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Notes

20 C.F.R. §§ 416.1141–416.1145

5 sections in range

§416.1141. When the presumed value rule applies.

20 C.F.R. § 416.1141

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)); 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)). For exceptions, see § 416.1142 if you are in a public assistance household and § 416.1143 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; 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.
Notes, amendments, and revision history

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 89 FR 21210, Mar. 27, 2024]

Authority

Authority: 42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Source

Source: 45 FR 65547, Oct. 3, 1980, unless otherwise noted.

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 89 FR 21210, Mar. 27, 2024]

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

20 C.F.R. § 416.1142

(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.
Notes, amendments, and revision history

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 57 FR 53850, Nov. 13, 1992; 70 FR 6345, Feb. 7, 2005; 70 FR 41137, July 18, 2005; 89 FR 28622, Apr. 19, 2024]

Authority

Authority: 42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Source

Source: 45 FR 65547, Oct. 3, 1980, unless otherwise noted.

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 57 FR 53850, Nov. 13, 1992; 70 FR 6345, Feb. 7, 2005; 70 FR 41137, July 18, 2005; 89 FR 28622, Apr. 19, 2024]

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

20 C.F.R. § 416.1143

(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) or assistance based on need described in § 416.1124(c)(2).
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Source

Source: 45 FR 65547, Oct. 3, 1980, unless otherwise noted.

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

20 C.F.R. § 416.1144

(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, 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) or (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.
Notes, amendments, and revision history

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 51 FR 34464, Sept. 29, 1986; 70 FR 6345, Feb. 7, 2005]

Authority

Authority: 42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Source

Source: 45 FR 65547, Oct. 3, 1980, unless otherwise noted.

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 51 FR 34464, Sept. 29, 1986; 70 FR 6345, Feb. 7, 2005]

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

20 C.F.R. § 416.1145

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.
Notes, amendments, and revision history

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 70 FR 6345, Feb. 7, 2005]

Authority

Authority: 42 U.S.C. 902(a)(5), 1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 1383, and 1383b; sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Source

Source: 45 FR 65547, Oct. 3, 1980, unless otherwise noted.

Amendments

[45 FR 65547, Oct. 3, 1980, as amended at 70 FR 6345, Feb. 7, 2005]