---
kind: "section"
citation: "42 C.F.R. § 435.926"
title: "42"
number: "435.926"
heading: "Continuous eligibility for children."
url: "https://uscodex.org/cfr/42/435.926"
---

# §435.926. Continuous eligibility for children.

- (a) **Basis.** This section implements [section 1902(e)(12)](/cfr/42/1902.md?p=e-12) of the Act.
- (b) **Eligibility.** The agency must provide continuous eligibility for the period specified in [paragraph (c)](#c) of this section for an individual who is:
  - (1) Under age 19; and
  - (2) Eligible and enrolled for mandatory or optional coverage under the State plan in accordance with subpart B or C of this part.
- (c) **Continuous eligibility period.**
  - (1) **The length of the continuous eligibility period is 12 months.**
  - (2) A continuous eligibility period begins on the effective date of the individual's eligibility under [§ 435.915](/cfr/42/435.915.md) or most recent redetermination or renewal of eligibility under [§ 435.916](/cfr/42/435.916.md) and ends after the period specified by the agency under [paragraph (c)(1)](#c-1) of this section.
- (d) **Applicability.** A child's eligibility may not be terminated during a continuous eligibility period, regardless of any changes in circumstances, unless:
  - (1) The child attains age 19;
  - (2) The child or child's representative requests a voluntary termination of eligibility;
  - (3) The child ceases to be a resident of the State;
  - (4) The agency determines that eligibility was erroneously granted at the most recent determination, redetermination or renewal of eligibility because of agency error or fraud, abuse, or perjury attributed to the child or the child's representative; or
  - (5) **The child dies.**

## Notes

### Amendments

[81 FR 86458, Nov. 30, 2016, as amended at 89 FR 94591, Nov. 27, 2024]

### Source

Source: 44 FR 17937, Mar. 23, 1979, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

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

### Amendments

[81 FR 86458, Nov. 30, 2016, as amended at 89 FR 94591, Nov. 27, 2024]