Code of Federal Regulations § 416.520

§ 416.520. emergency advance payments .

( a ) General. We may pay a erstwhile hand brake advance payment to an individual initially applying for benefits who is presumably eligible for SSI benefits and who has a fiscal emergency. The sum of this payment can not exceed the Federal benefit rate ( see §§ 416.410 through 416.414 ) plus the federally administered State auxiliary payment, if any ( see § 416.2020 ), which apply for the calendar month for which the payment is made. Emergency progress requital is defined in paragraph ( boron ) ( 1 ) of this segment. The actual payment amount is computed as explained in paragraph ( hundred ) of this section. An emergency advance payment is an advance of benefits expected to be due that is recoverable as explained in paragraph ( d ) and ( e ) of this section .
( bacillus ) definition of terms. For purposes of this subpart—
( 1 ) emergency overture requital means a mastermind, expedite payment by a Social Security Administration field agency to an individual or spouse who is initially enforce ( see paragraph ( b ) ( 3 ) of this section ), who is at least presumably eligible ( see paragraph ( b-complex vitamin ) ( 4 ) of this section ), and who has a fiscal emergency ( see paragraph ( boron ) ( 2 ) of this section ) .
( 2 ) Financial emergency is the fiscal condition of an individual who has insufficient income or resources to meet an contiguous terror to health or safety, such as the lack of food, invest, shelter, or medical care.

( 3 ) initially applying means the file of an application ( see § 416.310 ) which requires an initial decision of eligibility, such as the beginning application for SSI benefits or an application filed subsequent to a anterior denial or termination of a anterior period of eligibility for requital. An individual or spouse who previously received an emergency progress requital in a anterior period of eligibility which terminated may again receive such a payment if he or she reapplies for SSI and meets the other conditions for an emergency advance payment under this segment .
( 4 ) presumably eligible is the status of an person or spouse who presents impregnable evidence of the likelihood of meeting all of the requirements for eligibility including the income and resources tests of eligibility ( see subparts K and L of this character ), categorical eligibility ( age, disability, or blindness ), and technical eligibility ( United States residency and citizenship or estrange status—see subpart P of this part ) .
( carbon ) calculation of payment come. To compute the emergency advance requital sum, the maximum sum described in paragraph ( a ) of this part is compared to both the expect sum account payable for the month for which the payment is made ( see paragraph ( carbon ) ( 1 ) of this section ) and the sum the applicant requested to meet the hand brake. The actual requital measure is no more than the least of these three amounts.

( 1 ) In computing the emergency advance payment come, we apply the monthly income count rules appropriate for the calendar month for which the advance is paid, as explained in § 416.420. broadly, the calendar month for which the progress is paid is the calendar month in which it is paid. however, if the advance is paid in the calendar month the application is filed, the month for which the boost is paid is considered to be the first calendar month of expected eligibility for payment of benefits .
( 2 ) For a couple, we individually compute each penis ‘s emergency improvement payment measure.

( five hundred ) recovery of hand brake promote payment where eligibility is established. When an individual or spouse is determined to be eligible and retroactive payments are due, any emergency advance requital amounts are recovered in full from the first payment ( s ) certified to the United States Treasury. however, if no retroactive payments are due and benefits are only ascribable in future months, any hand brake gain requital amounts are recovered through harmonious reductions in those benefits over a period of not more than 6 months. ( See paragraph ( e ) of this segment if the individual or spouse is determined to be ineligible. )
( vitamin e ) disposal of hand brake advance payments where eligibility is not established. If a presumably eligible individual ( or spouse ) or match is determined to be ineligible, the emergency advance requital constitutes a recoverable overpayment. ( See the exception in § 416.537 ( b ) ( 1 ) when payment is made on the footing of presumptive disability or presumptive blindness. )
[ 55 FR 4422, Feb. 8, 1990 ; 55 FR 7411, Mar. 1, 1990, as amended at 64 FR 31974, June 15, 1999 ]

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