SSA Finally Dumps 1989 Rental Subsidy Rule After Decades
Published Date: 8/31/2026
Notice
Summary
The Commissioner of Social Security gives notice of the rescission of AR 90-2(2): Ruppert v. Bowen, 871 F.2d 1172 (2d Cir. 1989)--Evaluation of a Rental Subsidy as In-Kind Income for Supplemental Security Income (SSI) Benefit Calculation Purposes--Title XVI of the Social Security Act (Act).
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
SSI rental subsidy calculation rule
If you apply for or receive Supplemental Security Income (SSI), the Social Security Administration now follows the revised rule in 20 CFR 416.1130 for counting rental subsidies when it figures your SSI payment. If the monthly required rent you must pay equals or exceeds the presumed maximum value (PMV) in 20 CFR 416.1140, SSA will not count a rental subsidy as in-kind support and maintenance (ISM). If the required rent is less than the PMV, SSA will impute as ISM the difference between the required rent and either the PMV or the current market rental value, whichever is less; the final rule was effective September 30, 2024 and SSA rescinded AR 90-2(2) on August 31, 2026.
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