An eligible qualified individual with an essential person in the household receives an amount of SSI that is increased by an increment for the essential person. All of the essential person's income is deemed to the qualified individual.
None of the exclusions from income that apply to an ineligible spouse or parent and are listed in §2167.3 apply to an essential person except those exclusions provided by Federal statutes other than the Social Security Act.
The resources of an essential person are deemed to the qualified individual. Restitution payments for Social Security and Supplemental Security Income benefits that were misused by certain representative payees are excluded from the essential person's resources for the 9 months after the restitution is received. If the amount of income or resources to be deemed would make the qualified individual ineligible, or if the qualified individual so chooses, the essential person and the increment are not considered in computing the SSI payment. Once either of these situations occurs, the essential person cannot be reinstated later.
If you are absent from a permanent living arrangement that is with an essential person, the essential person deeming rules continue to apply during a temporary absence. The absence cannot exceed six months, even if for hospitalization.
Last Revised: Apr. 12, 2010