20 C.F.R. Subpart G—Reports Required
Title 20 - Employees' Benefits
Authority: Secs. 702(a)(5), 1611, 1612, 1613, 1614, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b, 1382c, and 1383); sec. 211, Pub. L. 93–66, 87 Stat. 154 (42 U.S.C. 1382 note).
Source: 46 FR 5873, Jan. 21, 1981, unless otherwise noted.
(a) Report provisions. The Social Security Administration, to achieve efficient administration of the Supplemental Security Income (SSI) program for the Aged, Blind, and Disabled, requires that you (or your representative) must report certain events to us. It is important for us to know about these events because they may affect your continued eligibility for SSI benefits or the amount of your benefits. This subpart tells you what events you must report; what your reports must include; and when reports are due. The rules regarding reports are in §§416.704 through 416.714. (b) Penalty deductions. If you fail to make a required report when it is due, you may suffer a penalty. This subpart describes the penalties; discusses when we may impose them; and explains that we will not impose a penalty if you have good cause for failing to report timely. The rules regarding penalties are in §§416.722 through 416.732. For purposes of this subpart— Essential person means someone whose presence was believed to be necessary for your welfare under the State program that preceded the SSI program. (See §§416.220 through 416.223 of this part.) Parent means a natural parent, an adoptive parent, or the spouse of a natural or adoptive parent. Representative payee means an individual, an agency, or an institution selected by us to receive and manage SSI benefits on your behalf. (See subpart F of this part for details describing when a representative payee is selected and a representative payee's responsibilities.) Residence in the United States means that your permanent home is in the United States. United States or U.S. means the 50 States, the District of Columbia, and the Northern Mariana Islands. We, Us, or Our means the Social Security Administration. You or Your means an applicant, an eligible individual, an eligible spouse, or an eligible child. [46 FR 5873, Jan. 21, 1981, as amended at 65 FR 16814, Mar. 30, 2000]
Title 20: Employees' Benefits
PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
Subpart G—Reports Required
Introduction
§ 416.701 Scope of subpart.
§ 416.702 Definitions.
Report Provisions
§ 416.704 Who must make reports.
(a) You are responsible for making required reports to us if you are—
(1) An eligible individual (see §416.120(c)(13));
(2) An eligible spouse (see §416.120(c)(14));
(3) An eligible child (see §§416.120(c)(13) and 416.1856); or
(4) An applicant awaiting a final determination upon an application.
(b) If you have a representative payee, and you have not been legally adjudged incompetent, either you or your representative payee must make the required reports.
(c) If you have a representative payee and you have been legally adjudged incompetent, you are not responsible for making reports to us; however, your representative payee is responsible for making required reports to us.
[46 FR 5873, Jan. 21, 1981, as amended at 51 FR 10616, Mar. 28, 1986]
§ 416.708 What you must report.
This section describes the events that you must report to us. They are—
(a) A change of address. You must report to us any change in your mailing address and any change in the address where you live.
(b) A change in living arrangements. You must report to us any change in the make-up of your household: That is, any person who comes to live in your household and any person who moves out of your household.
(c) A change in income. You must report to us any increase or decrease in your income, and any increase or decrease in the income of—
(1) Your ineligible spouse who lives with you;
(2) Your essential person;
(3) Your parent, if you are an eligible child and your parent lives with you; or
(4) An ineligible child who lives with you.
However, you need not report an increase in your Social Security benefits if the increase is only a cost-of-living adjustment. (For a complete discussion of what we consider income, see subpart K. See subpart M, §416.1323 regarding suspension because of excess income.)
(d) A change in resources. You must report to us any resources you receive or part with, and any resources received or parted with by—
(1) Your ineligible spouse who lives with you;
(2) Your essential person; or
(3) Your parent, if you are an eligible child and your parent lives with you. (For a complete discussion of what we consider a resource, see subpart L. See subpart M, §416.1324 regarding suspension because of excess resources.)
(e) Eligibility for other benefits. You must report to us your eligibility for benefits other than SSI benefits. See §§416.210 and 416.1330 regarding your responsibility to apply for any other benefits for which you may be eligible.
