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1 1 (January 31, 2024)

handle is hein.crs/goveoeq0001 and id is 1 raw text is: Congressional Research Service Inforrning the legislitive debate since 1914 January 31, 2024 Supplemental Security Income During and After Incarceration Background Certain people who are incarcerated are not eligible for Supplemental Security Income (SSI) payments but may be able to receive them once released. There is congressional interest in ensuring that eligible people-including eligible individuals with disabilities and low incomes leaving prison-are able to access SSI payments if they meet program rules while also making sure that SSI payments are made only to those who qualify for them. This In Focus explains how incarceration affects eligibility for SSI and the process for starting or resuming SSI payments following incarceration. The SSI program-administered by the Social Security Administration (SSA)-provides monthly cash payments to people who (1) have qualifying disabilities or blindness or are age 65 or older; (2) have little or no income and resources; and (3) meet certain other eligibility criteria in federal law. SSI is intended to provide eligible individuals with a guaranteed minimum income for meeting basic needs, such as food and shelter. There are no work or contribution requirements to qualify for SSI payments. However, because the program is based on need (i.e., means-tested), it is restricted to people whose countable income and resources are (and remain) below statutorily prescribed limits. Can People Receive SSI Whle Incarcerated? Although there are some exceptions for certain medical facilities, individuals are generally ineligible for SSI in any calendar month during which they reside for the entire month in public institutions. Public institutions are certain facilities operated or controlled by government entities that typically serve four or more individuals and provide some treatment or services in addition to food and shelter. Public institutions include federal, state, and local jails and prisons, as well as certain facilities operated by private entities acting as agents of federal, state, or local penal authorities, such as private prisons, halfway houses, and juvenile treatment centers. Because SSI payments are designed to provide individuals with a minimum income to meet their basic needs for food and shelter, individuals residing in public institutions that provide them with food and shelter have been determined not to require SSI payments under current law. As such, individuals cannot receive SSI payments if they are incarcerated for at least one full calendar month-for example, from May 1 through May 31. Individuals incarcerated for less than one full calendar month are eligible for SSI, provided they meet all other program rules. SSI-eligible individuals incarcerated for more than 30 or 31 continuous days that occur in two different months-for example, from April 29 through May 30-remain eligible for SSI until they have been continuously incarcerated from the first day of a month through the last day of the same month. Individuals are also generally ineligible for SSI in any month during which they are fleeing to avoid prosecution, custody, or confinement for a felony (or an attempt to commit a felony). Under current policy, SSA does not suspend or deny SSI payments based solely on a probation or parole violation. What Happens to Recipients' SSI Payments When They Are Incarcerated? Individuals receiving SSI payments at the time they are incarcerated will have their SSI payments suspended on the first day of the month after the first full calendar month that they are incarcerated. For example, if an SSI recipient is incarcerated on May 1 and is still incarcerated on May 31, the recipient's SSI payments would be suspended on June 1. After 12 consecutive months of SSI payment suspension, SSI recipients are generally terminated from the program and would need to reapply to resume SSI payments after incarceration. Incarcerated SSI recipients who have their payments suspended for fewer than 12 consecutive months can generally have their SSI payments reinstated-on the earliest day of the month in which they are released from incarceration and meet all other eligibility requirements- without having to reapply for SSI. If-after a period of ineligibility that is less than 12 months-individuals regain SSI eligibility partway through a month, their SSI payments are sometimes prorated from the date their eligibility resumes until the end of the month. SSI recipients are prohibited from receiving any past-due SSI payments (i.e., underpayments) while they are incarcerated. For example, if-before being incarcerated for more than a full calendar month-a former SSI recipient received a lower monthly SSI payment than was owed in any month, the individual cannot be repaid the underpaid benefits until being released from incarceration. Hw De SS an SSI Because SSI is a means-tested program, individuals' SSI eligibility is periodically redetermined-and their monthly payments may be adjusted-based on changes in their income, resources, living arrangements, and certain other factors. SSI recipients are responsible for reporting to SSA any changes in their circumstances that might affect their eligibility for SSI or their monthly payment amounts, including admission to public institutions.

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