the member of the
uniformed services serving in this area
is entitled to special pay under 37
U.S.C. 310; or
(iii) An area where the Secretary of
Defense or his or her designated
representative has certified that Armed
Forces members provide direct support
for military operations in an area
designated by the President under 26
U.S.C. 112 or a QHDA, provided the
member of the uniformed services
serving in the area certified by the
Secretary of Defense or his or her
designated representative is entitled to
special pay under 37 U.S.C. 310.
*
*
*
*
*
■ 4. Amend § 416.1161 as follows:
■ a. Amend paragraph (a)(23) by
removing the words ‘‘Hostile fire pay’’
and adding the words ‘‘Special pay’’ in
their place;
■ b. Remove the word ‘‘and’’ at the end
of paragraph (a)(25);
■ c. Remove the period at the end of
paragraph (a)(26) and add a semicolon
in its place;
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§ 416.1161 Income of an ineligible spouse,
ineligible parent, and essential person for
deeming purposes.
*
*
*
*
*
(a) * * *
(28) Any additional increment in pay,
other than any increase in basic pay,
received while serving as a member of
the uniformed services, if—
(i) Your ineligible spouse or parent
received the pay as a result of
deployment to or service in a combat
zone; and
(ii) Your ineligible spouse or parent
was not receiving the additional pay
immediately prior to deployment to or
service in a combat zone.
*
*
*
*
*
Subpart L—[Amended]
5. The authority citation for subpart L
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).
6. In § 416.1202:
a. Revise the second sentence and
remove the third sentence of paragraph
(a);
■ b. Add new paragraphs (a)(1), (a)(2),
and (a)(3); and
■ c. Revise paragraph (b)(1).
The additions and revisions read as
follows:
■
■
§ 416.1202
Deeming of resources.
(a) * * * In addition to the exclusions
listed in § 416.1210, we also exclude the
following items:
(1) Pension funds that the ineligible
spouse may have. Pension funds are
defined as funds held in individual
retirement accounts (IRA), as described
by the Internal Revenue Code, or in
work-related pension plans (including
such plans for self-employed persons,
sometimes referred to as Keogh plans);
(2) For 9 months beginning with the
month following the month of receipt,
the unspent portion of any retroactive
payment of special pay an ineligible
spouse received from one of the
uniformed services pursuant to 37
U.S.C. 310; and
(3) For 9 months beginning with the
month following the month of receipt,
the unspent portion of any retroactive
payment of family separation allowance
an ineligible spouse received from one
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of the uniformed services pursuant to 37
U.S.C. 427 as a result of deployment to
or service in a combat zone (as defined
in § 416.1160(d)).
(b) * * *
(1) General. In the case of a child (as
defined in § 416.1856) who is under age
18, we will deem to that child any
resources, not otherwise excluded under
this subpart, of his or her ineligible
parent who is living in the same
household with him or her (as described
in § 416.1851). We also will deem to the
child the resources of his or her
ineligible stepparent. As used in this
section, the term ‘‘parent’’ means the
natural or adoptive parent of a child,
and the term ‘‘stepparent’’ means the
spouse (as defined in § 416.1806) of
such natural or adoptive parent who is
living in the same household with the
child and parent. We will deem to a
child the resources of his or her parent
and stepparent whether or not those
resources are available to him or her.
We will deem to a child the resources
of his or her parent and stepparent only
to the extent that those resources exceed
the resource limits described in
§ 416.1205. (If the child is living with
only one parent, we apply the resource
limit for an individual. If the child is
living with both parents, or the child is
living with one parent and a stepparent,
we apply the resource limit for an
individual and spouse.) We will not
deem to a child the resources of his or
her parent or stepparent if the child is
excepted from deeming under paragraph
(b)(2) of this section. In addition to the
exclusions listed in § 416.1210, we also
exclude the following items:
(i) Pension funds of an ineligible
parent (or stepparent). Pension funds
are defined as funds held in IRAs, as
described by the Internal Revenue Code,
or in work-related pension plans
(including such plans for self-employed
persons, sometimes referred to as Keogh
plans);
(ii) For 9 months beginning with the
month following the month of receipt,
the unspent portion of any retroactive
payment of special pay an ineligible
parent (or stepparent) received from one
of the uniformed services pursuant to 37
U.S.C. 310; and
(iii) For 9 months beginning with the
month following the month of receipt,
the unspent portion of any retroactive
payment of family separation allowance
an ineligible parent (or stepparent)
received from one of the uniformed
services pursuant to 37 U.S.C. 427 as a
result of deployment to or service in a
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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations
combat zone (as defined in
§ 416.1160(d)).
