---
kind: "range"
citation: "20 C.F.R. §§ 416.1320–416.1330"
title: "20"
from: "416.1320"
to: "416.1330"
count: 9
url: "https://uscodex.org/cfr/20/416.1320..416.1330"
---

# §416.1320. Suspensions; general.

- (a) **When suspension is proper.** Suspension of benefit payments is required when a recipient is alive but no longer meets the requirements of eligibility under title XVI of the Act (see [subpart B](/cfr/20/subpartB.md) of this part) and termination in accordance with [§§ 416.1331 through 416.1335](/cfr/20/416.1331..416.1335.md) does not apply. (This subpart does not cover suspension of payments for administrative reasons, as, for example, when mail is returned as undeliverable by the Postal Service and the Administration does not have a valid mailing address for a recipient or when the representative payee dies and a search is underway for a substitute representative payee.)
- (b) **Effect of suspension.**
  - (1) When payments are correctly suspended due to the ineligibility of a recipient, payments shall not be resumed until the individual again meets all requirements for eligibility except the filing of a new application. Such recipient, upon requesting reinstatement, shall be required to submit such evidence as may be necessary (except evidence of age, disability, or blindness) to establish that he or she again meets all requirements for eligibility under this part. Payments to such recipient shall be reinstated effective with the first day such recipient meets all requirements for eligibility except the filing of a new application.
  - (2) A month of ineligibility for purposes of determining when to prorate the SSI benefit payment for a subsequent month, is a month for which the individual is ineligible for any Federal SSI benefit and any federally administered State supplementation.
- (c) **Actions which are not suspensions.** Payments are not “suspended,” but the claim is disallowed, when it is found that:
  - (1) The claimant was notified in accordance with [§ 416.210(c)](/cfr/20/416.210.md?p=c) at or about the time he filed application and before he received payment of a benefit that he should file a claim for a payment of the type discussed in [§ 416.1330](/cfr/20/416.1330.md) and such claimant has failed, without good cause (see [§ 416.210(e)(2)](/cfr/20/416.210.md?p=e-2)), to take all appropriate steps within 30 days after receipt of such notice to file and prosecute an application for such payment;
  - (2) Upon initial application, payment of benefits was conditioned upon disposal of specified resources which exceeded the permitted amount and the claimant did not comply with the agreed-upon conditions;
  - (3) Payment was made to an individual faced with a financial emergency who was later found to have been not eligible for payment; or
  - (4) **Payment was made to an individual presumed to be disabled and such disability is not established.**
- (d) **Exception.** Even though conditions described in [paragraph (a)](#a) of this section apply because your impairment is no longer disabling or you are no longer blind under § [416.986(a)(1)](/cfr/20/416.986.md?p=a-1), [(a)(2)](/cfr/20/416.986.md?p=a-2) or [(b)](/cfr/20/416.986.md?p=a-b), we will not suspend your benefits for this reason if—
  - (1) You are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services, as described in § [416.1338(c)](/cfr/20/416.1338.md?p=c) and [(d)](/cfr/20/416.1338.md?p=d);
  - (2) You began participating in the program before the date your disability or blindness ended; and
  - (3) We have determined under [§ 416.1338(e)](/cfr/20/416.1338.md?p=e) that your completion of the program, or your continuation in the program for a specified period of time, will increase the likelihood that you will not have to return to the disability or blindness benefit rolls.

# §416.1321. Suspension for not giving us permission to contact financial institutions.

- (a) If you don't give us permission to contact any financial institution and request any financial records about you when we think it is necessary to determine your SSI eligibility or payment amount, or if you cancel the permission, you cannot be eligible for SSI payments (see [§ 416.207](/cfr/20/416.207.md)) and we will stop your payments. Also, if anyone whose income and resources we consider as being available to you (see §§ [416.1160](/cfr/20/416.1160.md), [416.1202](/cfr/20/416.1202.md), [416.1203](/cfr/20/416.1203.md) and [416.1204](/cfr/20/416.1204.md)) doesn't give us permission to contact any financial institution and request any financial records about that person when we think it is necessary to determine your SSI eligibility or payment amount, or that person cancels the permission, you cannot be eligible for SSI payments and we will stop your payments. We will not find you ineligible and/or stop your payments if the person whose income and resources we consider as being available to you fails to give or continue permission and good cause, as discussed in [§ 416.207(h)](/cfr/20/416.207.md?p=h), exists.
- (b) We will suspend your payments starting with the month after the month in which we notify you in writing that:
  - (1) You failed to give us permission to contact any financial institution and request any financial records about you, or
  - (2) The person(s) whose income and resources we consider as being available to you failed to give us such permission.
- (c) If you are otherwise eligible, we will start your benefits in the month following the month in which:
  - (1) You give us permission to contact any financial institution and request any financial records about you, or
  - (2) The person(s) whose income and resources we consider as being available to you gives us such permission.

