[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR416.201]

[Page 719-720]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED--Table of Contents
 
                         Subpart B--Eligibility
 
Sec. 416.201  General definitions and terms used in this subpart.

    Any 9-month period means any period of 9 full calendar months ending 
with any full calendar month throughout which (as defined in 
Sec. 416.211) an individual is residing in a public emergency shelter 
for the homeless (as defined in this section) and including the 
immediately preceding 8 consecutive full calendar months. January 1988 
is the earliest possible month in any 9-month period.
    Educational or vocational training means a recognized program for 
the acquisition of knowledge or skills to prepare an individual for 
gainful employment. For purposes of these regulations, educational or 
vocational training does not include programs limited to the acquisition 
of basic life skills including but not limited to eating and dressing.
    Emergency shelter means a shelter for individuals whose homelessness 
poses a threat to their lives or health.
    Homeless individual is one who is not in the custody of any public 
institution and has no currently usable place to live. By custody we 
mean the care and control of an individual in a mandatory residency 
where the individual's freedom to come and go as he or she chooses is 
restricted. An individual in a public institution awaiting discharge and 
placement in the community is in the custody of that institution until 
discharged and is not homeless for purposes of this provision.
    Institution means an establishment that makes available some 
treatment or services in addition to food and shelter to four or more 
persons who are not related to the proprietor.
    Medical care facility means a hospital (defined in section 1861(e) 
of the Act), a skilled nursing facility (defined in section 1861(j) of 
the Act), or an intermediate care facility (defined in section 1905(c) 
of the Act).
    Public emergency shelter for the homeless means a public institution 
or that part of a public institution used as an emergency shelter by the 
Federal government, a State, or a political subdivision of a State, 
primarily for making available on a temporary basis a place to sleep, 
food, and some services or treatment to homeless individuals. A medical 
facility (as defined in Sec. 416.201) or any holding facility, 
detoxification center, foster care facility, or the like that has 
custody of the individual is not a public emergency shelter for the 
homeless. Similarly, transitional living arrangements such as a halfway 
house that are part of an

[[Page 720]]

insitution's plan to facilitate the individual's adjustment to community 
living are not public emergency shelters for the homeless.
    Public institution means an institution that is operated by or 
controlled by the Federal government, a State, or a political 
subdivision of a State such as a city or county. The term public 
institution does not include a publicly operated community residence 
which serves 16 or fewer residents.
    Resident of a public institution means a person who can receive 
substantially all of his or her food and shelter while living in a 
public institution. The person need not be receiving treatment and 
services available in the institution and is a resident regardless of 
whether the resident or anyone else pays for all food, shelter, and 
other services in the institution. A person is not a resident of a 
public institution if he or she is living in a public educational 
institution for the primary purpose of receiving educational or 
vocational training as defined in this section. A resident of a public 
institution means the same thing as an inmate of a public institution as 
used in section 1611(e)(1)(A) of the Social Security Act. (See 
Sec. 416.211(b), (c), and (d) of this subpart for exceptions to the 
general limitation on the eligibility for Supplemental Security Income 
benefits of individuals who are residents of a public institution.)
    SSI means supplemental security income.
    State assistance means payments made by a State to an aged, blind, 
or disabled person under a State plan approved under title I, X, XIV, or 
XVI (AABD) of the Social Security Act which was in effect before the SSI 
Program.
    We or Us means the Social Security Administration.
    You or Your means the person who applies for or receives SSI 
benefits or the person for whom an application is filed.

[47 FR 3103, Jan. 22, 1982, as amended at 49 FR 19639, May 19, 1984; 50 
FR 48570, Nov. 26, 1985; 50 FR 51517, Dec. 18, 1985; 54 FR 19164, May 4, 
1989]