SSI to Remove Food as In-Kind Support and Maintenance

On March 27, 2024, the Social Security Administration published a final rule in the Federal Register which changes its calculation of In-Kind Support and Maintenance (ISM). Under the prior rule, if food and/or shelter is provided to a recipient of Supplemental Security Income (SSI), the income is deemed to the recipient, reducing his or her SSI payment. In 2024, the SSI rate is $943 per month, so if someone provides food and/or shelter, the ISM calculation can reduce the individual’s SSI payment by 1/3 plus $20. Beginning September 30, 2024, food will no longer be included in the calculation.

The rule summary is as follows:

We are updating our Supplemental Security Income (SSI) regulations to remove food from the calculations of In-Kind Support and Maintenance (ISM). We are also adding conforming language to our definition of income. These changes simplify our rules by making them less cumbersome to administer and easier for the public to understand and follow, and they improve the equitable treatment of food assistance within the SSI program. This final rule also includes other minor revisions to our regulations related to income, including clarifying our longstanding position that income may be received “constructively.”

DATES: This final rule will be effective September 30, 2024