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COMBAT PAY PROPOSED TO BE EXCLUDED FROM DEEMING

Author: Catherine M. Callery (Kate)| Louise M. Tarantino

In the June 11, 2009 Federal Register (74 Fed. Reg. 27727), SSA proposes to revise its rules to clarify that, for Supplemental Security Income (SSI) purposes, the agency will not consider any combat-related military pay as income in determining whether spouses and children of members of the uniformed services are eligible for SSI. The proposed rules also would clarify that SSA does not consider combat-related military pay as income when determining the spouse’s or child’s proper payment amount.  These proposed rules also would provide that, when SSA determines whether spouses and children are eligible for SSI, retroactive payments of certain military pay would not be counted as resources for nine months following receipt. These proposed rules would protect spouses and children of members of the uniformed services from a reduction in, or loss of, benefits because their spouse or parent serves in a combat zone.

Comments on the proposed rules must be received by August 10, 2009.