LadyBlue

Thanks for responding to my post re: SDI benefits. I've been to that web site and it states that support and alimony payments are considered income. Do you think that they are referring to support and alimony payments being one in the same or is it child support and alimony payments? It really is unclear to what they mean (which doesn't surprise me because it is the government)?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DennisK:
[b]Thanks for responding to my post re: SDI benefits. I've been to that web site and it states that support and alimony payments are considered income. Do you think that they are referring to support and alimony payments being one in the same or is it child support and alimony payments? It really is unclear to what they mean (which doesn't surprise me because it is the government)?[/b]<HR></BLOCKQUOTE>


What type of benefits were you looking under?

When I filed I was told my child support was not considered a source of income. I filed for the Disability benefits that require you to be unable to work for at least a year.
Each program has different rules.
2113. Eligibility criteria based on need.
SSI ELIGIBILITY IS ALSO DETERMINED BY THE FOLLOWING CRITERIA BASED ON NEED:

Income
An eligible individual cannot have monthly countable income in excess of the current Federal benefit rate (FBR). The FBR for an eligible couple is approximately one and one half as much as that for an individual. These amounts are set by statute and are subject to annual increases as dictated by cost-of-living adjustments. As of January 1997, the FBR for an individual is $484 and that for an eligible couple is $726. However, these amounts may be supplemented by individual States. (See §§2129-2148 for more information on how income affects both eligibility and payment amount.)

Resources
In addition to the income criterion described above, an eligible individual without a spouse cannot own countable real or personal property (including cash) in excess of a specified amount at the beginning of each month. For an individual with an eligible or ineligible spouse, the applicable limit is one and one-half times as much as that for an individual without a spouse. These limits are set by statute. They are not subject to regular cost-of-living adjustments but have increased from the 1974 figures of $1,500 for an individual and $2,250 for a couple to the January 1997 figures of $2,000 for an individual and $3,000 for a couple. (See §§2147-2165 for more information on how resources affect eligibility. NOTE: Resources do not affect payment amount.)




[This message has been edited by LadyBlu (edited October 22, 2000).]

Dennis,
Here is anther rule I found that may apply to what you were asking.
The SSI handbook is not the easiest to read. I would suggest that you call the SSI 800 line and ask them if the types of income you had stated are taken into consideration for benefits. 1-800-772-1213


2138. Unearned income exclusions.
AS WITH EARNED INCOME, CERTAIN UNEARNED INCOME EXCLUSIONS are authorized by other Federal laws as well as by title XVI. Countable unearned income can never be less than zero. However, there is one unearned income exclusion which can be applied to earned income (see (M) below). Unearned income exclusions are applied in the following order:

Exclusions authorized by Federal laws other than title XVI. These include, but are not limited to, exclusion of most benefits provided under the:
Food Stamp Act (value of food coupons);
National School Lunch and Child Nutrition Acts;
Older Americans Act; and
National Housing Act (various types of Federal housing assistance).
Agent Orange Product Liability Litigation.
Radiation Exposure Compensation Trust Fund (RECTF).
Japanese-American and Aleutian Restitution Payments.
Payments to an individual from any source because of his or her status as a victim of **** persecution.
Any public agency's refund of taxes on real property or food.
Assistance based on need and funded wholly by a State and/or one of its political subdivisions (including Indian tribes). It is immaterial whether these payments are made directly to an individual or are paid to someone else on his or her behalf. This exclusion includes all State payments in supplementation of SSI.
Any portion of a grant, scholarship or fellowship used for paying tuition, fees or other necessary educational expenses. However, any amount set aside or actually used for food, clothing or shelter is not excluded.
Food raised by an individual or by his or her spouse if consumed by the household.
Assistance received under the Disaster Relief and Emergency Assistance Act and assistance provided under any Federal statute because of a catastrophe declared by the President to be a major disaster (see §2139).
Up to $20 per month of unearned income if received infrequently or irregularly; i.e., if received only once during a calendar quarter from a single source or if its receipt cannot reasonably be expected.
Payments received by certain recipients under the Alaska Longevity Bonus program.
Payments to an individual for providing foster care to a child placed in the individual's home by a qualified agency.
Any interest earned on excluded burial funds and any appreciation in the value of an excluded burial arrangement which are left to accumulate and become part of the separately identifiable burial fund (see §2162).
Certain home energy and other needs-based support and maintenance assistance (see §2140).
One-third of support payments made by an absent parent to or for an eligible child.
The first $20 per month of an individual's total unearned income other than income based on need. Payments are based on need if the recipient's income is a factor in determining eligibility for the payments. (Any portion of this exclusion which cannot be used up against unearned income is applied against earned income received in the same month.)
NOTE: A needs-based payment funded solely by any combination of a State and its political subdivisions (including Indian tribes) is called "assistance based on need" and is excluded totally (see (C) above). A needs-based payment funded wholly or partially by a nongovernmental organization or by the Federal Government is called "income based on need" and does not qualify for this $20 general exclusion. (See §2140 for an exclusion which may apply to assistance provided by nonprofit organizations.)

Any unearned income used to fulfill an approved plan for achieving self-support in the case of a blind or disabled individual who is under age 65 or who received SSI on the basis of blindness or disability for the month of attainment of age 65 (see §2170(D)).
Federal housing assistance, whether provided directly by the Federal Government or thru other entities such as local housing authorities, nonprofit organizations, etc.
Any interest accrued on (or after April 1, 1990) and left to accumulate as part of the value of an excluded burial space purchase agreement.
The value of any commercial transportation ticket received as a gift and not converted to cash (applies to travel among the 50 states, District of Columbia, Puerto Rico, Virgin Islands, Guam, American Samoa, and the Norther Mariana Islands).
Hostile fire pay from the Uniformed Services received in or after October 1993.
Payments received from a State fund to aid victims of crime.
Relocation assistance provided under Title II of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970.
Austrian Social Insurance payments that are based, in whole or in part, on wage credits received for certain losses suffered before and during World War II.
Payments made by the Dutch Government under the Netherlands Act on Benefits for Victims of Persecution 1940-1945 to individuals who were victims of persecution and as a result of that persecution are presently suffering from illnesses or disabilities.
NOTE: An eligible couple gets the same income exclusions as an eligible individual although there is a higher benefit rate for a couple.

Thanks again for the information. The item in the SS handbook is item 2137 which states:

Unearned income is all income that is not earned...

A. In-kind support and maintenance
B. Private pensions and annuities
C. Periodic public payments such as SS benefits...
D. Life insurance proceeds
E. Gifts and inheritances
F. Support and alimony payments in cash or in-kind.
G. Prizes and Awards
H. Dividends and Interest
I. Rents and Royalties
J. Certain payments not considered wages...

I've kind of shortened this where "..." are shown but the bottom line is that to my knowledge my ex filed for these benefits from the rental property address so SS does not know about Items "A", "F", and "I" from the above listed and is receiving income from a part-time job. She filed for the same benefits that you are receiving and my children are receiving SDI payments as well. Like I said in my original posting, I don't understand this at all. She's getting twice as much money with all of this combined than I bring home in a month. I really appreciate your help and let me know if you see the same thing I am seeing in item 2137. Thanks.

Will do... I do suggest you call them though and ask them, as even though they have tried to make it easier for people to understand the rules and procedures, it is still a Gov't entity which amounts to *total confusion*.
Try calling the 800 # I gave you they can tell you whether it is considered or not and if so how much of it.