218 R.I. Code R. 218-RICR-20-00-5.2

Current through November 7, 2024
Section 218-RICR-20-00-5.2 - Administration and Organization
A. Where to Apply
1. SSI Office - Information relative to eligibility requirements for the SSI Program can be obtained by contacting the appropriate Social Security Administration office. To find the nearest office call the Social Security Office at 1-800-772-1213 or online at www.socialsecurity.gov. Individuals eligible for an SSI benefit are automatically eligible for an SSP.
2. DHS Office - Information relative to eligibility requirements for the SSP Program can be obtained by calling 1-855-MY-RI-DHS (1-855-697-4347).
3. Individuals/couples who wish to apply for a State-only Supplemental Payment must first apply at the SSA office to determine SSI eligibility.
B. Standards of Assistance
1. The Rhode Island Federal Supplemental Security Income and State Supplemental Payment Rates Table, § 5.6 of this Part, details the payment rates for Federal SSI and the State Supplemental Payment for an individual/couple in each of the approved Federal living arrangements for SSI/SSP.
2. The SSA administers the optional SSP for:
a. Category D - Individual in an assisted living residential care setting.
(1) In this category, an individual must be screened, assessed, and certified by DHS, or their agents, to be residing in a residential care/assisted living facility.
(2) All individuals who received this category payment level in October 1998 or November 1998 are exempt from the screening, assessment, and certification process.
3. State-Only Supplemental Calculation - State-only supplemental payments are calculated based on the countable income of the individual or couple.
a. An individual/couple who has countable income over the Federal cap but below the total cap may be eligible for the State-only Supplemental Payment.
b. Countable income and resources are calculated consistent with provisions established in 210-RICR-40-00-3.2 and 210-RICR-40-00-3.5.
c. The amount of the payment for Category D varies depending on countable income. Combined SSI and SSP payments may change annually as results of Federal adjustments to the SSI monthly payment. The State optional payment amount is fixed in statute at R.I. Gen. Laws § 40-6-27(a)(1) and is up to three hundred thirty-two dollars ($332.00) per month for Category D. The SSP amounts do not change annually. The Federal Benefit Rate, which serves as the income eligibility for Category D, is the total or combined amount of the SSI monthly rate plus the SSP rate for each Category.
C. SSI/SSP Payment Distribution
1. SSI recipients will continue to receive Federal SSI payments from the SSA in the manner determined by the SSA.
2. SSI/SSP recipients will receive two (2) separate payments; one (1) from the Federal SSI and one (1) from the State for the SSP. Recipients will receive payments in the manner they receive their SSI benefit.
3. State-only supplemental payments for new recipients starting January 1, 2011 are distributed in check only.
D. Replacement of State Supplemental Payment Checks
1. Replacement of the Lost Checks
a. When a recipient reports to the agency that he/she has not received an SSP check, or that such check was lost or destroyed after its receipt in the mail, a stop payment order shall be issued after verifying that the bank has not cashed the check.
b. A replacement check is scheduled for the next scheduled monthly payroll.
2. Replacement of Stolen Checks
a. When a recipient reports that they have not received an SSP check and maintains that he/she did not cash or receive money from the check, he/she signs both copies of the Forged Check Affidavit (original signatures only).
b. If the recipient acknowledges having cashed the check or received money from it, the agency begins the process to recover the overpayment and determines if criminal prosecution is warranted.
3. Undeliverable Checks/Checks Returned by the Post Office
a. If the SSP is undeliverable to the recipient and is returned by the Post Office, the agency will attempt to contact the recipient.
(1) If contact cannot be made with the recipient, the SSP account will be suspended and notice of the closure will be sent to the recipient.
b. In order to have the case re-opened, the applicant/recipient should contact the DHS and fill out a new enrollment form to ensure the recipient qualifies for SSP.
4. Bank Rejection of Direct Deposit
a. Individuals or couples who receive direct deposit for their SSI payment will continue to have direct deposit for their SSP.
b. Replacement checks are issued in the next scheduled monthly payroll.
E. Retroactive Payments
1. The State will provide retroactive SSP payments back to the date an application for an individual or couple whose eligibility was either improperly denied or reduced in payment.
2. Retroactive payments will not be made for a period exceeding twelve (12) months.
F. Appeal and Fair Hearing
1. An individual or couple applying for or receiving State administered SSP, has the right to appeal and have a fair hearing under the Executive Office of Health and Human Services, Appeals Process and Procedures for EOHHS Agencies and Programs, 210-RICR-10-05-2.

218 R.I. Code R. 218-RICR-20-00-5.2

Amended effective 1/1/2019
Amended effective 6/2/2019
Amended effective 3/2/2022
Amended effective 2/18/2023
Amended effective 11/2/2023
Amended effective 12/17/2023