*
*
*
*
*
[FR Doc. 2010–3383 Filed 2–19–10; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
[Docket No. FDA–2010–N–0002]
New Animal Drugs for Use in Animal
Feeds; Bacitracin Zinc; Nicarbazin
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of an original abbreviated new
animal drug application (ANADA) filed
by Alpharma, Inc. The ANADA
provides for use of single-ingredient
Type A medicated articles containing
bacitracin zinc and nicarbazin to make
two-way combination drug Type C
medicated feeds for broiler chickens.
DATES: This rule is effective February
22, 2010.
FOR FURTHER INFORMATION CONTACT: John
K. Harshman, Center for Veterinary
Medicine (HFV–170), Food and Drug
Administration, 7500 Standish Pl.,
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SUMMARY:
VerDate Nov<24>2008
13:00 Feb 19, 2010
Jkt 220001
Rockville, MD 20855, 240–276–8197,
e-mail: john.harshman@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Alpharma,
Inc., 440 Rte. 22, Bridgewater, NJ 08807,
filed ANADA 200–478 for use of
ALBAC 50 (bacitracin zinc) and
NICARB (nicarbazin) single-ingredient
Type A medicated articles to make twoway combination drug Type C
medicated feeds for broiler chickens.
Alpharma, Inc.’s, ANADA 200–478 is
approved as a generic copy of NADA
141–146, sponsored by Phibro Animal
Health, for combination use of
BACIFERM (bacitracin zinc) and
NICARB. The application is approved as
of January 21, 2010, and the regulations
are amended in 21 CFR 558.366 to
reflect the approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between
9 a.m. and 4 p.m., Monday through
Friday.
The agency has determined under 21
CFR 25.33 that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
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7555
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
■
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
§ 558.366
[Amended]
2. In § 558.366, in the table in
paragraph (d), in the ‘‘Nicarbazin in
grams per ton’’ column, in the entry for
‘‘113.5 (0.0125 pct.)’’ under the
‘‘Combination in grams per ton’’ column,
in the entry for ‘‘Bacitracin zinc 4 to 50,’’
add ‘‘046573’’ in numeral sequence
under the ‘‘Sponsor’’ column.
■
Dated: February 17, 2010.
William T. Flynn,
Acting Director, Center for Veterinary
Medicine.
[FR Doc. 2010–3328 Filed 2–19–10; 8:45 am]
BILLING CODE 4160–01–S
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]]>Agencies
[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Rules and Regulations]
[Pages 7552-7555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3383]
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA-2008-0051]
RIN 0960-AF97
Exclusion of Certain Military Pay From Deemed Income and
Resources
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising our rules to clarify that, for Supplemental
Security Income (SSI) purposes, we do not consider any combat-related
military pay as income when we determine whether spouses and children
of members of the uniformed services are eligible for SSI. The rules
also clarify that we do not consider combat-related military pay as
income when we determine the spouse's or child's proper payment amount.
These rules also provide that, when we determine whether spouses and
children are eligible for SSI, we do not consider retroactive payments
of certain military pay as resources for 9 months following receipt.
These final rules protect spouses and children of members of the
uniformed services from a reduction in, or loss of, benefits because
their spouse or parent serves in a combat zone.
DATES: This final rule will be effective March 24, 2010.
FOR FURTHER INFORMATION CONTACT: Eric Skidmore, Social Insurance
Specialist, Social Security Administration, Office of Income Security
Programs, 252 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD
21235-6401, (410) 597-1833. 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.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register at https://www.gpoaccess.gov/fr/.
