---
kind: "section"
citation: "20 C.F.R. § 404.1209"
title: "20"
number: "404.1209"
heading: "Mandatorily excluded services."
url: "https://uscodex.org/cfr/20/404.1209"
---

# §404.1209. Mandatorily excluded services.


Some services are mandatorily excluded from coverage under a State's agreement. They are:

- (a) Services of employees who are hired to relieve them from unemployment;
- (b) Services performed in an institution by a patient or inmate of the institution;
- (c) Transportation service subject to the Federal Insurance Contributions Act;
- (d) Certain emergency services in case of fire, storm, snow, volcano, earthquake, flood or other similar emergency; and
- (e) Services other than agricultural labor or student services which would be excluded from coverage if performed for a private employer.
- (f) **Services covered under section 210(a)(7)(F) of the Act.** (See [§ 404.1200(b)](/cfr/20/404.1200.md?p=b).)

## Notes

### Amendments

[53 FR 32976, Aug. 29, 1988, as amended at 57 FR 59911, Dec. 17, 1992]

### Authority

Authority: Secs. 205, 210, 218, and 702(a)(5) of the Social Security Act (42 U.S.C. 405, 410, 418, and 902(a)(5)); sec. 12110, Pub. L. 99-272, 100 Stat. 287 (42 U.S.C. 418 note); sec. 9002, Pub. L. 99-509, 100 Stat. 1970.

### Source

Source: 53 FR 32976, Aug. 29, 1988, unless otherwise noted.

### Amendments

[53 FR 32976, Aug. 29, 1988, as amended at 57 FR 59911, Dec. 17, 1992]