Code of Federal Regulations
(a) General. We might spend a one-time crisis advance re re payment to a person initially obtaining advantages that is presumptively entitled to SSI benefits and that has an emergency that is financial. The actual quantity of this re re re payment cannot go beyond the Federal advantage price (see В§В§ 416.410 through 416.414) and the federally administered State supplementary payment, if any (see В§ 416.2020), which submit an application for the month which is why the payment is created. Crisis advance re payment is defined in paragraph (b)(1) with this area. The real repayment quantity is computed as explained in paragraph (c) for this area. An urgent situation advance re re payment is definitely an advance of advantages anticipated to be due that is recoverable as explained in paragraphs (d) and ( ag ag ag e) of the area.
(b) concept of terms. For purposes with this subpartвЂ”
(1) crisis advance payment means a primary, expedited re payment with a personal protection management field workplace to a person or partner who’s initially using (see paragraph (b)(3) of the area), that is at least presumptively eligible (see paragraph (b)(4) with this area), and who’s a monetary crisis (see paragraph (b)(2) of the part).
(2) Financial crisis could be the economic status of somebody who has inadequate earnings or resources to meet up with a sudden threat to wellness or security, including the not enough meals, clothes, shelter, or care that is medical.
(3) Initially using means the filing of a software (see В§ 416.310) which calls for a preliminary determination of eligibility, for instance the application that is first SSI advantages or a credit card applicatoin filed subsequent up to a previous denial or termination of the previous amount of eligibility for re re payment. An individual or partner who formerly received a crisis advance payment in a previous amount of eligibility which terminated may again get this type of re re re payment she reapplies for SSI and meets the other conditions for an emergency advance payment under this section if he or.
(4) Presumptively eligible may be the status of a person or partner who presents strong proof of the possibilities of fulfilling all the needs for eligibility such as the earnings and resources tests of eligibility (see subparts K and L with this component), categorical eligibility (age, disability, or loss of sight), and technical eligibility (United States residency and citizenship or alien statusвЂ”see subpart P of the component).
(c) Computation of re payment quantity. The maximum amount described in paragraph (a) of this section is compared to both the expected amount payable for the month for which the payment is made (see paragraph (c)(1) of this section) and the amount the applicant requested to meet the emergency to compute the emergency advance payment amount. The real repayment quantity is a maximum of the smallest amount of of these three quantities.
(1) In computing the crisis advance re re re payment quantity, we use the month-to-month earnings counting guidelines right for the thirty days which is why the advance is compensated, as explained in В§ 416.420. Generally speaking, the thirty days which is why the advance is compensated could be the thirty days by which its compensated. Nonetheless, in the event that advance is paid into the thirty days the applying is filed, the month which is why the advance is compensated is known as to end up being the very first month of anticipated eligibility for re re payment of advantages.
(2) For a couple, we compute each member separately’s crisis advance re payment quantity.
(d) data Recovery of crisis advance re payment where eligibility is made. Whenever a person or spouse is decided to meet the requirements and retroactive re re payments are due, any crisis advance re re payment quantities are recovered in complete through the payment( that is first) certified into the usa Treasury try this site. But, if no payments that are retroactive due and advantages are just due in the future months, any crisis advance re re payment quantities are restored through proportionate reductions in those advantages during a period of no more than half a year. (See paragraph ( ag ag e) of the part if the person or spouse is decided become ineligible.)
( ag ag e) Disposition of crisis advance re payments where eligibility just isn’t founded. In case a presumptively qualified person (or partner) or few is decided become ineligible, the crisis advance payment is really a overpayment that is recoverable. (look at exception in В§ 416.537(b)(1) whenever re re re payment is manufactured on such basis as presumptive impairment or presumptive loss of sight.)
55 FR 4422, Feb. 8, 1990; 55 FR 7411, Mar. 1, 1990, as amended at 64 FR 31974, 15, 1999 june