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<blockquote data-quote="rlsnights" data-source="post: 321379" data-attributes="member: 7948"><p>I would closely review the actual SSI regulations covering in-kind support before you appeal. And I would consider drawing up a rental contract that is based on fair market rent for your home, which is likely to be less than the amount you pay in mortgage and property taxes. He must pay his fair share of the fair market rent or his SSI can be reduced by up to 1/3 of the payment.</p><p></p><p>Here's the link to the part of the regs governing in-kind support:</p><p><a href="http://www.socialsecurity.gov/OP_Home/cfr20/416/416-1130.htm" target="_blank">http://www.socialsecurity.gov/OP_Home/cfr20/416/416-1130.htm</a></p><p></p><p>Here's an excerpt from the regs:</p><p></p><p>"b) How we define in-kind support and maintenance. In-kind support and maintenance means any food or shelter that is given to you or that you receive because someone else pays for it. Shelter includes room, rent, mortgage payments, real property taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection services. <strong><u>You are not receiving in-kind support and maintenance in the form of room or rent if you are paying the amount charged under a business arrangement. A business arrangement exists when the amount of monthly rent required to be paid equals the current market rental value </u></strong>(see §416.1101). Exception: In the States in the Seventh Circuit (Illinois, Indiana, and Wisconsin), a business arrangement exists when the amount of monthly rent required to be paid equals or exceeds the presumed maximum value described in §416.1140(a)(1). In those States, if the required amount of rent is less than the presumed maximum value, we will impute as in-kind support and maintenance, the difference between the required amount of rent and either the presumed maximum value or the current market value, whichever is less."</p></blockquote><p></p>
[QUOTE="rlsnights, post: 321379, member: 7948"] I would closely review the actual SSI regulations covering in-kind support before you appeal. And I would consider drawing up a rental contract that is based on fair market rent for your home, which is likely to be less than the amount you pay in mortgage and property taxes. He must pay his fair share of the fair market rent or his SSI can be reduced by up to 1/3 of the payment. Here's the link to the part of the regs governing in-kind support: [url]http://www.socialsecurity.gov/OP_Home/cfr20/416/416-1130.htm[/url] Here's an excerpt from the regs: "b) How we define in-kind support and maintenance. In-kind support and maintenance means any food or shelter that is given to you or that you receive because someone else pays for it. Shelter includes room, rent, mortgage payments, real property taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection services. [B][U]You are not receiving in-kind support and maintenance in the form of room or rent if you are paying the amount charged under a business arrangement. A business arrangement exists when the amount of monthly rent required to be paid equals the current market rental value [/U][/B](see §416.1101). Exception: In the States in the Seventh Circuit (Illinois, Indiana, and Wisconsin), a business arrangement exists when the amount of monthly rent required to be paid equals or exceeds the presumed maximum value described in §416.1140(a)(1). In those States, if the required amount of rent is less than the presumed maximum value, we will impute as in-kind support and maintenance, the difference between the required amount of rent and either the presumed maximum value or the current market value, whichever is less." [/QUOTE]
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