Improvements to the Supplemental Security Income Program-Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act), 54285-54287 [2010-22179]
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Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations
Control(s)
Country chart
NS applies to ‘‘software’’ NS Column
1 for ‘‘use’’ of
‘‘FADEC systems’’
for equipment controlled by 9A001 to
9A003.
MT applies to ‘‘software’’ MT Column
1 required for the
‘‘use’’ of ‘‘FADEC
systems’’ for gas
turbine engines
controlled by
9A101, or 9A106.
AT applies to entire
entry AT Column 1.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
Items:
*
*
b. Fault-tolerant ‘‘software’’ used in
‘‘FADEC systems’’ for propulsion systems and
associated test facilities.
52. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
Aerospace and Propulsion, ECCN 9E003
is amended by:
■ a. Revising the SI paragraph in the
License Requirements section;
■ b. Removing and reserving paragraph
a.9, and adding a note after the reserved
a.9 in the Items paragraph of the List of
Items Controlled section; and
■ c. Redesignating paragraph h. as i. and
adding a new paragraph h. in the Items
paragraph of the List of Items
Controlled; and
■ d. Revising newly redesignated
paragraph i. in the Items paragraph of
the List of Items Controlled section to
read as follows:
h.3. ‘‘Development’’ ‘‘technology’’ for the
control law algorithms, including ‘‘source
code’’, unique to the ‘‘FADEC system’’ and
used to regulate engine thrust or shaft power.
Note: 9E003.h does not apply to technical
data related to engine-aircraft integration
required by the civil aviation certification
authorities to be published for general airline
use (e.g., installation manuals, operating
instructions, instructions for continued
airworthiness) or interface functions (e.g.,
input/output processing, airframe thrust or
shaft power demand).
i. ‘‘Technology’’ not otherwise controlled in
9E003.a.1 through a.8, a.10, and .h and used
in the ‘‘development’’, ‘‘production’’, or
overhaul of hot section parts and components
of civil derivatives of military engines
controlled on the U.S. Munitions List.
Dated: August 26, 2010.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2010–21688 Filed 9–3–10; 8:45 am]
BILLING CODE 3510–33–P
■
9E003 Other ‘‘technology’’ as follows (see
List of Items Controlled).
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SI applies to 9E003.a.1 through a.8, a.10, .h
and .i. See § 742.14 of the EAR for additional
information.
*
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List of Items Controlled
*
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*
Items:
a. * * *
a.9. [Reserved]
N.B.: For ‘‘FADEC systems’’, see 9E003.h.
wwoods2 on DSK1DXX6B1PROD with RULES
*
*
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h. ‘‘Technology’’ for gas turbine engine
‘‘FADEC systems’’ as follows:
h.1. ‘‘Development’’ ‘‘technology’’ for
deriving the functional requirements for the
components necessary for the ‘‘FADEC
system’’ to regulate engine thrust or shaft
power (e.g., feedback sensor time constants
and accuracies, fuel valve slew rate);
h.2. ‘‘Development’’ or ‘‘production’’
‘‘technology’’ for control and diagnostic
components unique to the ‘‘FADEC system’’
and used to regulate engine thrust or shaft
power;
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA–2009–0017]
RIN 0960–AD78
Improvements to the Supplemental
Security Income Program—Heroes
Earnings Assistance and Relief Tax
Act of 2008 (HEART Act)
Social Security Administration.
Final rule.
AGENCY:
ACTION:
We are revising our
regulations to incorporate
improvements to the Supplemental
Security Income (SSI) program made by
the HEART Act. The HEART Act
changes the way we treat certain cash
payments to members of the uniformed
services and veterans and the way we
treat cash and in-kind payments to
AmeriCorps volunteers. In addition, we
are making a technical change to our
rules to reflect the correct section of the
Internal Revenue Code.
DATES: These final rules are effective
September 7, 2010.
