Title XVI Supplemental Security Income (SSI)

AB 2906, ACL 25-27

SSI benefits are paid under three categories:

Aged (over 65),
Blind (the benefits are higher), and
Disabled (at any age, including newborns).

In this topic, SSI/SSP refers to the three categories listed above. To qualify for SSI the child or youth must be a U.S. citizen or qualified immigrant. The individual must be medically determinable with physical or mental condition(s) that seriously limits their activities, and the condition must have lasted, or is expected to last at least one year or result in death. The child will undergo a Child Sequential Evaluation which is a three step process reviewed by the Social Security Administration (SSA) examiner.

SSI is a “need based” public assistance program. The program is designed to provide income to individuals with limited income and resources to meet basic needs for food, clothing and shelter.

Rates

The rates for SSI benefits are established by the SSA. This includes any increases with cost-of-living adjustments. There is also the Federal Benefit Rate (FBR and an Optional State Supplement (OSS. The OSS rate is also known in California as the State Supplementary Payment (SSP which is established for Non-Medical Out-of-Home Care (NMOHC. The current rates can be found at SSI Payment Standard January 1, 2025 in the Charts Handbook Chapter 6.

Note: In this chapter SSI/SSP benefits will be referred to as SSI.

Children under 18 are eligible for the NMOHC payments when the following conditions apply:

Blind residing in a state licensed facility,
Blind residing in the home of a relative who is not his/her parent or legal guardian/conservator,
Disabled residing in a state facility,
Disabled residing in the home of a legal guardian/conservator who is not his/her relative,
Disabled residing in the home of a relative who is not his/her parent,
Blind or disabled in a county certified or approved foster family home (includes relatives that are not parents and court dependent legal guardians), and
Youth in the participating in the extended foster care (EFC program at the age of 18 residing in a licensed/certified foster care home.

Note: Non-Minor Dependents (NMDs) in a SILP may not be eligible for NMOHC payments because in many instances they are their are own payee for FC benefits.

Income and Income Limits

The value of countable resources must not exceed $2,000 except for dedicated accounts (Maintenance of Benefits). When income exceeds the maximum amount eligibility for SSI is lost. The SWC must ensure the SSI accounts do not exceed the income limits.

A child or youth in FC may have exempted unearned income in the amount of $20. When the child/youth is receiving SSI benefits and other unearned income, they may receive the maximum SSI (including SSP) rate plus an additional $20.

SSI Applications

Before applying for any SSA benefits, the non-minor dependent (NMD) must consent to an application being filed on their behalf.
Before applying to be appointed as the child's account representative payee for SSA benefits, the Analyst must send a written notice of the intent to be appointed to the child’s attorney and parents or legal guardians.

An application for SSI Benefits is made at any time for a potentially eligible child or youth who enters the foster care system as a court dependent under the supervision of the Department of Family and Children's Services (DFCS), or a ward under the supervision of Juvenile Probation Department (JPD). This provision extends to dependent non-related legal guardianships (NRLG).

When the child receiving SSI benefits becomes a dependent or a ward of the court, the Analyst, with the assistance of the assigned SW/PO, will complete an application to become the authorized representative payee (ARP) of those benefits. Additionally, when an FC EW discovers a court dependent or ward is receiving SSI, the EW must begin completing the SSA-11-BK and submit it to the Analyst for completion. The Analyst will finish the application to become the ARP.

SSA considers a child disabled if:

The child has a physical or mental impairment (or combination of impairments):

That causes marked and severe functional limitations
That has lasted, or is expected to last, for at least 12 consecutive months or result in death.

A child is presumptively disabled due to:

Amputation
Deafness
Wheelchair or bed-bound
Cerebral Palsy
Downs Syndrome or obvious mental disability
Prematurity with low birth weight
HIV/AIDS.

Protective Application Filing Date

The SSI protective filing date may be established based on either a written statement of intent to file or oral inquiry about the SSI eligibility.

If it is appropriate to file an application,the Analyst will complete a Protective Filing Date Memo to SSA form (SCD 2455) and fax the memo SSA. This document will establish the filing date of the SSI application. The protective filing date provides the earliest filing date possible for the claimant. The protective filing date does not have to be the same date as the initial application. In most cases, the application is completed after the protective filing date, but the beginning date is the protective filing date.

Non-Medi-Cal Out of Home Care (NMOHC)

California pays an OSS or SSP when an individual needs non-medical care or supervision in the following situations:

Children and NMDs Under Age 21:

Blind or disabled residing in a state licensed facility
Disabled residing in the home of a relative (out-of-home placement approved by DFCS or JPD) who is not a parent
Blind or disabled in a certified or approved foster family home
Blind or disabled in a certified home approved by a Foster Family Agency (FFA.

When a child is placed in out-of-home care (all FC placements), the SWC must submit the Authorization for Non-Medical Out-of-Home Care form (SSP 22) along with the application. The SSP 22 is a request for a higher SSI rate and as a best practice must be submitted with all court ordered out-of-home placements. SSA will determine if the child or youth is eligible for the NMOHC benefit.

Eligible SSI Receiving Non-Federal AFDC-FC

Children or youth eligible for non-federal AFDC-FC funding can receive SSI benefits and AFDC-FC at the same time. Their SSI benefits are abated against the FC rate and any excess is passed-on to the provider with the joint efforts of the SW and the assigned SW/PO. The benefits are monitored by the Analyst.

Continuing Disability Reviews (CDR)

SSA periodically reviews eligibility for SSI benefits to decide if the claimant still meets the disability standard. The law requires SSA to perform medical CDRs approximately every 3 years. In some cases, the CDR is scheduled more often and in other cases in which the likelihood of improvement is small or not at all, the CDR may be waived.

When SSA performs a CDR, they will ask the Analyst to show evidence that the child is, and has been, receiving treatment that is medically necessary and available treatment for their condition.

Note: If the Analyst is informed that the child’s medical condition has changed, they must immediately inform SSA (Responsibilities of the Authorized Representative Payee (ARP).

Suspended Benefits Due to Excessive Income or Resources

Suspension of benefits payments is required when a recipient no longer meets the requirements of eligibility and termination does not apply. When the amount of countable income or resources of the child exceeds the SSI limit, then the SSI benefit will be put in “suspense.”

Countable Income may include the following:

Earned Income from wages that are more that $1,780 per month for a student under 22
Unearned Income, including SSA benefits.

Resources Include the following:

Cash
Bank accounts and saving bonds.

Note: The above countable income and resources is an abbreviated list pertaining to children and youth in the foster care system. For a complete list visit www.ssa.gov.

Suspension of payments due to excess of income is effective with the first month in which the “countable income” equals or exceeds the benefits amount otherwise payable for such month. The rule applies regardless of the month in which the income is received.

SSI benefits can remain in suspense for 12 consecutive full calendar months. During the 12-month period, if the countable income becomes less than the SSI benefit rate, then the SSI payment will be reinstated or resumed without filing a new SSI application. The Analyst is required to provide evidence that child or youth meets the requirement to have benefits restored.

The ARP must contact SSA to provide the necessary information to re-establish benefits before the 12-month period expires. In the event the SSI benefits remain in suspense for 12 full consecutive months, the SSI benefits will be terminated. The termination is effective with the start of the 13th month after the suspension began. At this point a new application is required.