---
kind: "section"
citation: "42 C.F.R. § 406.22"
title: "42"
number: "406.22"
heading: "Effect of month of enrollment on entitlement."
url: "https://uscodex.org/cfr/42/406.22"
---

# §406.22. Effect of month of enrollment on entitlement.

- (a) **Individual age 65 or over.** For an individual who has attained age 65, before January 1, 2023, the following rules apply:
  - (1) If the individual enrolls during the 3 months before the first month of eligibility, entitlement begins with the first month of eligibility.
  - (2) If the individual enrolls in the first month of eligibility, entitlement begins with the following month.
  - (3) If the individual enrolls during the month after the first month of eligibility, entitlement begins with the second month after the month of enrollment.
  - (4) If the individual enrolls in either of the last 2 months of the enrollment period, entitlement begins with the third month after the month of enrollment.
- (b) **Individual age 65 or over.** For an individual who has attained age 65 on or after January 1, 2023, the following rules apply:
  - (1) If the individual enrolls during the first 3 months of their initial enrollment period, entitlement begins with the first month of eligibility.
  - (2) If an individual enrolls during the last 4 months of their initial enrollment period, entitlement begins with the month following the month of enrollment.
- (c) **Individual under age 65.** For an individual who has not attained age 65 and who satisfies the requirements of [§ 406.20(c)](/cfr/42/406.20.md?p=c) before January 1, 2023, the following rules apply:
  - (1) If the individual enrolls before the month in which he or she meets the requirements of [§ 406.20(c)](/cfr/42/406.20.md?p=c), entitlement begins with the month in which the individual meets those requirements.
  - (2) If the individual enrolls in the month in which he or she first meets the requirements of [§ 406.20(c)](/cfr/42/406.20.md?p=c), entitlement begins with the following month.
  - (3) If the individual enrolls in the month following the month in which he or she meets the requirements of [§ 406.20(c)](/cfr/42/406.20.md?p=c), entitlement begins with the second month after the month of enrollment.
  - (4) If the individual enrolls more than one month after the month in which he or she first meets the requirements of [§ 406.20(c)](/cfr/42/406.20.md?p=c), entitlement begins with the third month after the month of enrollment.
- (d) **Individual under age 65.** For an individual who has not attained age 65 and who first satisfies the requirements of [§ 406.20(c)](/cfr/42/406.20.md?p=c) on or after January 1, 2023, the following rules apply:
  - (1) For individuals who enroll during the first 3 months of their IEP, entitlement begins with the first month of eligibility.
  - (2) If an individual enrolls during the month in which they first become eligible or any subsequent month of their IEP, entitlement begins with month following the month of enrollment.

## Notes

### Amendments

[56 FR 38079, Aug. 12, 1991, as amended at 87 FR 66503, Nov. 3, 2022]

### Authority

Authority: 42 U.S.C. 1302, 1395i-2, 1395i-2a, 1395p, 1395q and 1395hh.

### Source

Source: 48 FR 12536, Mar. 25, 1983, unless otherwise noted. Redesignated at 51 FR 41338, Nov. 14, 1986.

### Amendments

[56 FR 38079, Aug. 12, 1991, as amended at 87 FR 66503, Nov. 3, 2022]