FOR FURTHER INFORMATION CONTACT: Eric
Skidmore, Office of Income Security
Programs, Social Security
Administration, 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:
SUMMARY:
PO 00000
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54285
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
We are revising our regulations to
incorporate changes to the SSI program
made by sections 201–203 of the
HEART Act, Public Law 110–245. The
HEART Act amended the SSI program
with respect to SSI benefits payable on
or after September 1, 2008 by:
• Treating certain cash payments to
members of the uniformed services as
earned income, generally providing a
higher SSI benefit (section 201(a) of the
HEART Act);
• Excluding from countable income
and resources certain annuity payments
paid by a State (section 202 of the
HEART Act); and,
• Excluding any cash or in-kind
benefit provided by AmeriCorps State
and National and AmeriCorps National
Civilian Community Corps (NCCC) from
countable income for SSI eligibility and
benefit determinations (section 203 of
the HEART Act).
The primary goal of the SSI program
is to ensure a minimum level of income
to persons who are aged 65 or older,
blind, or disabled and who have limited
income and resources. The law provides
that SSI payments can be made only to
persons who have income and resources
below specified amounts. Therefore,
income and resources are major factors
in deciding SSI eligibility and the
amount of any SSI payments.
The HEART Act changes the way we
apply our earned income, unearned
income, and resource exclusion rules to
uniformed services personnel, veterans
and their spouses, and AmeriCorps
participants. Under the HEART Act,
some payments that we previously
counted as unearned income now count
as earned income, and some payments
are excluded altogether for purposes of
SSI eligibility and benefit
determinations. Since the changes made
by the HEART Act were effective with
respect to SSI benefits payable
beginning on or after September 1, 2008,
we have already updated our
operational instructions. We also need
to update our rules in order to reflect
these statutory changes.
Explanation of Changes
We are amending sections 416.1110,
416.1112, 416.1124, 416.1130(b), and
416.1210 of our rules to reflect the
changes mandated by sections 201, 202,
and 203 of the HEART Act. In addition,
we are making a technical change to
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Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations
resources beginning with the month
after the month received.
Uniformed Services Special Pay and
Allowances
Before the HEART Act, we treated
some non-wage cash payments to
uniformed service members, i.e., the
military housing allowance paid to
uniformed service members who live in
completely private housing, as unearned
income for SSI purposes. We are
revising section 416.1110 (What is
earned income.) to reflect section 201 of
the HEART Act and treat most cash
payments to uniformed service
members, including the military
housing allowance for completely
private housing, as earned income.
The HEART Act does not change, for
SSI eligibility and benefit
determinations, the way we treat:
• On-base housing and privatized
military housing allowances. We count
these as in-kind support and
maintenance (ISM). Military service
members receive a basic allowance to
cover housing costs in on-base housing,
privatized military housing, or
completely private housing. Privatized
military housing is developed and
managed by private companies under
agreement with the military to provide
housing for service members, whereas
completely private housing is not.
• Combat-related military pay. We
exclude this pay for an SSI recipient
from countable income, and we exclude
from deeming additional types of
combat-related pay beyond special pay.
37 U.S.C. 310; 20 CFR 416.1124(c)(19)
and 416.1161(a)(28). We 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.
wwoods2 on DSK1DXX6B1PROD with RULES
section 416.1110(c) to reflect the correct
section of the Internal Revenue Code.
AmeriCorps State and National and
AmeriCorps NCCC Payments
Prior to the HEART Act, we treated
cash or in-kind payments from the
AmeriCorps State and National and
AmeriCorps NCCC programs as
countable income. We are revising
sections 416.1112 (Earned income we do
not count) and 416.1124 (Unearned
income we do not count) to reflect
section 203 of the HEART Act. For SSI
eligibility and benefit determinations,
we will exclude from countable income
any cash or in-kind payments to
program participants or on the
AmeriCorps participants behalf. Such
payments may include, but are not
limited to: Food and shelter, stipends,
living allowance payments, clothing
allowances, educational awards, and
payments in lieu of educational awards.
