---
kind: "section"
citation: "20 C.F.R. § 416.1235"
title: "20"
number: "416.1235"
heading: "Exclusion of certain payments related to tax credits."
url: "https://uscodex.org/cfr/20/416.1235"
---

# §416.1235. Exclusion of certain payments related to tax credits.

- (a) In determining the resources of an individual (and spouse, if any), we exclude for the 9 months following the month of receipt the following funds received on or after March 2, 2004, the unspent portion of:
  - (1) Any payment of a refundable credit pursuant to section 32 of the Internal Revenue Code (relating to the earned income tax credit);
  - (2) Any payment from an employer under section 3507 of the Internal Revenue Code (relating to advance payment of the earned income tax credit); or
  - (3) Any payment of a refundable credit pursuant to section 24 of the Internal Revenue Code (relating to the child tax credit).
- (b) Any unspent funds described in [paragraph (a)](#a) of this section that are retained until the first moment of the tenth month following their receipt are countable as resources at that time.
- (c) **Exception—** For any payments described in [paragraph (a)](#a) of this section received before March 2, 2004, we will exclude for the month following the month of receipt the unspent portion of any such payment.

## Notes

### Amendments

[75 FR 1273, Jan. 11, 2010]

### 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

[75 FR 1273, Jan. 11, 2010]