SSI for Children Eligibility Criteria: Spotlight on Parental Deeming

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SSI for Children Eligibility Criteria: Spotlight on Parental Deeming

Supplemental Security Income (SSI) is a federal needs-based benefit for eligible disabled, blind, or aged people (65 or older) administered by the Social Security Administration (SSA). This publication will cover all child SSI eligibility criteria except disability.

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Disclaimer: This publication is legal information only and is not legal advice about your individual situation. It is current as of the date posted. We try to update our materials regularly. However, laws are regularly changing. If you want to make sure the law has not changed, contact DRC or another legal office.

I. What is SSI?

Supplemental Security Income (SSI) is a federal needs-based benefit for eligible disabled, blind, or aged people (65 or older) administered by the Social Security Administration (SSA).1 Children are entitled to SSI if they meet eligibility criteria for:

  1. Age,
  2. Income,
  3. Resources,
  4. Residency,
  5. Citizenship, and
  6. Disability.

This publication will cover all child SSI eligibility criteria except disability.

II. SSA’s Definition of a Child for SSI

For purposes of SSI, SSA defines a child as:

  1. a person under 18 years of age; or,
  2. a person under 22 years of age who is a student regularly attending school, college, or training designed to prepare the individual for a paying job.2

Please note, that individuals in category (2) remain a “child” only for the purpose of continuing to receive SSI at the child benefit rate even after they turn 18, even though they do not meet the adult definition of disability. These are often called Section 301 Payments and will be discussed in more detail in Section VII on Age 18 Redeterminations below.

In addition, to be considered a child, a person cannot be married or the head of a household.3

III. Child Income Eligibility

Before we discuss parental deeming, which is how SSA determines whether a child under the age of 18 qualifies for SSI under income and resource rules, advocates should understand (1) SSA’s retrospective monthly accounting system for reporting purposes, and (2) the current rate of SSI for children in California.

a. What is SSA’s Retrospective Monthly Accounting System?

SSA uses a retrospective monthly accounting computation during a period of SSI eligibility.4 That means the income a parent receives and reports in January to SSA, determines the amount of their child’s SSI two months later, in March.5 While this is how SSA determines your child’s monthly SSI amount, SSA may suspend your child’s benefits in the month in which it discovers you are over income.

Generally, a child is entitled to SSI reinstatement without a new application if parental countable income decreases enough in the 11 months following the suspension.6 However, if income-disqualification continues for 12 months, the suspension may become a termination.7

b. What is the Payment Rate for Children in California in 2025?

In 2025, a disabled child in California under the age of 18, who meets all eligibility criteria, can receive up to $1,064.27 per month, which includes the state of California’s supplement.8 Whether a child receives the full amount of SSI will depend on the parental deeming calculation conducted by SSA.

c. What is Parental Deeming?

Parental deeming is the counting of a parent's income and resources as belonging to their child under 18 years of age eligible for SSI.9 The parent-to-child deeming regulations are found at 20 Code of Federal Regulations §§ 416.1160; 416.1161, and 416.1165.

A parent's income includes both earned and unearned income. “Earned income” may include a parent’s wages/salary or income from self-employment.10

Earnings may include In-Home Supportive Services (IHSS) wages received for working for an adult child with a disability even if the over-18-year-old child receives SSI Section 301 Payments and lives in the same home as you and your SSI eligible child.11

Everything other than wages may be considered “unearned income.” Some examples of unearned income include gifts, unemployment benefits, state disability benefits, and Social Security Disability Insurance benefits.12

SSA will consider the gross monthly earned income and/or unearned income of natural parent(s), adoptive parent(s), and/or a stepparent as long as they live in the same home as the child applying for SSI.13 If a parent does not live in the same home as the child applying for SSI, that parent’s income will not be counted.14

If the parents of a child receiving SSI have a joint (50/50) custody arrangement, SSA will consider the income and resources of the parent with whom the child lives with on the first of the month for deeming purposes.15

d. Exceptions to Parental Deeming

SSA will not conduct the parental deeming calculation if a family is unhoused.16

SSA will also not apply the deeming calculation if the child is living with a person who is not their parent and has a specific payment category name for this called the “minor child with a disability in the household of another” rate, which, currently in California is $747.20 per month.17

e. Income Excluded from the Parental Deeming Calculation

The following types of income are excluded from the parental income deeming calculation: (1) CalWORKs (Temporary Assistance for Needy Families), (2) General Relief/General Assistance, (3) Refugee Cash Assistance, (4) Food stamps, i.e. CalFresh/SNAP, (5) IHSS Payments for a SSI eligible child-applicant under 18 that is living in the same household, (6) Section 8 and other subsidized housing payments, and (7) one-third of any child support.18

f. What are the Parental Income Deeming Calculation Steps?