State Annuities for Blind, Aged, or
Disabled Veterans
Before the HEART Act, we counted
State annuity payments as income in the
month received, and as a resource if
retained into the following month. We
are revising sections 416.1124
(Unearned income we do not count) and
416.1210 (Exclusions from resources;
general) to reflect section 202 of the
HEART Act and exclude, for SSI
eligibility and benefit determinations,
annuity payments that a State pays to a
person (or his or her spouse) because
the State has determined that the person
is:
• A veteran; and
• Blind, disabled, or aged.
Under section 202 of the HEART Act,
we exclude these payments from
income for the month received and from
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Technical Section Change
We are also updating a citation in 20
CFR 416.1110(c), which currently cites
‘‘section 43 of the Internal Revenue Code
of 1954, as amended’’ as authority for
the earned income credit. We are
updating that citation to refer to section
32 of the Internal Revenue Code of 1986,
as amended (26 U.S.C. 32). This change
is technical in nature and does not have
any substantive impact on our policies
or procedures.
Regulatory Procedures
We follow the Administrative
Procedure Act (APA) rulemaking
procedures in 5 U.S.C. 553 when
developing our regulations. The APA
provides exceptions to its prior notice
and public comment procedures when
an agency finds that there is good cause
for dispensing with such procedures
because they are impracticable,
unnecessary, or contrary to the public
interest.
In the case of these rules, we have
determined that, under 5 U.S.C.
553(b)(B), good cause exists for
dispensing with the prior notice and
public comment procedures for the
changes we are making because all of
these changes are required by the
HEART Act. The statutory changes
made by the HEART Act are selfimplementing provisions that do not
give us any discretion in implementing
them. The statutory changes were
effective with respect to SSI benefits
payable on or after September 1, 2008,
and we have been following these
provisions in accordance with our
operational instructions since they
became effective. Therefore, we have
determined that notice and opportunity
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for comment prior to making these
changes is unnecessary.
In addition, we find good cause for
dispensing with the 30-day delay in the
effective date of a substantive rule,
provided for by 5 U.S.C. 553(d). As
explained above, we are revising our
title XVI rules to reflect legislative
provisions that are already in effect and
that we have been applying since they
became effective. Without these
changes, our rules will not reflect
current law or our operating policy and
procedures, and thus may mislead the
public. Therefore, we find that it is in
the public interest to make these rules
effective upon publication.
Executive Order 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that these final rules do not
meet the criteria for a significant
regulatory action under Executive Order
12866 and were not 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 only affect individuals.
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 or
affect any existing collections and,
therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
(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).
Dated: August 27, 2010.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons stated in the preamble,
we are amending subparts K and L of
chapter III of title 20 of the Code of
Federal Regulations as set forth below:
■
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
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07SER1
Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations
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. In § 416.1110, revise the section
heading, paragraph (a) and the first
sentence of paragraph (c) to read as
follows:
■
§ 416.1110
What is earned income.
*
*
*
*
*
(a) Wages—(1) Wages paid in cash—
general. Wages are what you receive
(before any deductions) for working as
someone else’s employee. Wages are the
same for SSI purposes as for the social
security retirement program’s earnings
test. (See § 404.429(c) of this chapter.)
Wages include salaries, commissions,
bonuses, severance pay, and any other
special payments received because of
your employment.
(2) Wages paid in cash to uniformed
service members. Wages paid in cash to
uniformed service members include
basic pay, some types of special pay,
and some types of allowances.
Allowances for on-base housing or
privatized military housing are
unearned income in the form of in-kind
support and maintenance. Cash
allowances paid to uniformed service
members for private housing are wages.
(3) Wages paid in kind. Wages may
also include the value of food, clothing,
shelter, or other items provided instead
of cash. We refer to this type of income
as in-kind earned income. However, if
you are a domestic or agricultural
worker, the law requires us to treat your
in-kind pay as unearned income.
