---
kind: "section"
citation: "42 C.F.R. § 435.126"
title: "42"
number: "435.126"
heading: "Individuals eligible as qualified disabled and working individuals."
url: "https://uscodex.org/cfr/42/435.126"
---

# §435.126. Individuals eligible as qualified disabled and working individuals.

- (a) **Basis.** This section implements sections [1902(a)(10)(E)(ii)](/cfr/42/1902.md?p=a-10-E-ii) and [1905(s)](/cfr/42/1905.md?p=s) of the Act.
- (b) **Eligibility.** The agency must provide medical assistance to individuals who meet all of the following:
  - (1) Are entitled to Medicare Part A based on the eligibility requirements set forth in [§ 406.20(c)](/cfr/42/406.20.md?p=c) of this chapter.
  - (2) Have income, subject to paragraphs (b)(2)(1)(i) and (ii) of this section, that is less than or equal to 200 percent of the federal poverty level.
    - (i) During a transition month (as defined in [paragraph (b)(2)(ii)](#b-2-ii) of this section), any income attributable to a cost of living adjustment in Social Security retirement, survivors, or disability benefits does not count in determining an individual's income.
    - (ii) A transition month is any month of the year beginning when the cost of living adjustment takes effect, through the month following the month of publication of the revised official poverty level.
  - (3) Have resources that do not exceed twice the SSI resource standard described in [section 1613](/cfr/42/1613.md) of the Act.
- (c) **Scope.** Medical assistance included in [paragraph (b)](#b) of this section is coverage of the Part A premium.

## Notes

### Amendments

[87 FR 66511, Nov. 3, 2022]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45204, Sept. 29, 1978, unless otherwise noted.

### Amendments

[87 FR 66511, Nov. 3, 2022]