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Three Ways to Avoid a Reduction in SSI Benefits Due to In-Kind Support and Maintenance (ISM)

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Special Needs Alliance
Three Ways to Avoid a Reduction in SSI Benefits Due to In-Kind Support and Maintenance (ISM)

Only individuals with limited income and assets are eligible for Supplemental Security Income, known as SSI. (Do not confuse SSI and Social Security Disability Insurance (SSDI) which is a very different program.) If an individual who receives SSI is given cash by a friend or a family member or even by the trustee of a special needs trust for the benefit of that individual, the SSI benefit will be reduced dollar-for-dollar.


Example 1: Assume Martha has a daughter named Daphne. Martha gives Daphne $1,000 in the month of January to pay rent. Daphne would lose her SSI for the month because of the receipt of that cash which exceeds her SSI benefit of $943 in 2024.


The purpose of the SSI benefit is to pay for food and shelter. Therefore, when the individual on SSI receives food and/or shelter from someone else, the Social Security Administration treats that as “in-kind support and maintenance” or ISM. Like cash, it can reduce SSI benefits but in a different way than cash gifts. Instead, when the individual receives ISM, the SSI benefit will be reduced dollar-for-dollar but only up to a maximum of one-third of the SSI benefit and in some cases, a $20 general disregard applies (this is called the Presumed Value Rule).


Example 2: Assume that Daphne lives with Martha rent-free. The Social Security Administration will request information to determine the value of rent-free living. Assuming it is greater than one third of the full Federal Benefit Rate ($943 in 2024), instead of receiving $943, Daphne’s SSI will be reduced by one-third ($943 – $314.33 = $628.67). Daphne will receive a check for $628.67.


Example 3: If Martha pays the landlord $1,000 directly, then Daphne’s SSI will be reduced by one-third plus she will receive a $20 disregard. ($943 – $314.33 + $20 = $648.67).


Due to the complexity of the ISM rules for SSI, it is highly recommended for SSI recipients and their families to consult with legal professionals for guidance on how the rules specifically relate to their circumstances and to explore potential strategies to minimize or alleviate ISM reductions.


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