The Social Security Administration (SSA) has issued new instructions for implementing the SSI Extension for Elderly and Disabled Refugees Act (P.L. 110-328), which provides a temporary extension of Supplemental Security Income (SSI) benefits to refugees and other "humanitarian immigrants" whose seven-year period of eligibility has expired.  Humanitarian immigrants whose benefits ended due to this time limit may receive at least two additional years of benefits, retroactive to October 2008.  Their benefits may continue until September 30, 2011, if they have a pending naturalization application or are waiting to be sworn in as a U.S. citizen.  Humanitarian immigrants newly applying for SSI, or whose benefits have not yet expired, can receive SSI during the nine-year period since they were granted the relevant status, or if they have a pending naturalization application.  Humanitarian immigrants must meet a few other conditions in order to obtain the SSI extension.  See NILC's article and these FAQs for more information on the law's requirements.

     The new instructions provide more details on the declaration that applicants over 18 must complete, which demonstrates that they have made a good faith effort to obtain U.S. citizenship.  The good faith declaration states, "It is my intention to become a citizen of the United States if and when I am permitted by law to do so.  And that I have made a good faith effort to pursue United States citizenship by filing and pursing timely application for naturalization, lawful permanent residence, and/or such other benefit under the immigration laws that may lead to United States citizenship."

     Some humanitarian immigrants whose benefits already have been extended under the law may be contacted in order to complete this declaration and, in some cases, to make an evaluation regarding their continuing disability.  The new instructions include guidance on how to verify continuing disability for these immigrants.

     The SSA also plans to send notices to the humanitarian immigrants whose benefits were suspended or terminated, informing them about the extension and how to apply for it.

     For more information, contact Dinah Wiley, public benefits policy attorney.