*
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*
*
(c) * * * Refunds on account of
earned income credits are payments
made to you under the provisions of
section 32 of the Internal Revenue Code
of 1986, as amended. * * *
*
*
*
*
*
■ 3. Amend § 416.1112(c) as follows:
■ a. Remove the word ‘‘and’’ at the end
of paragraph (c)(8);
■ b. Remove the period at the end of
paragraph (c)(9) and add ‘‘; and’’ in its
place;
■ c. Add paragraph (c)(10) to read as
follows:
§ 416.1112
count.
Earned income we do not
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*
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(c) * * *
(10) Payments made to participants in
AmeriCorps State and National and
AmeriCorps National Civilian
Community Corps (NCCC). Payments to
participants in AmeriCorps State and
National and AmeriCorps NCCC may be
made in cash or in-kind and may be
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15:07 Sep 03, 2010
Jkt 220001
made directly to the AmeriCorps
participant or on the AmeriCorps
participant’s behalf. These payments
include, but are not limited to: Living
allowance payments, stipends,
educational awards, and payments in
lieu of educational awards.
■ 4. Amend § 416.1124 as follows:
■ a. Remove the word ‘‘and’’ at the end
of paragraph (c)(21);
■ b. Remove the period from the end of
paragraph (c)(22) and add ‘‘; and’’ in its
place; and
■ c. Add new paragraphs (c)(23) and
(c)(24) to read as follows:
§ 416.1210
general.
§ 416.1124
count.
54287
39 CFR Part 111
Unearned income we do not
*
*
*
*
*
(c) * * *
(23) AmeriCorps State and National
and AmeriCorps National Civilian
Community Corps cash or in-kind
payments to AmeriCorps participants or
on AmeriCorps participants’ behalf.
These include, but are not limited to:
Food and shelter, and clothing
allowances;
(24) Any annuity paid by a State to a
person (or his or her spouse) based on
the State’s determination that the person
is:
(i) A veteran (as defined in 38 U.S.C.
101); and
(ii) Blind, disabled, or aged.
■ 5. Amend § 416.1130 by adding the
following sentence to the end of
paragraph (b) to read as follows:
§ 416.1130
Introduction.
*
*
*
*
*
(b) How we define in-kind support
and maintenance. * * * In addition,
cash payments to uniformed service
members as allowances for on-base
housing or privatized military housing
are in-kind support and maintenance.
*
*
*
*
*
Subpart L—[Amended]
6. 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).
7. Amend § 416.1210 as follows:
a. Remove the word ‘‘and’’ at the end
of paragraph (u);
■ b. Remove the period from the end of
paragraph (v) and add ‘‘; and’’ in its
place; and
■ c. Add paragraph (w) to read as
follows:
■
■
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Exclusions from resources;
*
*
*
*
*
(w) Any annuity paid by a State to a
person (or his or her spouse) based on
the State’s determination that the person
is:
(1) A veteran (as defined in 38 U.S.C.
101); and
(2) Blind, disabled, or aged.
[FR Doc. 2010–22179 Filed 9–3–10; 8:45 am]
BILLING CODE 4191–02–P
POSTAL SERVICE
Submission of Electronic
Documentation With Comailed and
Copalletized Mailings
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 705 and 707 to require mailers
preparing comailed or copalletized
mailings, or mail owners who contribute
mailpieces to a consolidated comailed
or copalletized mailing, to submit
electronic documentation to the USPS®
by an approved method.
DATES: Effective Date: January 2, 2011.
FOR FURTHER INFORMATION CONTACT:
David Guinther at 202–268–7769 or
Kevin Gunther at 202–268–7208.
SUPPLEMENTARY INFORMATION: The
support of electronic documentation for
a comailed and copalletized mailing
enhances the electronic visibility of the
mailpiece, allows for a reduction in
postal handling, and improves
efficiency of USPS processing.
