CCH Inc., Wolters Kluwer, 10 January 2006, SSA to implement portion of SSPA regarding report receipts
Section 432 changed the way the SSA decides if a claimant is eligible for the student earned income exclusion. Additionally, the agency will apply the student earned income exclusion when determining the countable income of an ineligible spouse or ineligible parent.
The SSA is also changing the SSI student policy to include home schooling as a form of regular school attendance in order to unify its policy on home schooling under Title XVI with the policy under Title II that has allowed home schooling.
Expansion of student earned income exclusion.
Recipients of Supplemental Security Income (SSI) benefits under Title XVI are subject to income and asset limitations in order to maintain eligibility. Ordinarily, if an individual has only earnings income, than he or she could earn up to $1,331 per month and still be eligible for an SSI benefit (although earnings above $900 per month would give rise to a presumption that the individual is engaging in substantial gainful activity and would disqualify the individual from receiving SSI disability benefits unless he or she were blind).
In an effort to further expand the number of persons who can benefit from the student earned income exclusion, the SSA is also amending Reg. 416.1861 to add home schooling conducted in accordance with a home school law of a state or other jurisdiction as a form of regular school attendance for purposes of student earned income eligibility.
Unless otherwise specified above, the new regulations became effective December 18, 2006.