---
kind: "section"
citation: "20 C.F.R. § 416.1801"
title: "20"
number: "416.1801"
heading: "Introduction."
url: "https://uscodex.org/cfr/20/416.1801"
---

# §416.1801. Introduction.

- (a) **What is in this subpart.** This subpart contains the basic rules for deciding for SSI purposes whether a person is considered married and, if so, to whom; whether a person is considered a child; and whether a person is considered another person's parent. It tells what information and evidence we need to decide these facts.
- (b) **Related subparts.** [Subpart D](/cfr/20/subpartD.md) discusses how to determine the amount of a person's benefits; [subpart G](/cfr/20/subpartG.md) discusses what changes in a person's situation he or she must report to us; [subpart K](/cfr/20/subpartK.md) discusses how we count income; and [subpart L](/cfr/20/subpartL.md) discusses how we count resources (money and property). The questions of whether a person is married, to whom a person is married, whether a person is a child, and who is a person's parent must be answered in order to know which rules in subparts [D](/cfr/20/subpartD.md), [G](/cfr/20/subpartG.md), K, and L apply.
- (c) **Definitions.** In this subpart—

  Eligible spouse means a person—

  - (1) Who is eligible for SSI,
  - (2) Whom we consider the spouse of another person who is eligible for SSI, and
  - (3) **Who was living in the same household with that person on—**
    - (i) The first day of the month following the date the application is filed (for the initial month of eligibility for payment based on that application);
    - (ii) The date a request for reinstatement of eligibility is filed (for the month of such request); or
    - (iii) **The first day of the month, for all other months.** An individual is considered to be living with an eligible spouse during temporary absences as defined in [§ 416.1149](/cfr/20/416.1149.md) and while receiving continued benefits under [section 1611(e)(1)](/cfr/20/1611.md?p=e-1) (E) or (G) of the Act.

      Spouse means a person's husband or wife under the rules of [§§ 416.1806 through 416.1835](/cfr/20/416.1806..416.1835.md) of this part.

      We and us mean the Social Security Administration.

      You means a person who has applied for or has been receiving SSI benefits, or a person for whom someone else has applied for or has been receiving SSI benefits.


## Notes

### Amendments

[45 FR 71795, Oct. 30, 1980. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981, as amended at 60 FR 16376, Mar. 30, 1995; 64 FR 31975, June 15, 1999; 65 FR 16815, Mar. 30, 2000]

### Authority

Authority: Secs. 702(a)(5), 1612(b), 1614(b), (c), and (d), and 1631(d)(1) and (e) of the Social Security Act (42 U.S.C. 902(a)(5), 1382a(b), 1382c(b), (c), and (d) and 1383(d)(1) and (e)).

### Source

Source: 45 FR 71795, Oct. 30, 1980, unless otherwise noted. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981.

### Amendments

[45 FR 71795, Oct. 30, 1980. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981, as amended at 60 FR 16376, Mar. 30, 1995; 64 FR 31975, June 15, 1999; 65 FR 16815, Mar. 30, 2000]