# §416.1322. Suspension due to failure to comply with request for information.

- (a) Suspension of benefit payments is required effective with the month following the month in which it is determined in accordance with [§ 416.714(b)](/cfr/20/416.714.md?p=b) that the individual is ineligible for payment due to his or her failure to comply with our request for necessary information. When we have information to establish that benefit payments are again payable, the benefit payments will be reinstated for any previous month for which the individual continued to meet the eligibility requirements of [§ 416.202](/cfr/20/416.202.md). If the reason that an individual's benefits were suspended was failure to comply with our request for information, the payments for the months that benefits are reinstated will not be prorated under [§ 416.421](/cfr/20/416.421.md).
- (b) A suspension of payment for failure to comply with our request for information will not apply with respect to any month for which a determination as to eligibility for or amount of payment can be made based on information on record, whether or not furnished by an individual specified in [§ 416.704(a)](/cfr/20/416.704.md?p=a). Where it is determined that the information of record does not permit a determination with respect to eligibility for or amount of payment, notice of a suspension of payment due to a recipient's failure to comply with a request for information will be sent in accordance with §§ [416.1336](/cfr/20/416.1336.md) and [416.1404](/cfr/20/416.1404.md).

# §416.1323. Suspension due to excess income.

- (a) **Effective date.** Suspension of payments due to ineligibility for benefits because of excess income is effective with the first month in which “countable income” (see [§§ 416.1100 through 416.1124](/cfr/20/416.1100..416.1124.md) of this part) equals or exceeds the amount of benefits otherwise payable for such month (see [subpart D](/cfr/20/subpartD.md) of this part). This rule applies regardless of the month in which the income is received.
- (b) **Resumption of payments.** If benefits are otherwise payable, they will be resumed effective with the first month in which a recipient's monthly countable income becomes less than the applicable Federal benefit rate (or the sum of that rate and the level for any federally administered State supplementary payment) for that month. If the reason that a recipient's benefits were suspended was excess income, the payment for the first month that benefits are reinstated will not be prorated under [§ 416.421](/cfr/20/416.421.md).

# §416.1324. Suspension due to excess resources.

- (a) **Effective date.** Except as specified in [§§ 416.1240 through 416.1242](/cfr/20/416.1240..416.1242.md), suspension of benefit payments because of excess resources is required effective with the month in which:
  - (1) **Ineligibility exists because countable resources are in excess of—**
    - (i) The resource limits prescribed in [§ 416.1205](/cfr/20/416.1205.md) for an individual and an individual and spouse, or
    - (ii) In the case of an eligible individual (and eligible spouse, if any) who for the month of December 1973 was a recipient of aid or assistance under a State plan approved under title I, X, XIV, or XVI of the Act, the maximum amount of resources specified in such State plan as in effect for October 1972, if greater than the amounts specified in [§ 416.1205](/cfr/20/416.1205.md), as applicable; or
  - (2) After eligibility has been established, payment of benefits was conditioned upon disposal of specified resources, which exceeded the permitted amount and the claimant did not comply with the agreed upon conditions.
  - (3) The amount of an individual's or couple's countable resources is determined as of the first moment of each calendar quarter.
- (b) **Resumption of payments.** If benefits are otherwise payable, they will be resumed effective with the start of the month after the month in which a recipient's countable resources no longer exceed the limit that applies. If the reason that a recipient's benefits were suspended was excess resources, the payment for the first month that benefits are reinstated will not be prorated under [§ 416.421](/cfr/20/416.421.md).

