20 C.F.R. Subpart S—Interim Assistance Provisions
Title 20 - Employees' Benefits
Authority: Secs. 702(a)(5) and 1631 of the Social Security Act (42 U.S.C. 902(a)(5) and 1383).
Source: 46 FR 47449, Sept. 27, 1981, unless otherwise noted.
(a) General. This subpart explains that we may withhold your SSI benefit and/or State supplementary payments and send them to the State (or a political subdivision of the State) as repayment for interim assistance it gave you while your application for SSI was pending, or while your SSI benefits were suspended or terminated if you are subsequently found to have been eligible for such benefits. Before we will do this, the State must have entered into an interim assistance agreement with us authorizing such reimbursement, and you must have given written authorization for us to repay the State (or a political subdivision of the State). (b) Organization of this subpart. We have organized this subpart as follows: (1) Definitions. Section 416.1902 contains definitions of terms used in this subpart. (2) Authorizations. Sections 416.1904 through 416.1908 give the rules that apply to your written authorization. (3) Interim assistance agreements. Section 416.1910 gives the requirements for interim assistance agreements between us and the State. (4) Appeals. Sections 416.1920 through 416.1922 describe your appeal rights in the State and in SSA. [46 FR 47449, Sept. 27, 1981, as amended at 56 FR 19262, Apr. 26, 1991] For purposes of this subpart— Authorization means your written permission, in a form legally acceptable to us and to the State from which you received interim assistance, for us to withhold the appropriate SSI benefit payment and send it to the State. Interim assistance means assistance the State gives you, including payments made on your behalf to providers of goods or services, to meet your basic needs, beginning with the first month for which you are eligible for payment of SSI benefits and ending with, and including, the month your SSI payments begin, or assistance the State gives you beginning with the day for which your eligibility for SSI benefits is reinstated after a period of suspension or termination and ending with, and including, the month the Commissioner makes the first payment of benefits following the suspension or termination if it is determined subsequently that you were eligible for benefits during that period. It does not include assistance the State gives to or for any other person. If the State has prepared and cannot stop delivery of its last assistance payment to you when it receives your SSI benefit payment from us, that assistance payment is included as interim assistance to be reimbursed. Interim assistance does not include assistance payments financed wholly or partly with Federal funds. SSI benefit payment means your Federal benefit and any State supplementary payment made by us to you on behalf of a State (see subpart T of this part) which is due you at the time we make the first payment of benefits or when your benefits are reinstated after suspension or termination. Advance payment, as defined in §416.520, payment based upon presumptive disability or presumptive blindness, as defined in §416.931, or certain payments made under the administrative immediate payment procedure, are not considered SSI benefit payments for interim assistance purposes. State for purposes of an interim assistance agreement, means a State of the United States, the District of Columbia, or the Northern Mariana Islands. For all other purposes (for example, payment, appeals, notices) State also means a political subdivision of any of these. We, Us, or Our means the Social Security Administration. You or Your means someone who has applied for or is already receiving SSI benefits. [46 FR 47449, Sept. 28, 1981; 46 FR 50947, Oct. 16, 1981, as amended at 56 FR 19262, Apr. 26, 1991; 56 FR 25446, June 4, 1991; 62 FR 38455, July 18, 1997; 64 FR 31975, June 15, 1999]
Title 20: Employees' Benefits
PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
Subpart S—Interim Assistance Provisions
Introduction
§ 416.1901 Scope of subpart S.
§ 416.1902 Definitions.
Authorizations
§ 416.1904 Authorization to withhold SSI benefits.
We may withhold your SSI benefit payment and send it to the State to repay the State for the interim assistance it gave to you, if—
(a) We have an interim assistance agreement with the State at the time your authorization goes into effect; and
(b) Your authorization is in effect at the time we make the SSI benefit payment.
§ 416.1906 When your authorization is in effect.
Your authorization for us to withhold your SSI benefit payment, to repay the State for interim assistance the State gives you, is effective when we receive it, or (if our agreement with the State allows) when we receive notice from the State that it has received your authorization. It remains in effect until—
(a) We make the first SSI benefit payment on your initial application for benefits or, in the case of an authorization effective for a period of suspense or termination, until the initial payment following the termination or suspension of your benefits.
(b) We make a final determination on your claim (if your SSI claim is denied, the denial is the final determination, unless you file a timely appeal as described in subpart N of this part);
(c) You and the State agree to terminate your authorization; or
(d) If earlier than the event in paragraph (a), (b), or (c) of this section, the date (if any) specified in your authorization.
[46 FR 47449, Sept. 27, 1981, as amended at 56 FR 19262, Apr. 26, 1991]
§ 416.1908 When we need another authorization.
Once an event described in §416.1906 occurs, your authorization is no longer effective. If you reapply for SSI benefits, or the authorization has expired, the State must obtain a new authorization from you in order for us to repay the State for interim assistance it gives you.
Interim Assistance Agreements
§ 416.1910 Requirements for interim assistance agreement.
An interim assistance agreement must be in effect between us and the State if we are to repay the State for interim assistance. The following requirements must be part of the agreement:
(a) SSA to repay the State. We must agree to repay the State for interim assistance it gives you. Repayment to the State takes priority over any underpayments due you (see §§416.525 and 416.542).
(b) State to pay any excess repayment to you. The State must agree that, if we repay it an amount greater than the amount of interim assistance it gave to you, the State will—
(1) Pay the excess amount to you no later than 10 working days from the date the State receives repayment from us; or
(2) Refund the excess amount to us for disposition under the rules in subpart E of the this part on payment of benefits if the State cannot pay it to you (for example, you die or you move and the State cannot locate you).
(c) State to notify you. The State must agree to give you written notice explaining—
(1) How much we have repaid the State for interim assistance it gave you;
(2) The excess amount, if any, due you; and
(3) That it will give you an opportunity for a hearing if you disagree with State's actions regarding repayment of interim assistance.
(d) Duration of the agreement. We and the State must agree to the length of time that the agreement will remain in effect.
(e) State to comply with other regulations. The State must agree to comply with any other regulations that we find necessary to administer the interim assistance provisions.
Appeals
§ 416.1920 Your appeal rights in the State.
Under its interim assistance agreement with us, the State must agree to give you an opportunity for a hearing if you disagree with the State's actions regarding repayment of interim assistance. For example, you are entitled to a hearing by the State if you disagree with the State regarding the amount of the repayment the State keeps or the amount of any excess the State pays to you. You are not entitled to a Federal hearing on the State's actions regarding repayment of interim assistance.
§ 416.1922 Your appeal rights in SSA.
If you disagree with the total amount of money we have withheld and sent to the State for the interim assistance it gave to you, you have a right to appeal to us, as described in subpart N of this part.
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