Children Who Had Received SSI on August 22, 1996

On August 22, 1996, Public Law 104-193 was passed which changed Social Security's definition of disability for children. As a result, some children receiving SSI have had their disability status reviewed and have subsequently been terminated from SSI because they do not meet the new disability criteria. On August 5, 1997, Public Law 105-33 (The Balanced Budget Act of 1997) was passed. Under this law, children receiving SSI on August 22, 1996 who lose their SSI because they do not meet the new disability criteria, may continue to receive Medicaid. The Balanced Budget Act protects their Medicaid eligibility.

  1. Child is under age 18 AND
  2. Child was receiving SSI on August 22, 1996 AND
  3. Child's SSI payment stopped on or after July 1, 1997 AND
  4. Child's SSI was terminated due to the revised childhood disability criteria established under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) AND
  5. Child continues to meet the SSI child disability criteria in effect prior to August 22, 1996 AND
  6. Individual satisfies the Resource Test for Children Who Had Received SSI on August 22, 1996 (See Resource Rules in Section 4 of this chapter) AND
  7. Individual satisfies the Income Test for Children Who Had Received SSI on August 22, 1996 (See Income Rules in Section 5 of this chapter)

Children Who Had Received SSI on August 22, 1996 Financial Unit

The following individual's income and resources are included in the financial unit:

  1. The disabled child AND
  2. The parent(s) living with the child AND
  3. If the disabled child is an alien, the income of the alien's sponsor and the sponsor's spouse if the spouse lives with the sponsor is included.
  4. Do not include SSI recipients
Parent topic: Deemed SSI Recipients