[Federal Register Volume 60, Number 27 (Thursday, February 9, 1995)]
[Notices]
[Page 7782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3240]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration


Rescission of Social Security Acquiescence Ruling 87-3(9)

AGENCY: Social Security Administration, HHS.

ACTION: Notice of rescission of Social Security Acquiescence Ruling 87-
3(9)-Hart v. Bowen, 799 F.2d 567 (9th Cir. 1986).

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SUMMARY: In accordance with 20 CFR 416.1485(e) and 422.406(b)(2), the 
Commissioner of Social Security gives notice of the rescission of 
Social Security Acquiescence Ruling 87-3(9).

EFFECTIVE DATE: February 9, 1995.

FOR FURTHER INFORMATION CONTACT: Gary Sargent, Litigation Staff, Social 
Security Administration, 6401 Security Blvd., Baltimore, MD 21235, 
(410) 965-1695.

SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling 
explains how we will apply a holding in a decision of a United States 
Court of Appeals that we determine conflicts with our interpretation of 
a provision of the Social Security Act or regulations when the 
Government has decided not to seek further review of the case or is 
unsuccessful on further review.
    As provided by 20 CFR 416.1485(e)(4), a Social Security 
Acquiescence Ruling may be rescinded as obsolete if we subsequently 
clarify, modify or revoke the regulation or ruling that was the subject 
of the circuit court holding for which the Acquiescence Ruling was 
issued.
    On May 6, 1987, we issued Acquiescence Ruling 87-3(9) to reflect 
the holding in Hart v. Bowen, 799 F.2d 567 (9th Cir. 1986), that the 
current market value of an installment sales contract resulting from 
the sale of an individual's excluded home is part of the value of the 
replacement home and thus excluded from countable resources for 
Supplemental Security Income (SSI) purposes, provided the payments 
generated by the installment sales contract were reinvested in the 
excluded replacement home within three months of receipt of the 
payments.
    On August 23, 1994, we published our final regulation (59 FR 
43283), revising section 416.1212 of Social Security Regulations No. 16 
(20 CFR 416.1212), to clarify when the proceeds from the sale of an 
excluded home, including the value of a promissory note or similar 
installment sales contract and other proceeds from the sale (the 
downpayment and monthly installment payments toward the principal), 
will be excluded from being considered SSI resources. Because this 
regulation addresses the Hart court's concerns and contains a thorough 
explanation concerning how we treat proceeds from the sale of an 
excluded home, we are rescinding Acquiescence Ruling
87-3(9).

(Catalog of Federal Domestic Assistance Programs No. 93.807 
Supplemental Security Income.)

    Dated: February 1, 1995.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 95-3240 Filed 2-8-95; 8:45 am]
BILLING CODE 4190-29-P