Background
The SSI program provides a minimum income level for aged, blind,
and disabled persons who do not have income or resources above levels
specified in the Social Security Act (the Act). The Act generally
requires that when we determine a person's eligibility for, and amount
of, SSI benefits, we must consider the income and resources of an
ineligible spouse living in the same household and, in the case of a
child under the age of 18, an ineligible parent living in the same
household (and the spouse of such a parent). Section 1614(f) of the
Act, 42 U.S.C. 1382c(f). We use the term ``deeming'' to refer to the
process of considering part of an ineligible spouse's or parent's
income and resources to be the person's own income and resources.
Although a member of the uniformed services on active duty is
unlikely to apply or be eligible for SSI benefits, some members of the
uniformed services have spouses or children who receive or may apply
for SSI benefits. For purposes of deeming, the Act provides that a
spouse or parent who is absent from the household solely because of a
duty assignment as a member of the Armed Forces generally will be
treated as if he or she were living in the household. Section
1614(f)(4) of the Act, 42 U.S.C. 1382c(f)(4). Therefore, we generally
deem income and resources of the member of the uniformed services to
his or her spouse or child when determining the spouse's or child's
eligibility for, and amount of, SSI benefits. Because we consider the
member of the uniformed services as part of the household, we do not
treat his or her military pay as unearned income from a source outside
of the household.
Although we generally deem income of a member of the uniformed
services
[[Page 7553]]
to his or her spouse or child, the Act excludes from income certain
kinds of pay that members of the uniformed services may receive.
Section 1612(b)(20) of the Act, 42 U.S.C. 1382a(b)(20). In particular,
we exclude from income special pay received pursuant to 37 U.S.C. 310.
Members of the uniformed services are eligible for special pay during
months in which they are subject to hostile fire or certain other
dangerous conditions specified in 37 U.S.C. 310. Our current
regulations implementing section 1612(b)(20) of the Act exclude
``hostile fire pay'' received under 37 U.S.C. 310 from income and from
deeming to spouses and children. 20 CFR 416.1124(c)(19) and
416.1161(a)(23). We are replacing the term ``hostile fire pay'' in
these sections of our rules with the term ``special pay'' to clarify
that we exclude from income all special pay that a member of the
uniformed services received pursuant to 37 U.S.C. 310.
We are also adding a new paragraph to our rules on deeming of
income to spouses and children that excludes from deeming additional
types of combat-related pay beyond special pay under 37 U.S.C. 310. The
Act allows us to waive the deeming of income and resources to a spouse
or child when we determine that deeming would be inequitable. Section
1614(f) of the Act, 42 U.S.C. 1382c(f). Effective October 1, 2002, we
issued instructions under this statutory authority to exclude from a
spouse's or child's deemed income any additional pay that members of
the uniformed services received because they were deployed to or served
in a combat zone. We determined that it would be inequitable to deem
that pay as income and reduce a family member's benefits or potentially
render the family member ineligible for SSI. We are now incorporating
this exclusion and the definition of the term ``combat zone'' in our
SSI rules.
We are also revising our rules on deeming of resources to spouses
and children to exclude retroactive payments of certain kinds of
military pay for 9 months following receipt. Congress has retroactively
and permanently increased the amount of special pay under 37 U.S.C. 310
and the family separation allowance under 37 U.S.C. 427. Pursuant to
section 1614(f) of the Act, we issued instructions excluding
retroactive payments of the increase in special pay received after
September 2002 from a spouse's or child's deemed resources for a period
of 9 months following the month of receipt. Our instructions similarly
excluded retroactive payments of the family separation allowance that a
member of the uniformed services received as a result of deployment to
or service in a combat zone. We determined that it would be inequitable
to apply the usual resource deeming rules to these retroactive payments
in recognition of the hardships experienced and sacrifices made by
members of the uniformed services and their families. We are now
revising our SSI rules to incorporate these exclusions.
Finally, we are revising the punctuation at the conclusion of Sec.
416.1161(a)(25), (a)(26), and (a)(27). We are also clarifying some of
the language in Sec. 416.1202(a) and (b)(1) and reorganizing portions
of Sec. 416.1202(b)(1) to make that section easier to understand. We
are making these changes solely to improve the clarity of these rules,
and these changes have no substantive effect on our policies or
procedures.
