---
kind: "section"
citation: "20 C.F.R. § 416.428"
title: "20"
number: "416.428"
heading: "Eligible individual without an eligible spouse has an essential person in his home."
url: "https://uscodex.org/cfr/20/416.428"
---

# §416.428. Eligible individual without an eligible spouse has an essential person in his home.


When an eligible individual without an eligible spouse has an essential person (as defined in [§ 416.222](/cfr/20/416.222.md) of this part) in his home, the amount by which his rate of payment is increased is determined in accordance with [§§ 416.220 through 416.223](/cfr/20/416.220..416.223.md) and with 416.413 of this part. The essential person's income is deemed to be that of the eligible individual, and the provisions of [§§ 416.401 through 416.426](/cfr/20/416.401..416.426.md) will apply in determining the benefit of such eligible individual.


## Notes

### Amendments

[39 FR 23053, June 26, 1974, as amended at 51 FR 10616, Mar. 28, 1986; 65 FR 16814, Mar. 30, 2000]

### Authority

Authority: Secs. 702(a)(5), 1611 (a), (b), (c), and (e), 1612, 1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382 (a), (b), (c), and (e), 1382a, 1382f, and 1383).

### Amendments

[39 FR 23053, June 26, 1974, as amended at 51 FR 10616, Mar. 28, 1986; 65 FR 16814, Mar. 30, 2000]