(f) Certain deaths. (1) If you are an eligible individual, you must report the death of your eligible spouse, the death of your ineligible spouse who was living with you, and the death of any other person who was living with you.
(2) If you are an eligible spouse, you must report the death of your spouse, and the death of any other person who was living with you.
(3) If you are an eligible child, you must report the death of a parent who was living with you, and the death of any other person who was living with you.
(4) If you are a representative payee, you must report the death of an eligible individual, eligible spouse, or eligible child whom you represent; and the death of any other person who was living in the household of the individual you represent.
(5) If you have a representative payee, you must report the death of your representative payee.
(g) A change in marital status. You must report to us—
(1) Your marriage, your divorce, or the annulment of your marriage;
(2) The marriage, divorce, or annulment of marriage of your parent who lives with you, if you are an eligible child;
(3) The marriage of an ineligible child who lives with you, if you are an eligible child; and
(4) The marriage of an ineligible child who lives with you if you are an eligible individual living with an ineligible spouse.
(h) Medical improvements. If you are eligible for SSI benefits because of disability or blindness, you must report any improvement in your medical condition to us.
(i) [Reserved]
(j) Refusal to accept treatment for drug addiction or alcoholism; discontinuance of treatment. If you have been medically determined to be a drug addict or an alcoholic, and you refuse to accept treatment for drug addiction or alcoholism at an approved facility or institution, or if you discontinue treatment, you must report your refusal or discontinuance to us.
(k) Admission to or discharge from a medical facility, public institution, or private institution. You must report to us your admission to or discharge from—
(1) A hospital;
(2) A skilled nursing facility;
(3) An intermediate care facility; or
(4) A public institution (defined in §416.201); or
(5) A private institution. Private institution means an institution as defined in §416.201 which is not administered by or the responsibility of a governmental unit.
(l) A change in school attendance. You must report to us—
(1) A change in your school attendance if you are an eligible child;
(2) A change in school attendance of an ineligible child who is at least age 18 but less than 21 and who lives with you if you are an eligible child; and
(3) A change in school attendance of an ineligible child who is at least age 18 but less than 21 and who lives with you if you are an eligible individual living with an ineligible spouse.
(m) A termination of residence in the U.S. You must report to us if you leave the United States voluntarily with the intention of abandoning your residence in the United States or you leave the United States involuntarily (for example, you are deported).
(n) Leaving the U.S. temporarily. You must report to us if you leave the United States for 30 or more consecutive days or for a full calendar month (without the intention of abandoning your residence in the U.S.).
(o) Fleeing to avoid criminal prosecution or custody or confinement after conviction, or violating probation or parole. You must report to us that you are—
(1) Fleeing to avoid prosecution for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State);
(2) Fleeing to avoid custody or confinement after conviction for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or
(3) Violating a condition of probation or parole imposed under Federal or State law.
[46 FR 5873, Jan. 21, 1981, as amended at 51 FR 10616, Mar. 14, 1986; 65 FR 40495, June 30, 2000; 68 FR 40124, July 7, 2003]
§ 416.710 What reports must include.
When you make a report you must tell us—
(a) The name and social security number under which benefits are paid;
(b) The name of the person about whom you are reporting;
(c) The event you are reporting and the date it happened; and
(d) Your name.
§ 416.712 Form of the report.
You may make a report in any of the ways described in this section.
(a) Written reports. You may write a report on your own paper or on a printed form supplied by us. You may mail a written report or bring it to one of our offices.
(b) Oral reports. You may report to us by telephone, or you may come to one of our offices and tell one of our employees what you are reporting.
(c) Other forms. You may use any other suitable method of reporting—for example, a telegram or a cable.
§ 416.714 When reports are due.
(a) A reportable event happens. You should report to us as soon as an event listed in §416.708 happens. If you do not report within 10 days after the close of the month in which the event happens, your report will be late. We may impose a penalty deduction from your benefits for a late report (see §§416.722 through 416.732).
(b) We request a report. We may request a report from you if we need information to determine continuing eligibility or the correct amount of your SSI benefit payments. If you do not report within 30 days of our written request, we may determine that you are ineligible to receive SSI benefits. We will suspend your benefits effective with the month following the month in which we determine that you are ineligible to receive SSI benefits because of your failure to give us necessary information.
