---
kind: "range"
citation: "20 C.F.R. §§ 416.1140–416.1145"
title: "20"
from: "416.1140"
to: "416.1145"
count: 6
url: "https://uscodex.org/cfr/20/416.1140..416.1145"
---

# §416.1140. The presumed value rule.

- (a) **How we apply the presumed value rule.**
  - (1) When you receive in-kind support and maintenance and the one-third reduction rule does not apply, we use the presumed value rule. Instead of determining the actual dollar value of any shelter you receive, we presume that it is worth a maximum value. This maximum value is one-third of your Federal benefit rate plus the amount of the general income exclusion described in [§ 416.1124(c)(12)](/cfr/20/416.1124.md?p=c-12).
  - (2) The presumed value rule allows you to show that your in-kind support and maintenance is not equal to the presumed value. We will not use the presumed value if you show us that—
    - (i) The current market value of any shelter you receive, minus any payment you make for it, is lower than the presumed value; or
    - (ii) **The actual amount someone else pays for your shelter is lower than the presumed value.**
- (b) **How we determine the amount of your ISM under the presumed value rule.**
  - (1) If you choose not to question the use of the presumed value, or if the presumed value is less than the actual value of the shelter you receive, we use the presumed value to figure your ISM.
  - (2) If you show us, as provided in [paragraph (a)(2)](#a-2) of this section, that the presumed value is higher than the actual value of the shelter you receive, we use the actual amount to figure your ISM.

# §416.1141. When the presumed value rule applies.


The presumed value rule applies whenever we count in-kind support and maintenance as unearned income and the one-third reduction rule does not apply. This means that the presumed value rule applies if you are living—

- (a) In another person's household (as described in [§ 416.1132(b)](/cfr/20/416.1132.md?p=b)); you receive shelter from others living in the household; and others within the household do not pay for or provide you with all of your meals;
- (b) In your own household (as described in [§ 416.1132(c)](/cfr/20/416.1132.md?p=c)). For exceptions, see [§ 416.1142](/cfr/20/416.1142.md) if you are in a public assistance household and [§ 416.1143](/cfr/20/416.1143.md) if you are in a noninstitutional case situation; or
- (c) **In a nonmedical institution including any—**
  - (1) Public nonmedical institution if you are there for less than a full calendar month;
  - (2) Public or private nonprofit educational or vocational training institution;
  - (3) Private nonprofit retirement home or similar institution where there is an express obligation to provide your full support and maintenance or where someone else pays for your support and maintenance. For exceptions, see [§ 416.1144](/cfr/20/416.1144.md); and
  - (4) **For-profit institution where someone else pays for your support and maintenance.** If you or the institution pay for it, see [§ 416.1145](/cfr/20/416.1145.md).

# §416.1142. If you live in a public assistance household.

- (a) **Definition.** For purposes of our programs, a public assistance household is one that has both an SSI applicant or recipient, and at least one other household member who receives one or more of the listed public income maintenance payments. These are payments made under—
  - (1) Title IV-A of the Social Security Act (Temporary Assistance for Needy Families);
  - (2) Title XVI of the Social Security Act (SSI, including federally administered State supplements and State administered mandatory supplements);
  - (3) The Refugee Act of 1980 (Those payments based on need);
  - (4) The Disaster Relief and Emergency Assistance Act;
  - (5) General assistance programs of the Bureau of Indian Affairs;
  - (6) State or local government assistance programs based on need (tax credits or refunds are not assistance based on need);
  - (7) U.S. Department of Veterans Affairs programs (those payments based on need); and
  - (8) **The Supplemental Nutrition Assistance Program (SNAP).**
- (b) **How the presumed value rule applies.** If you live in a public assistance household, we consider that you are not receiving in-kind support and maintenance from members of the household. In this situation, we use the presumed value rule only if you receive food or shelter from someone outside the household.

# §416.1143. If you live in a noninstitutional care situation.

- (a) **Definitions.** For purposes of this subpart you live in a noninstitutional care situation if all the following conditions exist:
  - (1) You are placed by a public or private agency under a specific program such as foster or family care;
  - (2) The placing agency is responsible for your care;
  - (3) You are in a private household (not an institution) which is licensed or approved by the placing agency to provide care; and
  - (4) **You, a public agency, or someone else pays for your care.**
- (b) **How the presumed value rule applies.** You are not receiving in-kind support and maintenance and the presumed value rule does not apply if you pay the rate the placing agency establishes. We consider this established rate to be the current market value for the in-kind support and maintenance you are receiving. The presumed value rule applies if you pay less than the established rate and the difference is paid by someone else other than a public or private agency providing social services described in [§ 416.1103(b)](/cfr/20/416.1103.md?p=b) or assistance based on need described in [§ 416.1124(c)(2)](/cfr/20/416.1124.md?p=c-2).

# §416.1144. If you live in a nonprofit retirement home or similar institution.

- (a) **Definitions.** For purposes of this section the following definitions apply:
  - (1) Nonprofit retirement home or similar institution means a nongovernmental institution as defined under [§ 416.1101](/cfr/20/416.1101.md), which is, or is controlled by, a private nonprofit organization and which does not provide you with—
    - (i) Services which are (or could be) covered under Medicaid, or
    - (ii) **Education or vocational training.**
  - (2) Nonprofit organization means a private organization which is tax exempt under section 501(a) of the Internal Revenue Code of 1954 and is of the kind described in section [501 (c)](/cfr/20/501.md?p=c) or [(d)](/cfr/20/501.md?p=d) of that code.
  - (3) An express obligation to provide your full support and maintenance means there is either a legally enforceable written contract or set of membership rules providing that the home, institution, or organization—
    - (i) Will provide at least all of your food and shelter needs; and
    - (ii) **Does not require any current or future payment for that food and shelter.** (For purposes of this paragraph, a lump sum prepayment for lifetime care is not a current payment.)
- (b) **How the presumed value rule applies.** The presumed value rule applies if you are living in a nonprofit retirement home or similar institution where there is an express obligation to provide your full support and maintenance or where someone else pays for your support and maintenance. The rule does not apply to the extent that—
  - (1) The home, institution, or nonprofit organization does not have an express obligation to provide your full support and maintenance; and
  - (2) The home, institution, or nonprofit organization receives no payment for your food or shelter, or receives payment from another nonprofit organization.

# §416.1145. How the presumed value rule applies in a nonmedical for-profit institution.


If you live in a nonmedical for-profit institution, we consider the amount accepted by that institution as payment in full to be the current market value of whatever food or shelter the institution provides. If you are paying or are legally indebted for that amount, you are not receiving in-kind support and maintenance. We do not use the presumed value rule unless someone else pays for you.