SSR 78-16: Exclusion of the Home in Determination of Resources
To revise current policy to exclude the home, without regard to its value, in determining the resources of an individual.
Section 1613(a) of the Social Security Act, as amended by Section 5 of Public Law (P.L. 94-569; Regulations No. 16, Sections 416.1210(a) and 416.1212.
Prior to the enactment of P.L. 94-569 on October 20, 1976, Section 1613(a)(1) of the Social Security Act provided that, in determining the resources of an individual (and eligible spouse, if any) there shall be excluded the home (including the land that appertains thereto) to the extent its value does not exceed such amount as the Secretary determines to be reasonable. In July 1973, during the course of developing policy to implement the above provision, the Secretary determined, for supplemental security income resource exclusion purposes, that the reasonable value of a home is $25,000 ($35,000 in Alaska and Hawaii).
This section of the act was amended effective October 20, 1976, to eliminate the authority of the Secretary to set limits on the value of a home which a person can own and still be eligible for supplemental security income.
POLICY DIRECTIVE STATEMENT:
In determining the resources of an individual (and spouse, if any) the home (including the land appertaining thereto) shall be excluded regardless of value.
The revised policy does not change existing policy with respect to the definition of a home (regulations section 416.1212(b)) or any other aspect of resource policy.
A collateral issue involves the reevaluation of the policy with respect to the exclusion from resources of income-producing property associated with the home that is essential to self-support. Until the policy on self-support is changed, the current policy mandated by the decision of the Under Secretary on January 15, 1974, will continue to apply.
Claims Manual Section 12500ff.