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§416.202. Who may get SSI benefits.

20 C.F.R. § 416.202

You are eligible for SSI benefits if you meet all of the following requirements:
(a)
You are—
(1)
Aged 65 or older (subpart H);
(2)
Blind (subpart I); or
(3)
Disabled (subpart I).
(b)
You are a resident of the United States (§ 416.1603), and—
(1)
A citizen or a national of the United States (§ 416.1610);
(2)
An alien lawfully admitted for permanent residence in the United States (§ 416.1615);
(3)
An alien permanently residing in the United States under color of law (§ 416.1618); or
(4)
A child of armed forces personnel living overseas as described in § 416.216.
(c)
You do not have more income than is permitted (subparts K and D).
(d)
You do not have more resources than are permitted (subpart L).
(e)
[Reserved]
(f)
You are not—
(1)
Fleeing to avoid prosecution for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State);
(2)
Fleeing to avoid custody or confinement after conviction for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which you flee (or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of that State); or
(3)
Violating a condition of probation or parole imposed under Federal or State law.
(g)
You file an application for SSI benefits (subpart C).
Notes, amendments, and revision history

Amendments

[47 FR 3103, Jan. 22, 1982, as amended at 58 FR 4897, Jan. 19, 1993; 60 FR 8149, Feb. 10, 1995; 61 FR 10277, Mar. 13, 1996; 65 FR 40495, June 30, 2000; 91 FR 16830, Apr. 3, 2026]

Authority

Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C. 902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C. 1382h note ).

Source

Source: 47 FR 3103, Jan. 22, 1982, unless otherwise noted.

Amendments

[47 FR 3103, Jan. 22, 1982, as amended at 58 FR 4897, Jan. 19, 1993; 60 FR 8149, Feb. 10, 1995; 61 FR 10277, Mar. 13, 1996; 65 FR 40495, June 30, 2000; 91 FR 16830, Apr. 3, 2026]