SSA-8000: Living Arrangements

About Living Arrangements

Since SSI is based on need, where a person is living is an important part of the application. SSA looks at all resources that may provide more than basic needs.

• Many housing situations include additional services beyond shelter, such as medical services, or other supports.
• Living arrangement can affect the amount of the SSI benefit. 
  • The full SSI benefit amount, known as the Federal Benefit Rate (FBR) changes annually. See SSA Annual Updates for up-to-date information.

Four Types Considered

There are four types of living arrangements used by SSA. People experiencing homelessness are included in the "A" living arrangement category. 

Documentation

• Rental agreement or receipts
• Lease
• Mortgage papers

Living Arrangement Types

“A” Living Arrangement

This living arrangement includes individuals who:

• Are homeless or transient
• Live in qualifying transitional housing
  • Some medical and social services provided by government programs may not be considered in-kind support and maintenance; check with your local field office.
• Own or rent (including room and board or Section 8 housing)
• Are in a Non-Institutional protective placement such as foster care, adult foster care, or family care
• May be eligible for the full monthly Federal Benefit Rate (FBR)

“B” Living Arrangement

This category applies to individuals receiving food and shelter throughout a month in another person's household. SSA refers to this support as In-kind Support and Maintenance (ISM).

• For example, a person living rent-free in his parents' house throughout the month will have their SSI benefits reduced for ISM.
• If the individual is receiving shelter and all meals, the FBR is reduced by one-third.
• If the individual is receiving only shelter/household expenses, the FBR is reduced by the lesser of: one-third plus $20 or the actual value of the ISM (if it can be documented by the applicant).

A Loan Agreement Can Affect Whether ISM is Charged

Shelter provided to an individual under the terms of a bona fide loan agreement are not counted as ISM, but as a loan of ISM. An individual may be eligible for the full FBR if all of the following requirements of the bona fide loan agreement are met:

1. Status of the loan is made clear as an oral or in a written loan agreement signed by both parties and is enforceable under State law.
2. The loan agreement must be established at the time ISM is provided; the obligation for repayment cannot be established after shelter is provided.
3. Creditor expects repayment and the borrower acknowledges an obligation to repay the loan, whether or not the borrower ultimately receives anticipated SSA benefits.
4. The loan agreement must include a plan or schedule for repayment, and the borrower’s express intent to repay the loan by selling or transferring real or personal property, or with current income or anticipated income; the plan should state the amount borrowed and the repayment terms.
5. The plan or schedule for repayment must be feasible based on the amount of the loan, current or anticipated income, and the individual’s monthly living expenses.

Additionally, when developing a loan agreement, note:

• The applicant should be charged the same amount that the person providing ISM would charge anyone for shelter.
• If an individual borrows cash and alleges that the cash is for shelter, this is a cash loan, not a loan of ISM

Elements of a Sample Rental Loan Agreement

• Where the person will live (“________ will live in my home”)
• Conditions of repayment
• Amount to be repaid
• Amount charged for rent and other services
• A clear statement by the lender that this is the amount they would charge anyone in a similar situation
• A clear statement by the applicant acknowledging that they understand the arrangement and agree to make back payments and future payments
• Click here to see a Sample Rental Loan Agreement. The SSA-5064 - Claimant's Statement About Loan for Shelter can be completed by the applicant.

Institutional Living Arrangement

Institutional settings include state hospitals, jails, prisons, hospitals and nursing homes. Benefits can be suspended or terminated when a person is residing in one of these institutions depending on the length of time they are there.

State Institutional Settings

These can include state hospitals, jails, and prisons.

• If a person is incarcerated or hospitalized after receipt of benefits, benefits may be suspended or terminated.
• Pre-release applications can be submitted within 30 days of discharge or release.

Suspended Benefits

If incarcerated or hospitalized for more than a full calendar month, benefits may be suspended.

• Person must be in an institution from the 1^st of the month through the last day of the month.
• If a person is in an institution for a month, but not a full calendar month (for example between November 15 and December 15), benefits are not suspended, but they may be prorated.
• Benefits may be reinstated at time of release or discharge.

Termination of Benefits

If an individual is hospitalized or incarcerated for 12 consecutive months or longer, SSI benefits are terminated.

• A new application is required.
• Applications can be submitted using SSA’s pre-release procedures.
• Payment of benefits does not begin until the person returns to the community.
• Living arrangements are determined upon release.

Institutions and Release

Individuals returning to their communities from jail or prison and state hospitals must provide SSA with documentation of legal release or discharge.

• Institutions can establish informal or formal Pre-Release Agreements with local SSA offices to submit applications 90–120 days prior to the expected discharge date.
• This can greatly facilitate re-entry planning.

Hospitalization and Nursing Home Exceptions

If a person receiving SSI enters a hospital or nursing home, will be released within 90 days, and needs to maintain benefits to keep housing, a doctor can write a statement attesting to this.

• Full SSI payments may continue for that period.
• This statement should be provided as soon as possible upon entering the facility.
• It must be submitted before discharge or the 90^th day, whichever is earlier.

Medical Treatment Facilities

This living arrangement designation is for individuals living in institutions, such as nursing homes, where Medicaid is paying for care.

• These individuals may receive an SSI benefit amount of $30 per month to cover personal expenses only.
• Some states provide a small supplement to this amount.