---
kind: "section"
citation: "20 C.F.R. § 416.2035"
title: "20"
number: "416.2035"
heading: "Optional supplementation: Additional State options."
url: "https://uscodex.org/cfr/20/416.2035"
---

# §416.2035. Optional supplementation: Additional State options.

- (a) **Residency requirement.** A State or political subdivision may impose, as a condition of eligibility, a residency requirement which excludes from eligibility for State supplementary payment any individual who has resided in such State (or political subdivision thereof) for less than a minimum period prescribed by the State. Any such residency requirement will be specified in the agreement.
- (b) **Lien and relative responsibility.** A State which elects Federal administration of its supplementary payments may place a lien upon property of an individual as a consequence of the receipt of such payments or may require that a relative of the individual contribute to a reasonable extent to the support of the individual, providing it is stated in the agreement that:
  - (1) The Commissioner has determined that the specific State laws and their enforcement are consistent with the supplemental security income program purpose of providing unencumbered cash payments to recipients; and
  - (2) The Federal Government is not involved in the administration of such laws and will not vary the State supplementary payment amount it makes to comply with such laws; and
  - (3) Neither the basic Federal benefit nor any part of the State supplementary payment financed by Federal funds will be subject to the liens or encumbrances of such laws.

## Notes

### Amendments

[40 FR 7640, Feb. 21, 1975, as amended at 62 FR 38455, July 18, 1997]

### Authority

Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382e, 1382g, and 1383); sec. 212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8(a), (b)(1)-(b)(3), Pub. L. 93-233, 87 Stat. 956 (7 U.S.C. 612c note, 1431 note and 42 U.S.C. 1382e note); secs. 1(a)-(c) and 2(a), 2(b)(1), 2(b)(2), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note, 1382e note).

### Source

Source: 40 FR 7640, Feb. 21, 1975, unless otherwise noted.

### Amendments

[40 FR 7640, Feb. 21, 1975, as amended at 62 FR 38455, July 18, 1997]