The Postal Service published a
proposed rule Federal Register notice,
Submission of Electronic
Documentation with Comailed and
Copalletized Mailings (75 FR 32143–
32145) on June 7, 2010.
This final rule will require comailed
and copalletized mailings to include
Intelligent Mail® tray labels on trays or
sacks. Intelligent Mail container
placards must also be used on pallets or
similar containers when making
comailed or copalletized mailings.
The Postal Service will accept piecelevel electronic documentation through
either of two methods—Mail.dat® or
Mail.XML®. The original container data,
included in the Mail.dat or Mail.XML
file, permit the tracking of containers
from their origin, through the
consolidation site, and ultimately into
USPS processing. These original
SUMMARY:
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]]>Agencies
[Federal Register Volume 75, Number 172 (Tuesday, September 7, 2010)]
[Rules and Regulations]
[Pages 54285-54287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22179]
=======================================================================
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Docket No. SSA-2009-0017]
RIN 0960-AD78
Improvements to the Supplemental Security Income Program--Heroes
Earnings Assistance and Relief Tax Act of 2008 (HEART Act)
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising our regulations to incorporate improvements to
the Supplemental Security Income (SSI) program made by the HEART Act.
The HEART Act changes the way we treat certain cash payments to members
of the uniformed services and veterans and the way we treat cash and
in-kind payments to AmeriCorps volunteers. In addition, we are making a
technical change to our rules to reflect the correct section of the
Internal Revenue Code.
DATES: These final rules are effective September 7, 2010.
FOR FURTHER INFORMATION CONTACT: Eric Skidmore, Office of Income
Security Programs, Social Security Administration, 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
We are revising our regulations to incorporate changes to the SSI
program made by sections 201-203 of the HEART Act, Public Law 110-245.
The HEART Act amended the SSI program with respect to SSI benefits
payable on or after September 1, 2008 by:
Treating certain cash payments to members of the uniformed
services as earned income, generally providing a higher SSI benefit
(section 201(a) of the HEART Act);
Excluding from countable income and resources certain
annuity payments paid by a State (section 202 of the HEART Act); and,
Excluding any cash or in-kind benefit provided by
AmeriCorps State and National and AmeriCorps National Civilian
Community Corps (NCCC) from countable income for SSI eligibility and
benefit determinations (section 203 of the HEART Act).
The primary goal of the SSI program is to ensure a minimum level of
income to persons who are aged 65 or older, blind, or disabled and who
have limited income and resources. The law provides that SSI payments
can be made only to persons who have income and resources below
specified amounts. Therefore, income and resources are major factors in
deciding SSI eligibility and the amount of any SSI payments.
The HEART Act changes the way we apply our earned income, unearned
income, and resource exclusion rules to uniformed services personnel,
veterans and their spouses, and AmeriCorps participants. Under the
HEART Act, some payments that we previously counted as unearned income
now count as earned income, and some payments are excluded altogether
for purposes of SSI eligibility and benefit determinations. Since the
changes made by the HEART Act were effective with respect to SSI
benefits payable beginning on or after September 1, 2008, we have
already updated our operational instructions. We also need to update
our rules in order to reflect these statutory changes.
Explanation of Changes
We are amending sections 416.1110, 416.1112, 416.1124, 416.1130(b),
and 416.1210 of our rules to reflect the changes mandated by sections
201, 202, and 203 of the HEART Act. In addition, we are making a
technical change to
[[Page 54286]]
section 416.1110(c) to reflect the correct section of the Internal
Revenue Code.
Uniformed Services Special Pay and Allowances
Before the HEART Act, we treated some non-wage cash payments to
uniformed service members, i.e., the military housing allowance paid to
uniformed service members who live in completely private housing, as
unearned income for SSI purposes. We are revising section 416.1110
(What is earned income.) to reflect section 201 of the HEART Act and
treat most cash payments to uniformed service members, including the
military housing allowance for completely private housing, as earned
income.
