---
kind: "section"
citation: "20 C.F.R. § 408.218"
title: "20"
number: "408.218"
heading: "Do you meet the SSI eligibility requirements?"
url: "https://uscodex.org/cfr/20/408.218"
---

# §408.218. Do you meet the SSI eligibility requirements?


For SVB purposes, you are eligible for SSI for a given month if all of the following are met:

- (a) You have been determined to be eligible for SSI (except as noted in [paragraph (c)](#c) of this section); you do not have to actually receive a payment for that month;
- (b) Your SSI eligibility has not been terminated for that month; and
- (c) Your SSI benefits are not subject to a penalty under [§ 416.1340](/cfr/20/416.1340.md) of this chapter. This includes months in which a penalty has been imposed, as well as months in which a penalty cannot be imposed because you are in SSI nonpay status for some other reason.

## Notes

### Authority

Authority: Secs. 702(a)(5), 801, 802, 803, 804, 806, 810 and 1129A of the Social Security Act (42 U.S.C. 902(a)(5), 1001, 1002, 1003, 1004, 1006, 1010 and 1320a-8a); Sec. 251, Pub. L. 106-169, 113 Stat. 1844.

### Source

Source: 68 FR 16418, Apr. 4, 2003, unless otherwise noted.