Explanation of Changes
We are amending the regulations in 20 CFR, part 416, subparts K and
L, to reflect the changes discussed above. In summary, we are:
1. Revising Sec. 416.1124(c)(19) and Sec. 416.1161(a)(23) to
replace the term ``hostile fire pay'' with the term ``special pay.'' We
are making this technical clarification to conform the regulatory
language to the statutory language in section 1612(b)(20) of the Act.
2. Amending Sec. 416.1160(d) to add a definition of the term
``combat zone.''
3. Amending Sec. 416.1161 by adding new paragraph (a)(28) to
exclude from income deemed from an ineligible spouse or parent any
additional increment in pay, other than any increase in basic pay
(e.g., annual pay raises, promotions), if:
The spouse or parent received the additional pay as a
result of deployment to or service in a combat zone; and
The spouse or parent was not receiving the additional pay
immediately prior to deployment to or service in a combat zone.
4. Revising the punctuation at the conclusion of paragraphs
(a)(25), (a)(26), and (a)(27) of Sec. 416.1161.
5. Revising paragraphs (a) and (b)(1) of Sec. 416.1202 to exclude
from resources deemed from an ineligible spouse or parent (or spouse of
a parent), for 9 months following the month of receipt, the unspent
portion of any retroactive payment of:
Special pay the ineligible spouse or parent received from
one of the uniformed services pursuant to 37 U.S.C. 310; and
Family separation allowance the ineligible spouse or
parent received from one of the uniformed services pursuant to 37
U.S.C. 427 as a result of deployment to or service in a combat zone.
6. Clarifying some language in paragraphs (a) and (b)(1) of Sec.
416.1202, and reorganizing portions of paragraph (b)(1).
Public Comments
In the notice of proposed rulemaking we published at 74 FR 27727
(June 11, 2009), we provided the public with a 60-day period in which
to comment on the proposed changes. That comment period ended on August
10, 2009. We did not receive any comments on the proposed changes. We
are changing our rules exactly as we proposed in the notice of proposed
rulemaking.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these final rules meet the requirements for a
significant regulatory action under Executive Order 12866, as amended.
Thus, they were subject to OMB review.
Regulatory Flexibility Act
We certify that these final rules will not have a significant
economic impact on a substantial number of small entities, because they
affect only individuals. Therefore, a regulatory flexibility analysis
as provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These final rules impose no reporting or recordkeeping requirements
subject to OMB clearance.
(Catalog of Federal Domestic Assistance Program No. 96.006,
Supplemental Security Income)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure; Aged, Blind, Disability
benefits; Public assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Dated: November 9, 2009.
Michael J. Astrue,
Commissioner of Social Security.
0
For the reasons set out in the preamble, we amend subparts K and L of
part 416 of chapter III of title 20 Code of Federal Regulations as set
forth below:
[[Page 7554]]
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart K--[Amended]
0
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).
0
2. Amend Sec. 416.1124 by revising paragraph (c)(19) to read as
follows:
Sec. 416.1124 Unearned income we do not count.
* * * * *
(c) * * *
(19) Special pay received from one of the uniformed services
pursuant to 37 U.S.C. 310;
* * * * *
0
3. Amend Sec. 416.1160 by adding the definition of ``Combat zone'' in
paragraph (d) to read as follows:
Sec. 416.1160 What is deeming of income?
* * * * *
(d) * * *
Combat zone means
(i) Any area the President of the United States designates by
Executive Order under 26 U.S.C. 112 as an area in which Armed Forces of
the United States are or have engaged in combat;
(ii) A qualified hazardous duty area (QHDA) Congress designates be
treated in the same manner as an area designated by the President under
26 U.S.C. 112, provided the member of the uniformed services serving in
this area is entitled to special pay under 37 U.S.C. 310; or
(iii) An area where the Secretary of Defense or his or her
designated representative has certified that Armed Forces members
provide direct support for military operations in an area designated by
the President under 26 U.S.C. 112 or a QHDA, provided the member of the
uniformed services serving in the area certified by the Secretary of
Defense or his or her designated representative is entitled to special
pay under 37 U.S.C. 310.