The HEART Act does not change, for SSI eligibility and benefit
determinations, the way we treat:
On-base housing and privatized military housing
allowances. We count these as in-kind support and maintenance (ISM).
Military service members receive a basic allowance to cover housing
costs in on-base housing, privatized military housing, or completely
private housing. Privatized military housing is developed and managed
by private companies under agreement with the military to provide
housing for service members, whereas completely private housing is not.
Combat-related military pay. We exclude this pay for an
SSI recipient from countable income, and we exclude from deeming
additional types of combat-related pay beyond special pay. 37 U.S.C.
310; 20 CFR 416.1124(c)(19) and 416.1161(a)(28). We 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.
State Annuities for Blind, Aged, or Disabled Veterans
Before the HEART Act, we counted State annuity payments as income
in the month received, and as a resource if retained into the following
month. We are revising sections 416.1124 (Unearned income we do not
count) and 416.1210 (Exclusions from resources; general) to reflect
section 202 of the HEART Act and exclude, for SSI eligibility and
benefit determinations, annuity payments that a State pays to a person
(or his or her spouse) because the State has determined that the person
is:
A veteran; and
Blind, disabled, or aged.
Under section 202 of the HEART Act, we exclude these payments from
income for the month received and from resources beginning with the
month after the month received.
AmeriCorps State and National and AmeriCorps NCCC Payments
Prior to the HEART Act, we treated cash or in-kind payments from
the AmeriCorps State and National and AmeriCorps NCCC programs as
countable income. We are revising sections 416.1112 (Earned income we
do not count) and 416.1124 (Unearned income we do not count) to reflect
section 203 of the HEART Act. For SSI eligibility and benefit
determinations, we will exclude from countable income any cash or in-
kind payments to program participants or on the AmeriCorps participants
behalf. Such payments may include, but are not limited to: Food and
shelter, stipends, living allowance payments, clothing allowances,
educational awards, and payments in lieu of educational awards.
Technical Section Change
We are also updating a citation in 20 CFR 416.1110(c), which
currently cites ``section 43 of the Internal Revenue Code of 1954, as
amended'' as authority for the earned income credit. We are updating
that citation to refer to section 32 of the Internal Revenue Code of
1986, as amended (26 U.S.C. 32). This change is technical in nature and
does not have any substantive impact on our policies or procedures.
Regulatory Procedures
We follow the Administrative Procedure Act (APA) rulemaking
procedures in 5 U.S.C. 553 when developing our regulations. The APA
provides exceptions to its prior notice and public comment procedures
when an agency finds that there is good cause for dispensing with such
procedures because they are impracticable, unnecessary, or contrary to
the public interest.
In the case of these rules, we have determined that, under 5 U.S.C.
553(b)(B), good cause exists for dispensing with the prior notice and
public comment procedures for the changes we are making because all of
these changes are required by the HEART Act. The statutory changes made
by the HEART Act are self-implementing provisions that do not give us
any discretion in implementing them. The statutory changes were
effective with respect to SSI benefits payable on or after September 1,
2008, and we have been following these provisions in accordance with
our operational instructions since they became effective. Therefore, we
have determined that notice and opportunity for comment prior to making
these changes is unnecessary.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of a substantive rule, provided for by 5
U.S.C. 553(d). As explained above, we are revising our title XVI rules
to reflect legislative provisions that are already in effect and that
we have been applying since they became effective. Without these
changes, our rules will not reflect current law or our operating policy
and procedures, and thus may mislead the public. Therefore, we find
that it is in the public interest to make these rules effective upon
publication.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that these final rules do not meet the criteria for a
significant regulatory action under Executive Order 12866 and were not
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
only affect individuals. 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 or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(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).
Dated: August 27, 2010.
Michael J. Astrue,
Commissioner of Social Security.
0
For the reasons stated in the preamble, we are amending subparts K and
L of chapter III of title 20 of the Code of Federal Regulations as set
forth below:
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED.
Subpart K--[Amended]
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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
[[Page 54287]]
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).