This subsection will go through the nine steps involved in a typical parental deeming calculation based on the following hypothetical family. In our hypothetical household we have the applicant: Max. They are a child who is seven years old and has disabilities. Max lives with his Mother, and three younger siblings in an apartment. Max has never applied for SSI before. Max’s Mother works and earns $3,500 a month (before taxes) and has no other source of income.

Step 1- Determine where the child lives and who the child lives with, and the sources of income for the household. In our example, our eligible child Max lives with his Mom and three younger siblings and Mom has earned income of $3,500 a month before taxes (gross income).

Step 2- Determine how many ineligible children live in the same home as the SSI applicant and deduct the ineligible child allocation. An ineligible child is a natural or adopted child of the SSI Applicant’s parent or their parent's spouse who lives in the same household as the SSI applicant and is not eligible for SSI benefits.19 This includes a child that has applied for SSI and was denied even if an appeal is pending with SSA.

In this example, the SSI eligible child is 7 years old, and has three younger siblings without disabilities who live with them in the same home. Subtract the ineligible child deduction for all three younger siblings from Mom’s earned income ($3,500). The ineligible child deduction is the difference between the Federal Benefit Rate (FBR) for a couple ($1,450 in 2025) and the FBR for an individual ($967 in 2025). In our example, we will deduct $483—the 2025 ineligible child rate, three times from Mom’s earned income of $3,500 which equals $2051.

Step 3- Subtract the $20 general income exclusion from any remaining unearned income. Here, there is no unearned income, so we deduct $20 from the remaining earned income which equals $2031.

Step 4- Subtract $65 from the remaining earned income. Here, $2,031 minus $65 is $1966.

Step 5- Take the remainder and divide it in half. Here, $1966 divided by two is $983.

Step 6- Subtract the parental living allowance. The parental living allowance is the FBR for a single person if a one-parent home, or the FBR for a couple if a two-parent home. Here, $983 minus $967 for a one-parent home is $16.

Step 7- Take the current rate of SSI for a child in California which is $1,064.27 and deduct the amount deemed. Here, the amount deemed from Mom to eligible child Max is $16. Therefore, if the child meets the disability determination and other eligibility criteria for SSI, then the monthly amount of their benefit will be $1,048.27.20

Step 8- Where there is more than one eligible child in the home, divide the amount deemed amongst eligible children. If there are multiple children under the age of 18 in the home who are disabled and have never been denied SSI, then Step 8 directs SSA to divide the amount deemed among eligible children. Here, there are no other eligible children in the home.

Step 9- Deduct any child earned income. At Step 9, SSA would deduct any earnings of the child, however this is rare due to the Student Earned Income Exclusion discussed in more detail in Section III.h. below.

g. Additional Parental Deeming Hypotheticals

In addition, please consider the following hypotheticals:

i. Example One: Parent is an IHSS Provider for their Child and Adult Child

Joy is a SSI eligible child who is 4 years old and lives with their Father and older brother Punit who is 19 years old and receives Section 301 Payments (See Section VII below) and is a student. The family lives in an apartment. Joy’s Father works as an IHSS provider for both Joy and Punit and earns $1,200 providing IHSS to Joy and $900 providing IHSS to Punit. He has no other income. How would SSA determine the amount deemed to Joy?

Here, SSA would exclude the income Joy’s father earns working for Joy as their IHSS provider but would include the earned income made from taking care of adult child Punit, even though they are receiving Section 301 payments. Therefore, SSA would take the $900 Joy’s Father earns for providing IHSS for Punit and deduct $0 for ineligible children because Punit is not an ineligible child because they are over the age of 18. SSA would then deduct $85, divide the result in half, and deduct the parental living allowance for a single parent home:

$900 - $85 = $815 divided by 2 = $407.50 - $967 = -$559.50

Here, the amount deemed is a negative number. So, if Joy qualifies medically for SSI, they will be entitled to the full amount of $1,064.27.

ii. Example Two: Child’s Parents have a 50/50 custody arrangement and Applicant Parent receives $600 in child support per month.

In this next example, assume our SSI eligible child Armando lives with Parent 1 (Maria) and Parent 2 (Pedro) in equal amounts at different homes during the month. However, Maria is the parent who is applying for SSI on behalf of Armando and Armando lives with Maria on the first of the month, every month. Maria receives $600 a month in child support from Pedro and works at a local store and earns $2,000 a month. There are no other children or people living in Maria’s home.