* * * * *
0
4. Amend Sec. 416.1161 as follows:
0
a. Amend paragraph (a)(23) by removing the words ``Hostile fire pay''
and adding the words ``Special pay'' in their place;
0
b. Remove the word ``and'' at the end of paragraph (a)(25);
0
c. Remove the period at the end of paragraph (a)(26) and add a
semicolon in its place;
0
d. Remove the period at the end of paragraph (a)(27) and add ``; and''
in its place; and
0
e. Add paragraph (a)(28) to read as follows:
Sec. 416.1161 Income of an ineligible spouse, ineligible parent, and
essential person for deeming purposes.
* * * * *
(a) * * *
(28) Any additional increment in pay, other than any increase in
basic pay, received while serving as a member of the uniformed
services, if--
(i) Your ineligible spouse or parent received the pay as a result
of deployment to or service in a combat zone; and
(ii) Your ineligible spouse or parent was not receiving the
additional pay immediately prior to deployment to or service in a
combat zone.
* * * * *
Subpart L--[Amended]
0
5. The authority citation for subpart L 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).
0
6. In Sec. 416.1202:
0
a. Revise the second sentence and remove the third sentence of
paragraph (a);
0
b. Add new paragraphs (a)(1), (a)(2), and (a)(3); and
0
c. Revise paragraph (b)(1).
The additions and revisions read as follows:
Sec. 416.1202 Deeming of resources.
(a) * * * In addition to the exclusions listed in Sec. 416.1210,
we also exclude the following items:
(1) Pension funds that the ineligible spouse may have. Pension
funds are defined as funds held in individual retirement accounts
(IRA), as described by the Internal Revenue Code, or in work-related
pension plans (including such plans for self-employed persons,
sometimes referred to as Keogh plans);
(2) For 9 months beginning with the month following the month of
receipt, the unspent portion of any retroactive payment of special pay
an ineligible spouse received from one of the uniformed services
pursuant to 37 U.S.C. 310; and
(3) For 9 months beginning with the month following the month of
receipt, the unspent portion of any retroactive payment of family
separation allowance an ineligible spouse received from one of the
uniformed services pursuant to 37 U.S.C. 427 as a result of deployment
to or service in a combat zone (as defined in Sec. 416.1160(d)).
(b) * * *
(1) General. In the case of a child (as defined in Sec. 416.1856)
who is under age 18, we will deem to that child any resources, not
otherwise excluded under this subpart, of his or her ineligible parent
who is living in the same household with him or her (as described in
Sec. 416.1851). We also will deem to the child the resources of his or
her ineligible stepparent. As used in this section, the term ``parent''
means the natural or adoptive parent of a child, and the term
``stepparent'' means the spouse (as defined in Sec. 416.1806) of such
natural or adoptive parent who is living in the same household with the
child and parent. We will deem to a child the resources of his or her
parent and stepparent whether or not those resources are available to
him or her. We will deem to a child the resources of his or her parent
and stepparent only to the extent that those resources exceed the
resource limits described in Sec. 416.1205. (If the child is living
with only one parent, we apply the resource limit for an individual. If
the child is living with both parents, or the child is living with one
parent and a stepparent, we apply the resource limit for an individual
and spouse.) We will not deem to a child the resources of his or her
parent or stepparent if the child is excepted from deeming under
paragraph (b)(2) of this section. In addition to the exclusions listed
in Sec. 416.1210, we also exclude the following items:
(i) Pension funds of an ineligible parent (or stepparent). Pension
funds are defined as funds held in IRAs, as described by the Internal
Revenue Code, or in work-related pension plans (including such plans
for self-employed persons, sometimes referred to as Keogh plans);
(ii) For 9 months beginning with the month following the month of
receipt, the unspent portion of any retroactive payment of special pay
an ineligible parent (or stepparent) received from one of the uniformed
services pursuant to 37 U.S.C. 310; and
(iii) For 9 months beginning with the month following the month of
receipt, the unspent portion of any retroactive payment of family
separation allowance an ineligible parent (or stepparent) received from
one of the uniformed services pursuant to 37 U.S.C. 427 as a result of
deployment to or service in a
[[Page 7555]]
combat zone (as defined in Sec. 416.1160(d)).
* * * * *
[FR Doc. 2010-3383 Filed 2-19-10; 8:45 am]
BILLING CODE 4191-02-P