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2. In Sec. 416.1110, revise the section heading, paragraph (a) and
the first sentence of paragraph (c) to read as follows:
Sec. 416.1110 What is earned income.
* * * * *
(a) Wages--(1) Wages paid in cash--general. Wages are what you
receive (before any deductions) for working as someone else's employee.
Wages are the same for SSI purposes as for the social security
retirement program's earnings test. (See Sec. 404.429(c) of this
chapter.) Wages include salaries, commissions, bonuses, severance pay,
and any other special payments received because of your employment.
(2) Wages paid in cash to uniformed service members. Wages paid in
cash to uniformed service members include basic pay, some types of
special pay, and some types of allowances. Allowances for on-base
housing or privatized military housing are unearned income in the form
of in-kind support and maintenance. Cash allowances paid to uniformed
service members for private housing are wages.
(3) Wages paid in kind. Wages may also include the value of food,
clothing, shelter, or other items provided instead of cash. We refer to
this type of income as in-kind earned income. However, if you are a
domestic or agricultural worker, the law requires us to treat your in-
kind pay as unearned income.
* * * * *
(c) * * * Refunds on account of earned income credits are payments
made to you under the provisions of section 32 of the Internal Revenue
Code of 1986, as amended. * * *
* * * * *
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3. Amend Sec. 416.1112(c) as follows:
0
a. Remove the word ``and'' at the end of paragraph (c)(8);
0
b. Remove the period at the end of paragraph (c)(9) and add ``; and''
in its place;
0
c. Add paragraph (c)(10) to read as follows:
Sec. 416.1112 Earned income we do not count.
* * * * *
(c) * * *
(10) Payments made to participants in AmeriCorps State and National
and AmeriCorps National Civilian Community Corps (NCCC). Payments to
participants in AmeriCorps State and National and AmeriCorps NCCC may
be made in cash or in-kind and may be made directly to the AmeriCorps
participant or on the AmeriCorps participant's behalf. These payments
include, but are not limited to: Living allowance payments, stipends,
educational awards, and payments in lieu of educational awards.
0
4. Amend Sec. 416.1124 as follows:
0
a. Remove the word ``and'' at the end of paragraph (c)(21);
0
b. Remove the period from the end of paragraph (c)(22) and add ``;
and'' in its place; and
0
c. Add new paragraphs (c)(23) and (c)(24) to read as follows:
Sec. 416.1124 Unearned income we do not count.
* * * * *
(c) * * *
(23) AmeriCorps State and National and AmeriCorps National Civilian
Community Corps cash or in-kind payments to AmeriCorps participants or
on AmeriCorps participants' behalf. These include, but are not limited
to: Food and shelter, and clothing allowances;
(24) Any annuity paid by a State to a person (or his or her spouse)
based on the State's determination that the person is:
(i) A veteran (as defined in 38 U.S.C. 101); and
(ii) Blind, disabled, or aged.
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5. Amend Sec. 416.1130 by adding the following sentence to the end of
paragraph (b) to read as follows:
Sec. 416.1130 Introduction.
* * * * *
(b) How we define in-kind support and maintenance. * * * In
addition, cash payments to uniformed service members as allowances for
on-base housing or privatized military housing are in-kind support and
maintenance.
* * * * *
Subpart L--[Amended]
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6. 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).
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7. Amend Sec. 416.1210 as follows:
0
a. Remove the word ``and'' at the end of paragraph (u);
0
b. Remove the period from the end of paragraph (v) and add ``; and'' in
its place; and
0
c. Add paragraph (w) to read as follows:
Sec. 416.1210 Exclusions from resources; general.
* * * * *
(w) Any annuity paid by a State to a person (or his or her spouse)
based on the State's determination that the person is:
(1) A veteran (as defined in 38 U.S.C. 101); and
(2) Blind, disabled, or aged.
[FR Doc. 2010-22179 Filed 9-3-10; 8:45 am]
BILLING CODE 4191-02-P
