Section 218-RICR-20-00-5.1 - Introduction5.1.1AuthorityA. The Department of Human Services (DHS) administers the State supplemental portion of monthly Supplemental Security Income (SSI) benefits to eligible residents of Rhode Island. The Social Security Administration (SSA) sends the Federal portion of SSI benefits. The DHS issues a separate payment for the State Supplemental Payment (SSP). 1. DHS is responsible for income eligibility determinations for those who are denied Federal SSI due to excess income ( 20 C.F.R. Part 416, Subparts K and D Income, Subpart L Resources). DHS is also responsible for disability determinations on those denied Federal SSI due to excess income but eligible for an SSP. If the individual does not meet the resource limits set in 20 C.F.R. § 416.1205, he/she is not eligible for an SSI payment, Federal or State.2. Payment levels are established by specific categories which indicate living arrangement.3. DHS administers the State supplemental portion for the following living arrangements: a. Category A - Individual or Couple in Own Householdb. Category B - Individual or Couple in Another's Householdc. Category E - Individual or couple in Title XIX FacilityB. SSA administers the State supplemental portion for SSI recipients in the following living arrangement: 1. Category D - Individual in Residential Care/Assisted Living5.1.2Legal BasisA. Supplemental Security Income Program 1. The Supplemental Security Income (SSI) Program, Title XVI of the Social Security Act, established by Pub. Laws 92-603, as amended, provides, on a national basis, a minimum income level for persons sixty-five (65) or over, or blind, or disabled persons who do not have sufficient income and resources to maintain themselves at the Federal minimum income level. a. The SSI Program, administered by the Federal government through the Social Security Administration and financed from the General Fund of U.S. Treasury, became effective January 1, 1974 and replaced Titles I, X, XIV, and XVI of the Social Security Act, 42 U.S.C. Chapter 7, which had provided assistance to aged, blind, and disabled persons under State administration.B. State Supplemental Payments 1. Federal law requires the states to provide a mandatory supplement to those persons who, in December 1973 under the old programs, were receiving a payment greater than the new Federal minimum level. Rhode Island, however, established a level of payment greater than the Federal minimum payment and made it available to all eligible persons.2. Under the terms of an agreement with the U.S Social Security Administration, all SSI recipients are categorically eligible for Medicaid health coverage under Title XIX of the Social Security Act, 42 U.S.C. § 1634. Recipients also receive social services through a Social Services Block Grant.a. Assistance is available for moving expenses, needs resulting from an emergency of a catastrophic nature, residence in a licensed sheltered care facility, and for burial when the criteria for these services have been met. Homemaking Services are available to qualified individuals under the Social Services Program (§§ 7.4 and 7.5 of this Subchapter).b. Essential spouses of eligible SSI recipients who were included in the Aid to the Aged, Blind and Disabled (AABD) payment in December 1973 are grandfathered into the SSI program. Essential spouses will be included in the SSI payment of the eligible SSI person as long as his/her eligibility continues.218 R.I. Code R. 218-RICR-20-00-5.1
Amended effective 1/1/2019
Amended effective 6/2/2019
Amended effective 3/2/2022
Amended effective 2/18/2023
Amended effective 11/2/2023
Amended effective 12/17/2023