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Fix SSI spousal deeming for in-kind support and for aged, blind or disabled spouses who are not eligible #10243

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@hua7450

What

Two federal SSI defects in couple and spousal-deeming cases. Both came up while answering the review of PR 10165 (Oklahoma SSP).

1. Spousal deeming uses the $20 general exclusion twice when the eligible spouse has in-kind support

ssi_income_deemed_from_ineligible_spouse measures the deemed amount as couple countable income minus the eligible spouse's countable income alone. Neither figure includes in-kind support and maintenance (ISM). ssi_countable_income then adds the ISM to the eligible spouse's own countable income, which takes its own $20 exclusion.

The deeming steps in 20 CFR 416.1163 combine the eligible spouse's income with the ineligible spouse's deemed income and apply the $20 exclusion once.

Probe (2026-01, Oklahoma):

  • Household: aged claimant who receives outside shelter support (PMV 258.50) and a 62-year-old spouse with $700 a month of Social Security.
  • Model: countable income is 918.50 (238.50 + 680), so SSI is 572.50.
  • One exclusion: 258.50 + 700 − 20 = 938.50, so SSI would be 552.50.

2. The couple classification ignores whether the aged, blind or disabled spouse is eligible

ssi_claim_is_joint, is_ssi_eligible_spouse and is_ssi_ineligible_spouse look only at aged, blind or disabled status. A spouse who doesn't take up SSI, or is barred for immigration status, still gets a couple computation. 20 CFR 416.1160(d) and 416.1801(c) define an ineligible spouse as one who is not eligible for SSI, and deeming then applies (POMS SI 00501.154).

Probe (2026-01):

  • Household: aged claimant with $500 a month of Social Security, and an aged spouse with $300 a month who doesn't take up SSI.
  • Model: a couple computation, (500 + 300 − 20) / 2 = 390, so the claimant's SSI is 745.50 − 390 = 355.50.
  • Under deeming: the spouse's $300 is at most the $497 allocation, so nothing is deemed and SSI would be 994 − 480 = 514.

Activity

  1. self-assigned this
    on Oct 15, 2026
  2. hua7450 commented on Oct 29, 2026

    @hua7450
    CollaboratorAuthor

    The same gap applies to parents. is_ssi_ineligible_parent keys on aged, blind or disabled status (~is_ssi_aged_blind_disabled & ...). As a result, an aged, blind or disabled parent who is not eligible for SSI deems nothing to an eligible child. 20 CFR 416.1160(d) makes such a parent an ineligible parent, and 416.1165 deems that parent's income.

    Example from the review of #10240 (TX, 2026). The child is a disabled citizen aged 10, and the parent earns $36,000 in wages:

    Parent Deemed to the child Child's January SSI
    Not aged, blind or disabled $5,562 a year $550.50
    Disabled, and a permanent resident with 20 quarters (fails SSI's noncitizen test) $0 $994
    Disabled citizen whose income is too high for SSI $0 $994

    In the last two rows, deeming should apply as in the first row.

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