---
kind: "section"
citation: "20 C.F.R. § 416.1262"
title: "20"
number: "416.1262"
heading: "Special resource provision applicable in cases involving essential persons."
url: "https://uscodex.org/cfr/20/416.1262"
---

# §416.1262. Special resource provision applicable in cases involving essential persons.

- (a) **Essential persons continuously meet criteria of eligibility.** In determining the resources of an individual (and spouse, if any) who meet the conditions specified in [§ 416.1260](/cfr/20/416.1260.md) and whose payment standard is increased because such individual has in his home an essential person (as defined in [§ 416.222](/cfr/20/416.222.md)), either the State plan resource limit and exclusions (as specified in [§ 416.1260](/cfr/20/416.1260.md)) applicable to cases in which the needs of an essential person are taken into account in determining the individual's needs, or the resource limit as specified in [§ 416.1205](/cfr/20/416.1205.md) and exclusions as specified in [§ 416.1210](/cfr/20/416.1210.md), whichever is most advantageous to the individual (and spouse), will be used.
- (b) **Essential person fails to meet criteria of eligibility.** If for any month after December 1973 a person fails to meet the criteria for an essential person as specified in [§ 416.222](/cfr/20/416.222.md), in determining the resources of an individual (and spouse, if any) either the State plan resource limit and criteria as specified in [§ 416.1260](/cfr/20/416.1260.md) applicable to the individual or individual and spouse, as the case may be, or the resource limit as specified in [§ 416.1205](/cfr/20/416.1205.md) and exclusions as specified in [§ 416.1210](/cfr/20/416.1210.md), whichever is most advantageous to the individual (and spouse), will be used.

## Notes

### Amendments

[39 FR 33797, Sept. 20, 1974, as amended at 51 FR 10616, Mar. 28, 1986]

### 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]