452-2        BUDGETING EXCEPTION FOR SSI CASES IN WHICH AN INELIGIBLE SPOUSE RECEIVES INCOME

SSI does not have a separate payment standard for couple, one eligible, cases.  Instead, SSA uses different budgeting methods to determine the amount of the SSI payment to the eligible spouse depending on the amount of the ineligible spouse's income.  The APA payment also depends on how the SSI payment is calculated.  If there is any question about how SSI is calculating the SSI benefit, the case worker should contact the servicing SSA Field Office.

Below is policy for calculating APA payments in couple cases where only one spouse is eligible for APA.

452-2 A.   INELIGIBLE SPOUSE’S INCOME EQUAL TO OR LESS THAN THE DIFFERENCE BETWEEN SSI Supplemental Security Income STANDARDS

If the income of the ineligible spouse, after all available income exclusions and allocations have been applied, is equal to or less than the difference between the SSI Supplemental Security Income payment standard for an eligible couple and the standard for an eligible individual, the ineligible spouse's income is not counted.  Only the income of the SSI Supplemental Security Income recipient is subtracted from the SSI Supplemental Security Income payment standard for an individual to determine the amount of the SSI Supplemental Security Income payment.

In this situation, the APA payment is calculated using the SSI Supplemental Security Income payment standard for an individual, plus the amount of income the ineligible spouse received in the SSI Supplemental Security Income budget month after all available income exclusions and allocations have been applied.  (Remember that certain income exclusions, such as the $20 general income exclusion, may only be applied once per couple.)

Example:  (based on 2004 payment standards)

In July, Mrs. Johnson, a married APA recipient in an independent living arrangement, receives a monthly SSI benefit of $564.  Mrs. Johnson lives with her ineligible spouse and their minor child.  The ineligible spouse receives unearned income of $400 each month.  The household receives no other income.

SSI Payment Calculation.  The ineligible spouse's income, after subtracting the $282 income allocation for an ineligible child (calculated according to section 460-5A), is $118 ($400 - $282 = $118).  Since the ineligible spouse's remaining income is less than $282 (the difference between the SSI payment standard for an eligible couple and an eligible individual), SSA does not count the ineligible spouse's income.  Only the income of the SSI recipient is compared to the SSI payment standard for an individual when calculating the amount of the SSI benefit.  Mrs. Johnson has no income of her own, so her monthly SSI benefit is $564.

APA Payment Calculation.  To calculate the amount of the APA benefit, the ineligible spouse's income is combined with the SSI payment standard for an individual, SSI "A" living arrangement.  The ineligible spouse's countable income is reduced by the income allocation for an ineligible child, and by the $20 general income exclusion.  (The $20 general income exclusion was not used in determining the SSI benefit, so it may be applied to the ineligible spouse's income.)

$ 1,085  APA couple, one eligible, independent living standard
$    564  SSI individual, "A" living arrangement standard
-$     98  Ineligible spouse's income, less the ineligible child allocation
             and the $20 general income exclusion
             ($400 - $282 = $118.  $118 - $20 = $98)
=$  423 APA payment

452-2 B.   INELIGIBLE SPOUSE’S INCOME IS MORE THAN THE DIFFERENCE BETWEEN SSI STANDARDS

If the income of the ineligible spouse, after all available income exclusions and allocations have been applied, is more than the difference between the SSI payment standard for an eligible couple and the standard for an eligible individual, SSA calculates the SSI payment by combining the couple's income and subtracting the combined amount, after all income exclusions and allocations have been applied, from the SSI payment standard for an eligible couple.

In this situation, the APA payment is calculated in the normal manner, using the SSI Supplemental Security Income payment standard for an eligible couple as the net countable APA income.

Example:  (based on 2004 payment standards)

A similar situation to the example in section A above, except that, instead of $400, the ineligible spouse receives $600 unearned income each month.
SSI Payment calculation.  The ineligible spouse's income, after subtracting the income allocation for an ineligible child, is $318 ($600 - $282 = $318).  Since the ineligible spouse's income, after subtracting the income allocation, is more than $282 (the difference between the SSI payment standard for an eligible couple and an eligible individual), the couple's combined countable income, after subtracting all possible income allocations and exclusions, is compared to the SSI payment standard for an eligible couple when determining the SSI payment amount.

APA Payment Calculation.  To calculate the amount of the APA benefit, the SSI payment standard for an eligible couple is subtracted from the APA couple, one eligible payment standard.

$ 1,085    APA couple, one eligible, independent living standard
- $    846    APA net countable income (SSI "A" living
                arrangement standard for an eligible couple)
=$    239   APA payment