---
kind: "section"
citation: "20 C.F.R. § 416.1325"
title: "20"
number: "416.1325"
heading: "Suspension due to status as a resident of a public institution."
url: "https://uscodex.org/cfr/20/416.1325"
---

# §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.

## Notes

### Amendments

[51 FR 13494, Apr. 21, 1986]

### Authority

Authority: Secs. 702(a)(5), 1129A, 1611-1614, 1619, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8a, 1382-1382c, 1382h, and 1383).

### Source

Source: 40 FR 1510, Jan. 8, 1975, unless otherwise noted.

### Amendments

[51 FR 13494, Apr. 21, 1986]