# §416.1325. Suspension due to status as a resident of a public institution.

- (a) Except as provided in § [416.211 (b)](/cfr/20/416.211.md?p=b) and [(c)](/cfr/20/416.211.md?p=c), a recipient is ineligible for benefits for the first full calendar month in which he or she is a resident of a public institution (as defined in [§ 416.201](/cfr/20/416.201.md)) throughout the calendar month (as defined in [§ 416.211(a)](/cfr/20/416.211.md?p=a)), and payments are suspended effective with such first full month. Such ineligibility continues for so long as such individual remains a resident of a public institution.
- (b) **Resumption of payments.** If benefits are otherwise payable, they will be resumed effective with the earliest day of the month in which a recipient is no longer a resident of a public institution. See [§ 416.421](/cfr/20/416.421.md). A transfer from one public institution to another or a temporary absence from the institution lasting 14 days or less, however, will not change his or her status as a resident, and the suspension will continue.

# §416.1327. Suspension due to absence from the United States.

- (a) **Suspension effective date.** A recipient is not eligible for SSI benefits if he is outside the United States for a full calendar month. For purposes of this paragraph—
  - (1) United States means the 50 States, the District of Columbia, and the Northern Mariana Islands:
  - (2) Day means a full 24-hour day; and
  - (3) In determining whether a recipient has been outside the United States for a full calendar month, it must be established whether the recipient is outside the United States for 30 consecutive days or more. If yes, he or she will be treated as remaining outside the United States until he or she has returned to and remained in the United States for a period of 30 consecutive days. When a recipient has been outside the United States, the first period of 30 consecutive days of absence is counted beginning with the day after the day the recipient departs from the United States and ending with the day before the day on which he or she returns to the United States. When a recipient has returned to the United States, the second period of 30 consecutive days starts on the day the individual returned and ends on the 30th day of continuous presence in the United States. Benefits will be suspended effective with the first full calendar month in which a recipient is outside the United States.
- (b) **Resumption of payments after absence from the United States.** If benefits are otherwise payable they will be resumed—
  - (1) Effective with the day following the 30th day of continuous presence in the United States after the recipient's return if the absence was for 30 consecutive days or more.
  - (2) Effective with the day the recipient returned to the United States, if the absence from the United States was for a full calendar month, but for less than 30 consecutive days (this can occur only for the calendar month of February).

# §416.1329. Suspension due to loss of United States residency, United States citizenship, or status as an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.

- (a) A recipient ceases to be an eligible individual or eligible spouse, under section 1614(a)(1)(B) of the Act, when he or she ceases to meet the requirement of [§ 416.202(b)](/cfr/20/416.202.md?p=b) with respect to United States residency, United States citizenship, or status as an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Payments are suspended effective with the first month after the last month in which a recipient meets the requirements of [§ 416.202(b)](/cfr/20/416.202.md?p=b).
- (b) **Resumption of payments.** If benefits are otherwise payable, they will be resumed effective with the earliest day of the month on which the recipient again meets both the residence and citizenship or lawfully admitted alien or color of law requirements. See [§ 416.421](/cfr/20/416.421.md).

# §416.1330. Suspension due to failure to apply for and obtain other benefits.

- (a) **Suspension effective date.** A recipient ceases to be an eligible individual or eligible spouse when, in the absence of a showing of incapacity to do so, or other good cause, he or she fails within 30 days after notice from the Social Security Administration of probable eligibility, to take all appropriate steps to apply for and, if eligible, to obtain payments such as an annuity, pension, retirement, or disability benefit, including veterans' compensation, old-age, survivors, and disability insurance benefit, railroad retirement annuity or pension, or unemployment insurance benefit. Benefit payments are suspended due to such ineligibility effective with the month in which the recipient was notified in writing of the requirement that he or she file and take all appropriate steps to receive the other benefits. See [§ 416.210(e)](/cfr/20/416.210.md?p=e).
- (b) **Resumption of payment.** If benefits are otherwise payable, they will be resumed effective with the earliest day of the month on which the recipient takes the necessary steps to obtain the other benefits. See [§ 416.421](/cfr/20/416.421.md).