---
kind: "section"
citation: "29 C.F.R. § 35.16"
title: "29"
number: "35.16"
heading: "Special benefits for children and the elderly."
url: "https://uscodex.org/cfr/29/35.16"
---

# §35.16. Special benefits for children and the elderly.


If a recipient is operating a program or activity that provides special benefits to the elderly or to children, the use of such age distinctions is presumed to be necessary to the normal operation of the program or activity, notwithstanding the provisions of [§ 35.12](/cfr/29/35.12.md).


## Notes

### Authority

Authority: 42 U.S.C. 6101 et seq.; 45 CFR Part 90.

### Source

Source: 69 FR 17571, Apr. 2, 2004, unless otherwise noted.
