[Code of Federal Regulations]

[Title 20, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR416.110]



[Page 832-833]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

               CHAPTER III--SOCIAL SECURITY ADMINISTRATION

 

PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED

--Table of Contents

 

       Subpart A_Introduction, General Provisions and Definitions

 

Sec.  416.110  Purpose of program.



    The basic purpose underlying the supplemental security income 

program is to assure a minimum level of income for people who are age 65 

or over, or who are blind or disabled and who do not have sufficient 

income and resources to maintain a standard of living at the established 

Federal minimum income level. The supplemental security income program 

replaces the financial assistance programs for the aged, blind, and 

disabled in the 50 States and the District of Columbia for which grants 

were made under the Social Security Act. Payments are financed from the 

general funds of the United States Treasury. Several basic principles 

underlie the program:

    (a) Objective tests. The law provides that payments are to be made 

to aged, blind, and disabled people who have income and resources below 

specified amounts. This provides objective measurable standards for 

determining each person's benefits.

    (b) Legal right to payments. A person's rights to supplemental 

security income payments--how much he gets and under what conditions--

are clearly defined in the law. The area of administrative discretion is 

thus limited. If an applicant disagrees with the decision on his claim, 

he can obtain an administrative review of the decision and if still not 

satisfied, he may initiate court action.

    (c) Protection of personal dignity. Under the Federal program, 

payments are made under conditions that are as protective of people's 

dignity as possible. No restrictions, implied or otherwise, are placed 

on how recipients spend the Federal payments.

    (d) Nationwide uniformity of standards. The eligibility requirements 

and the Federal minimum income level are identical throughout the 50 

States and the District of Columbia. This provides assurance of a 

minimum income base on which States may build supplementary payments.

    (e) Incentives to work and opportunities for rehabilitation. Payment 

amounts are not reduced dollar-for-dollar for work income but some of an 

applicant's income is counted toward the eligibility limit. Thus, 

recipients are encouraged to work if they can. Blind and disabled 

recipients with vocational rehabilitation potential are referred to the 

appropriate State vocational rehabilitation agencies that offer 

rehabilitation services to enable them to enter the labor market.

    (f) State supplementation and Medicaid determinations. (1) Federal 

supplemental security income payments lessen the variations in levels of 

assistance and provide a basic level of assistance throughout the 

nation. States are required to provide mandatory minimum State 

supplementary payments beginning January 1, 1974, to aged, blind, or 

disabled recipients of assistance for the month of December 1973 under 

such State's plan approved under title I, X, XIV, or XVI of the Act in 

order for the State to be eligible to receive title XIX funds (see 

subpart T of this part). These payments must be in an amount sufficient 

to ensure that individuals who are converted to the new program will not 

have their income reduced below what it was under the State program for 

December 1973. In addition, each State may choose to provide more than 

the Federal supplemental security income and/or mandatory minimum State 

supplementary payment to whatever extent it finds appropriate in view of 

the needs and resources of its citizens or it may choose to provide no 

more than the mandatory minimum



[[Page 833]]



payment where applicable. States which provide State supplementary 

payments can enter into agreements for Federal administration of the 

mandatory and optional State supplementary payments with the Federal 

Government paying the administrative costs. A State which elects Federal 

administration of its supplementation program must apply the same 

eligibility criteria (other than those pertaining to income) applied to 

determine eligibility for the Federal portion of the supplemental 

security income payment, except as provided in sec. 1616(c) of the Act 

(see subpart T of this part). There is a limitation on the amount 

payable to the Commissioner by a State for the amount of the 

supplementary payments made on its behalf for any fiscal year pursuant 

to the State's agreement with the Secretary. Such limitation on the 

amount of reimbursement is related to the State's payment levels for 

January 1972 and its total expenditures for calendar year 1972 for aid 

and assistance under the appropriate State plan(s) (see subpart T of 

this part).

    (2) States with Medicaid eligibility requirements for the aged, 

blind, and disabled that are identical (except as permitted by Sec.  

416.2111) to the supplemental security income eligibility requirements 

may elect to have the Social Security Administration determine Medicaid 

eligibility under the State's program for recipients of supplemental 

security income and recipients of a federally administered State 

supplementary payment. The State would pay half of Social Security 

Administration's incremental administrative costs arising from carrying 

out the agreement.



[39 FR 28625, Aug. 9, 1974, as amended at 53 FR 12941, Apr. 20, 1988; 62 

FR 38454, July 18, 1997]