POMS Reference

This change was made on Jun 8, 2018. See latest version.
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SI 00870.008: Plan to Achieve Self-Support (PASS) Exclusions

changes
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  • Effective Dates: 09/19/2014 - Present
  • Effective Dates: 06/08/2018 - Present
  • TN 9 (07-00)
  • TN 16 (06-18)
  • SI 00870.008 Exclusions Under A PASS
  • SI 00870.008 Plan to Achieve Self-Support (PASS) Exclusions
  • A. Policy -- pass exclusions
  • A. Policy
  • 1. Duration of PASS Exclusion
  • 1. Duration of PASS exclusion
  • Income and resources set aside under an approved PASS are excluded from countable income and countable resources as long as the plan is in effect. See SI 00870.050B.3. for a discussion of how an amendment to a plan may affect excluded income/resources. See SI 00870.070 for a discussion about counting excluded income/resources when a plan is suspended or terminated.
  • In calculating Supplemental Security Income (SSI) payment amounts, we exclude income and resources set aside under an approved Plan to Achieve Self-Support (PASS) from countable income and resources as long as the plan is active. In order to prevent overpayments, the exclusions should not extend more than one month after the month of the next scheduled progress review (see SI 00870.055). An amendment to a plan may affect the excluded income and resources (see SI 00870.050B.3). See SI 00870.070 for a discussion about counting excluded income and resources when a plan is suspended or terminated.
  • 2. When Income and Resources are Considered Set Aside
  • 2. When income and resources are considered set-aside
  • Income and resources are set aside when they are used to pay for an expense, including expenses already incurred (see SI 00870.007B.2.), or when they are saved for a future expense. Any set aside monies must be identifiable from other funds, particularly, when funds are being conserved for a future use. (See SI 01130.700 for a discussion about commingled funds.)
  • Income and resources are set aside when they are:
  • * used to pay for current PASS expenses; or
  • * used to pay for previously incurred expenses (see SI 00870.007B.2); or
  • * saved for a future expense.
  • 3. Set Aside Income
  • A PASS participant must keep set-aside PASS funds distinguishable from other monies, particularly when the participant is saving for future expenses.
  • Income may not be set aside under a PASS if resources to be set aside exceed the planned expenditures.
  • 3. Set-aside income
  • Earned and unearned income, including any income deemed to the individual or any in-kind support and maintenance valued under the presumed maximum value (PMV) rule, is excluded under an approved PASS when the income is set aside for planned expenditures. (See SI 00835.300 for information about the PMV and SI 01320.140 when deemed income is involved.)
  • A beneficiary cannot set aside income that exceeds the planned expenditures in an approved PASS.
  • EXCEPTION: The PASS income exclusion cannot be used to reduce the value of the one-third reduction (VTR).
  • In calculating SSI payment amounts for PASS, we will exclude:
  • * earned and unearned income, including
  • * any income deemed to the beneficiary, or
  • * any in-kind support and maintenance valued under the presumed maximum value (PMV) rule.
  • 4. Set Aside Resources
  • (See SI 00835.300 for information about the PMV and SI 01320.140 when deemed income is involved.)
  • Resources owned by the individual or deemed to the individual are excluded when they are set aside for planned expenditures or to be used directly in the job (e.g., equipment).
  • EXCEPTION: The PASS income exclusion cannot reduce the value of the one-third reduction (VTR).
  • B. Procedure -- excluding pass income and resources
  • 4. Set-aside resources
  • 1. Excluding PASS Resources
  • In calculating SSI payment amounts for PASS, we will exclude resources owned by or deemed to the beneficiary,
  • Apply the PASS resource exclusion if the item cannot be otherwise excluded.
  • Additionally, we will exclude resources when the beneficiary plans to use them directly in the work (e.g., business equipment) involved in the approved PASS.
  • 2. Excluding PASS Income
  • B. Procedure – excluding PASS income and resources
  • Apply the PASS income exclusion last, per the specified order of exclusions in SI 00820.500 (earned income) and in SI 00830.050 (unearned income). Apply the exclusion against unearned income first with any remaining PASS exclusion applied to earned income.
  • 1. Excluding PASS income
  • * Apply the PASS income exclusion per the specified order of exclusions in SI 00820.500 (earned income) and in SI 00830.050 (unearned income).
  • * Apply the exclusion against unearned income first with any remaining PASS exclusion applied to earned income.
  • 2. Excluding PASS resources
  • * Apply the PASS resource exclusion if we cannot exclude the resource under other provisions.
  • * Exclude a bank account if the beneficiary uses the account solely for PASS.
  • C. POMS references
  • Earned Income Exclusions, SI 00820.500 ff.
  • SI 00820.500 Earned Income Exclusions – General
  • Unearned Income Exclusions, SI 00830.001 ff.
  • SI 00830.001 General Information on Unearned Income for Unearned Income Exclusions
  • Resource Exclusions, SI 01130.510
  • SI 01130.510 Resources Set Aside as Part of a Plan for Achieving Self-Support
  • Systems Input of PASS Exclusion, SM 01005.170 for initial claims and
  • SM 01005.170 Earned Income and Exclusions for initial claims, and
  • SM 01305.105 for posteligibility situations
  • SM 01305.105 Type and ID, subsection C for post-eligibility situations