TN 27 (11-91)

SI 00835.042 Temporary Absence of a Child from a Federal LA Due to School Attendance

A. POLICY — WHEN A TEMPORARY ABSENCE OCCURS

1. Conditions for a Temporary Absence

a. Child Not Subject to Parental Deeming

A child whose permanent residence is one where parent/child deeming does not apply is temporarily absent without time limit if the child:

  • is away from the permanent residence to attend school;

  • intends to return to the permanent living arrangement during the summer or extended holidays, or upon graduation or completion of training; and

  • had been in his permanent living arrangement for at least 1 full calendar month prior to his absence.

b. Child Subject to Parental Deeming

See SI 01310.165 for instructions on conditions for temporary absence when deeming applies.

2. ISM During a Temporary Absence

a. Child Not Subject to Parental Deeming

When a child is temporarily away at school and is not subject to deeming from an ineligible parent, the general rule in SI 00835.040 C.2. applies.

b. Child Subject to Parental Deeming

When a child is temporarily away at school and is subject to deeming from an ineligible parent we:

  • continue to charge ISM from the permanent living arrangement; and

  • charge ISM the child receives in the temporary living arrangement unless the deemor parent paid for it.

B. POLICY — ENDING A TEMPORARY ABSENCE

The instructions below apply to a child who is temporarily absent to attend school and is not subject to deeming from an ineligible parent.

1. What Ends a Temporary Absence

A temporary absence due to school attendance ends when the child:

  • returns to the permanent living arrangement;

  • no longer intends to return to the permanent living arrangement;

  • no longer meets the definition of child; or

  • is under age 18 and no longer meets school attendance requirements (SI 00520.140 B.).

2. What Establishes a New Residence

At the moment a temporary absence for school attendance ends (for a reason other than return to the permanent living arrangement), the individual is abandoning his previous permanent living arrangement unless there is a new period of temporary absence. A new period of temporary absence is possible as long as the individual still intends to return to the permanent living arrangement.

EXAMPLE: Ms. Heidi Geller is a 19-year-old student at a school for the blind. The FO has determined that she is temporarily absent from her parents' home where she is subject to the VTR. In June, a week before graduation, Ms. Geller decides that she will stay on at the school and work as a day camp counselor until the end of July. Although Ms. Geller's temporary absence due to school attendance ends in June, another period of temporary absence begins. The second period is a temporary absence for reasons other than school attendance or confinement in a Medicaid facility. As long as Ms. Geller returns to her parents' home by the end of July, her entire period of absence is temporary, and we continue to charge the VTR in July and ensuing months.

C. PROCEDURE — ELIGIBLE INDIVIDUAL ABSENT

Use this procedure when an eligible individual under age 22 who is not subject to deeming from an ineligible parent reports moving to attend school.

1. Development

STEPACTION
1Ask whether the individual intends (or intended) to return home (i.e., his permanent living arrangement) for holidays, after graduation, etc.
 
  • If yes, go to step 2.

  • If no, determine that there is no temporary absence and see 2.a. below.

2Ask the individual when he left home and when he intends to return (or when he did return).
 
  • If the absence is more than a calendar month, go to step 3.

  • If the absence is less than a calendar month, it may be temporary using the rules in SI 00835.041. Go to that section.

3Ask how long the individual resided at home prior to leaving.
 
  • If the residence lasted at least 1 full calendar month, go to step 4.

  • If the residence had lasted less than 1 full calendar month, determine that the absence is not temporary and see 2.a. below.

4Ask pertinent questions about the school if student status has not already been developed. (See SI 00501.020 for an individual over age 18 and SI 00520.140 B. for a child under age 18.)
 
  • If the individual qualifies as a student, determine that the absence is temporary and see 2.a. below.

  • If the individual does not qualify as a student, determine that the absence is not temporary and see 2.a. below.

2. Documentation

Document the circumstances surrounding the absence to support your determination as follows.

a. Intent

Obtain the individual's or representative payee's statement, signed or on DROC, concerning the individual's intent to return upon graduation or completion of training or during the summer or other holidays. The representative payee's statement of intent is controlling.

b. Length of Time in Permanent Living Arrangement

Obtain the individual's or representative payee's statement, signed or on DROC, regarding length of time the individual resided in the permanent living arrangement prior to the absence.

c. School Attendance

Document school attendance per

D. PROCEDURE — INELIGIBLE HOUSEHOLD MEMBER ABSENT

1. When to Develop

Develop the issue of a temporary absence for another member of the household, who is neither currently on the rolls nor filing for SSI, when:

  • the absence is alleged to be temporary; and

  • if not temporary, the absence would affect an eligible individual's eligibility or payment amount by changing the results of the LA/ISM determination (see SI 00835.510 on breakpoints).

2. How to Develop

Accept the eligible individual's answers to the questions in C.1. above. Do not contact the absent household member. Record the answers in file.

E. REFERENCES

SI 00501.010 and SI 00501.020, definition of a child, including school attendance requirements to be considered a child when an individual is between the ages of 18 and 22


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500835042
SI 00835.042 - Temporary Absence of a Child from a Federal LA Due to School Attendance - 08/14/2009
Batch run: 08/14/2009
Rev:08/14/2009