[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]
Penalty Deductions
§ 416.722 Circumstances under which we make a penalty deduction.
A penalty deduction is made from your benefits if—
(a) You fail to make a required report on time (see §§416.708 and 416.714);
(b) We must reduce, suspend, or terminate your benefits because of the event you have not reported;
(c) You received and accepted an SSI benefit for the penalty period (see §§416.724 through 416.728 for penalty period definitions); and
(d) You do not have good cause for not reporting on time (see §416.732).
§ 416.724 Amounts of penalty deductions.
(a) Amounts deducted. If we find that we must impose a penalty deduction, you will lose from your SSI benefits a total amount of—
(1) $25 for a report overdue in the first penalty period;
(2) $50 for a report overdue in the second penalty period; and
(3) $100 for a report overdue in the third (or any following) penalty period.
(b) Limit on number of penalties. Even though more than one required report is overdue from you at the end of a penalty period, we will limit the number of penalty deductions imposed to one penalty deduction for any one penalty period.
§ 416.726 Penalty period: First failure to report.
(a) First penalty period. The first penalty period begins on the first day of the month you apply for SSI benefits and ends on the day we first learn that you should have made a required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of the first penalty period, but we will impose no more than one penalty deduction for the period.
(b) Extension of first penalty period. If you have good cause for not making a report on time (see §416.732), we will extend the first penalty period to the day when we learn that you should have made another required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of the extended first penalty period, but we will impose no more than one penalty deduction for the extended period.
[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]
§ 416.728 Penalty period: Second failure to report.
(a) Second penalty period. The second penalty period begins on the day after the first penalty period ends. The second penalty period ends on the day we first learn that you should have made a required report, but did not do so within 10 days after the close of the month in which the event happened. (The event may have happened during the first penalty period, with the reporting due date in the second penalty period. The due date and the failure to report on time are the important factors in establishing a penalty period.) There may be more than one required report overdue at the end of the second penalty period, but we will impose no more than one penalty deduction for the period.
(b) Extension of second penalty period. If you have good cause for not making a report on time (see §416.732), we will extend the second penalty period to the day when we learn that you should have made another required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of the extended second penalty period, but we will impose no more than one penalty deduction for the extended period.
[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]
§ 416.730 Penalty period: Three or more failures to report.
(a) Third (or a following) penalty period. A third (or a following) penalty period begins the day after the last penalty period ends. This penalty period ends on the day we first learn that you should have made a required report during the penalty period, but did not do so within 10 days after the close of the month in which the event happened. (The event may have happened during an earlier penalty period, with the reporting due date in the third (or a following) penalty period. The due date and the failure to report on time are the important factors in establishing a penalty period.) There may be more than one required report overdue at the end of a penalty period, but we will impose no more than one penalty deduction for any one penalty period.
(b) Extension of third (or a following) penalty period. Just as with the first and second penalty periods, if you have good cause for not making a report on time during the third (or a following) penalty period (see §416.732), we will extend the penalty period to the day when we learn that you should have made another required report, but did not do so within 10 days after the close of the month in which the event happened. There may be more than one required report overdue at the end of an extended penalty period, but we will impose no more than one penalty deduction for any one extended penalty period.
[46 FR 5873, Jan. 21, 1981, as amended at 50 FR 48573, Nov. 26, 1985]
§ 416.732 No penalty deduction if you have good cause for failure to report timely.
(a) We will find that you have good cause for failure to report timely and we will not impose a penalty deduction, if—
(1) You are “without fault” as defined in §416.552; or
(2) Your failure or delay in reporting is not willful. “Not willful” means that—
(i) You did not have full knowledge of the existence of your obligation to make a required report; or
(ii) You did not intentionally, knowingly, and purposely fail to make a required report.
However, in either case we may require that you refund an overpayment caused by your failure to report. See subpart E of this part for waiver of recovery of overpayments.
(b) In determining whether you have good cause for failure to report timely, we will take into account any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) you may have.
[59 FR 1636, Jan. 12, 1994]
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