Food No Longer In-Kind Support and Maintenance for SSI Benefits

The new rule we first reported on in our May 2024 Blog became effective September 30, 2024, a blessing to Supplemental Security Income (“SSI”) recipients who are subject to what’s called the In-Kind Support and Maintenance (“ISM”) rules.

The premise of the ISM rules is that an SSI recipient must use her monthly SSI check (only $964 in 2024) to pay for her own food and shelter. If a third party (including a trust) pays the SSI recipient (directly or indirectly) for food or shelter, whether in cash, food, shelter, or something that can be converted to food or shelter, then under the ISM rules the SSI recipient’s monthly SSI check is reduced or eliminated based on the value of the third party payments and an applicable methodology from Social Security.

Until September 30, 2024 food counted in the ISM calculations. Now it does not.

Why does this matter? Not only does it simplify reporting and minimize ISM reductions to only for shelter, but – importantly – it helps to preserve an SSI recipient’s health insurance, Medicaid. In Delaware SSI recipients are categorically eligible for Medicaid. If a person loses her SSI, she loses her Medicaid.

For many of our readers, this issue hits extremely close to home. Our readers for whom this issue matters are our disabled clients and their families.

Many if not most of our disabled clients either: 1) now receive SSI, or 2) did receive SSI before their parent retired or died, at which point the child started receiving Child’s Insurance Benefits on their parent’s Social Security work record if their parent’s work record was sufficient.

          Following are links to applicable law:

https://secure.ssa.gov/apps10/reference.nsf/links/09252024015358PM

https://secure.ssa.gov/apps10/reference.nsf/links/09202024102751AM

https://www.govinfo.gov/content/pkg/FR-2024-03-27/pdf/2024-06464.pdf

In summary, from the Social Security Administration:

EM-24048 - Omitting Food from In-Kind Support and Maintenance Calculations

Summary: This emergency message (EM) is to inform Regional and Field Office staff that we are omitting food from our calculations of in-kind support and maintenance (ISM) as of 09/30/2024. This means that food is no longer part of the pro rata share calculation on the household contribution screen located within the SSI Claims System path. We will determine ISM and a claimant’s pro rata share by only calculating a claimant’s shelter expenses and contributions. The definition of in-kind income now notes the exception that we are eliminating food from our calculations of ISM.

For our May 2024 Blog see:

https://www.eaels.com/blog/food-no-longer-to-be-considered-in-kind-support-and-maintenance-for-ssi-benefits.