---
kind: "section"
citation: "20 C.F.R. § 416.1203"
title: "20"
number: "416.1203"
heading: "Deeming of resources of an essential person."
url: "https://uscodex.org/cfr/20/416.1203"
---

# §416.1203. Deeming of resources of an essential person.


In the case of a qualified individual (as defined in [§ 416.221](/cfr/20/416.221.md)) whose payment standard has been increased because of the presence of an essential person (as defined in [§ 416.222](/cfr/20/416.222.md)), the resources of such qualified individual shall be deemed to include all the resources of such essential person with the exception of the resources explained in §§ [416.1210(t)](/cfr/20/416.1210.md?p=t) and [416.1249](/cfr/20/416.1249.md). If such qualified individual would not meet the resource criteria for eligibility (as defined in §§ [416.1205](/cfr/20/416.1205.md) and [416.1260](/cfr/20/416.1260.md)) because of the deemed resources, then the payment standard increase because of the essential person will be nullified and the provision of this section will not apply; essential person status is lost permanently. However, if such essential person is an ineligible spouse of a qualified individual or a parent (or spouse of a parent) of a qualified individual who is a child under age 21, then the resources of such person will be deemed to such qualified individual in accordance with the provision in [§ 416.1202](/cfr/20/416.1202.md).


## Notes

### Amendments

[39 FR 33797, Sept. 20, 1974, as amended at 51 FR 10616, Mar. 28, 1986; 70 FR 41138, July 18, 2005]

### Authority

Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f), 1621, 1631, and 1633 of the Social Security Act (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: 40 FR 48915, Oct. 20, 1975, unless otherwise noted.

### Amendments

[39 FR 33797, Sept. 20, 1974, as amended at 51 FR 10616, Mar. 28, 1986; 70 FR 41138, July 18, 2005]