Important Update to SSI: Providing Food to SSI Recipients
SSI, or Supplemental Security Income, is a public benefit that is both income and resource-tested. For those who are either receiving SSI or have a loved one receiving SSI, the rules have been updated. Previously, there was a confusing rule that reduced the public benefit payment amount and often resulted in the inability to fully participate in everyday activities, like dining in restaurants, for fear of loss of public benefits. Thanks to the new rule change, the application of the reduction rules has been greatly relaxed.
Hyden Zakheim, LLP
NEW RULE: Provision of Food Will No Longer Reduce Cash Benefit
Effective September 30, 2024, the provision of food to a person receiving SSI will no longer reduce their cash benefit.
The new rule removes food from the definition of in-kind support and maintenance items. Under the old rules, if food that was considered an in-kind support and maintenance item was provided to an SSI recipient, the amount of cash benefit the recipient received would be reduced.
Now, treating an SSI recipient to a meal or providing much-needed nutrition in the case of food insecurity is no longer taboo. With this new rule change, we hope to see much more participation for those individuals living with disabilities, who are receiving SSI, participating in typical life events. Also, we hope that the fear associated with the risk to public benefits when asking for help with food insecurity will be diminished. This is an especially important law update for those persons serving as a trustee for a special needs trust.
If you have any questions regarding the application of this new rule change in the setting of a special needs trust, please contact our estate planning attorneys at Hyden Zakheim, LLP.