Here, SSA would exclude one third of the $600 of child support but $400 will be counted as belonging to the child. SSA will deduct $85 from Maria’s gross monthly earned income resulting in $1,915 which is then divided in half which equals $957.5. The parent living allowance of $967 is then subtracted which equals negative $9.50. While there is no amount deemed from Maria to Armando, SSA will then deduct $400 (2/3 of child support) dollar for dollar from the total amount of SSI for a child which is $1,064.27 such that if Armando is found to qualify under all other eligibility factors, their monthly benefit will be $664.27.

h. The Student Earned Income Exclusion

The Student Earned Income Exclusion (SEIE) applies to all individuals who are working students under the age of 22, not just those who meet the SSI definition of a child. The SEIE allows an individual who is under age 22 and regularly attending school to have earnings excluded from income. In 2025, such an individual can exclude up to $2,350 a month and up to $9,460 a year.21

A student is regularly attending school if the student takes at least one course and attends:

  1. a college or university for at least 8 hours a week;
  2. grades 7-12 for at least 12 hours a week;
  3. a training course to prepare for employment for at least 12 hours a week (15 hours a week if the course involves shop practice); or,
  4. courses/programs at a reduced credit load or attendance as indicated above, if it is for a reason beyond the student’s control, such as illness.22

IV. Child Resource Eligibility

In general, SSA has a resource limit of $2,000 for a single-parent home and $3,000 for a two-parent home. This is in addition to an eligible child’s individual resource limit of $2,000. Resources are cash, personal property, or real property that a person owns or has the power to convert to cash (if not already cash).23 SSA determines how much countable resources a person has using the First-of-the-Month (FOM) rule. This means that a person’s countable resources are counted at the first moment of the month.24 However, like parental income deeming, SSA has several exclusions under the general rules for parental resource deeming.

For example, pensions or retirement funds such as Individual Retirement Accounts, KEOGHs, or tax-deferred annuities will not be counted as a resource.25 Unlike the adult resource SSI rules, SSA does not expect parents to spend down their retirement funds before their disabled children can qualify for SSI.

SSA will also exclude: one car for transportation and one home if that is where the parent(s) and child live.26 Other exclusions include life insurance, burial space, and burial funds. Also, parents have nine months to spend down grants and/or scholarships obtained for education before these are considered a resource.27

SSA will also exclude property essential to self-support like having a work truck in addition to a regular car for transportation. This will apply if the parent uses the truck exclusively for their trade or business.28

V. Child Residency Eligibility

For SSI, generally, children must reside in the United States to receive their SSI benefits. In our experience, SSA can gain access to border crossing records between Mexico and California and use these as a basis to terminate benefits. If SSA suspects a child is living in another country for more days in a month than they are living in the United States, then it will likely initiate a termination based on residency requirements.29

VI. Child Citizenship Eligibility

For SSI, generally, children must be citizens or nationals of the United States, or a noncitizen who is a qualified alien or in one of certain alien classifications granted by Department of Homeland Security.30 While the immigration status of the child’s parent is not considered, there is a section on the child SSI application that asks for the immigration status of every member of the home in which the child applicant lives.31 Parents may wish to consult with an immigration attorney before disclosing such information to a federal agency.

Children with refugee status or political asylum will qualify for SSI during the first 7 years from their arrival to the United States.32

VII. Age 18 Re-determinations

When a SSI-eligible child turns 18, SSA will conduct a new medical evaluation of the individual using the adult definition of disability and five-step sequential evaluation.33 Parental deeming ceases once a child turns 18. However, rules for In-kind Support and Maintenance may be applied by the SSA Office once a child turns 18 to lower the amount of your adult child’s SSI.

Click here for more information on In-kind Support and Maintenance, and new rules which help recipients keep more of their monthly benefits.

Advocates and self-advocates should be aware that SSA will notify the individual that the age 18 redetermination process is taking place and may ask for the individual to complete forms or attend a consultative exam with one of SSA’s doctors. SSA will then send a written notice of its determination. If found disabled under the adult standard for disability, benefits will continue at the SSI rate for a single adult which in California in 2025 is $1,206.94. If terminated due to not meeting the adult standard for disability, individuals have 60 days to file an appeal of the decision, but only ten (10) days to request continued benefits during the appeal period. SSA assumes five days for mailing. For example, a notice of termination dated June 1, 2025, would require an appeal be submitted by June 16, 2025 to receive aid paid pending the appeal.

Importantly, advocates should know that SSA cannot immediately terminate a person’s benefits upon turning 18 if the individual is still participating in an Individual Education Plan or other vocational rehabilitation program. SSA must wait until the individual completes this program before it can terminate child SSI benefits. These are called Section 301 payments34, and will continue until your adult child has completed the educational or vocational program they are participating in.

VIII. Conclusion

SSI eligibility criteria for children including the parental deeming calculation can be frustrating for parents caring for a child with a disability seeking assistance from SSA. Disability Rights California hopes this publication helps to simplify these eligibility criteria. We appreciate your time and review of this publication to further your self-advocacy.