§ 299.36. Eligibility requirements for SSP-only.

 (a)  Eligibility requirements. The Commonwealth will administer and pay an optional SSP to an individual or a couple as follows:

   (1)  Categories. The individual or couple may be eligible for SSP-Only if the individual or each member of the couple is one of the following:

     (i)   Aged—65 years of age or older.

     (ii)   Blind under 20 CFR Part 416, Subpart I (relating to determining disability and blindness).

     (iii)   Disabled under 20 CFR Part 416, Subpart I.

   (2)  Additional requirements. In addition to paragraph (1), the individual or each member of the couple shall:

     (i)   Meet the residency requirements under §  147.23 (relating to requirements).

     (ii)   Be a United States citizen or a qualified alien under 20 CFR Part 416, Subpart P (relating to residence and citizenship). A qualified alien shall meet the eligibility requirements under section 401 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.A. §  1612) regarding limited eligibility of qualified aliens for certain Federal programs.

     (iii)   Meet SSI resource requirements under 20 CFR Part 416, Subpart L (relating to resources and exclusions).

     (iv)   Meet income requirements under 20 CFR Part 416, Subpart K (relating to income) except that:

       (A)   Countable income must be less than the combined total of the FBR and the maximum allowable SSP for the eligible individual or couple.

       (B)   Countable income is adjusted dollar for dollar against the appropriate SSP amount in §  299.37 (relating to optional SSP levels), plus the FBR.

     (v)   Meet enumeration requirements under §  155.2 (relating to general).

     (vi)   Meet redetermination requirements under 20 CFR 416.204 (relating to redeterminations of SSI eligibility).

     (vii)   Cooperate in verifying all eligibility requirements including age, residence, citizenship, employment, income and resources as specified under §  201.4 (relating to procedures).

     (viii)   Consent to the disclosure of information that is in the possession of third parties and necessary for the SSP eligibility determination.

 (b)  Determining eligibility for SSP-Only. The Department will determine the eligibility of an individual or couple for SSP-Only when one of the following occurs:

   (1)  SSA notification of excess income for SSI. The SSA notifies the Department that the individual or couple is ineligible for SSI due to excess income.

   (2)  Application for SSP-Only. The individual or each member of the couple applies for SSP-Only through the Department.

     (i)   If the Department determines that countable income of the individual or couple exceeds SSI eligibility limits, the Department will determine eligibility for SSP-Only.

     (ii)   If the Department determines that countable income of the individual or couple is within SSI eligibility limits, the Department will refer the individual or couple to the SSA. In that event, the individual or each member of the couple shall cooperate in establishing eligibility for SSI.

     (iii)   For the individual or couple referred to the SSA, failure to cooperate in establishing eligibility for SSI will result in ineligibility for an SSP.

 (c)  Effective date. The effective date of eligibility for SSP-Only is one of the following:

   (1)  SSA application. The first full month following the month of the SSI application date for the individual or each member of the couple that is denied SSI.

   (2)  Department application. The first full month following the month the SSP-Only application is received by the Department under subsection (b)(2)(i).

 (d)  Primary source of information for SSP-Only. The individual or couple is the primary source of information under §  201.1 (relating to policy).

 (e)  Medicaid. The individual or each member of the couple that is eligible for SSP-Only is also eligible for Medicaid under §  141.1 (relating to policy).

 (f)  Representative payee. The Department will appoint a representative payee for an individual or each member of the couple eligible for SSP-Only if a representative payee would be applicable under 20 CFR Part 416, Subpart F (relating to representative payment).

Authority

   The provisions of this §  299.36 amended under sections 201(2), 403(b), 403.1 and 432(2) of the Public Welfare Code (62 P. S. § §  201(2), 403(b), 403.1 and 432(2)).

Source

   The provisions of this §  299.36 amended April 13, 2012, effective July 1, 2011, 42 Pa.B. 2007. Immediately preceding text appears at serial pages (310016) and (347741) to (347742).

Cross References

   This section cited in 55 Pa. Code §  299.11 (relating to mandatory and optional SSPs); 55 Pa. Code §  299.34 (relating to representative payment).



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