[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: 20CFR416.222]

[Page 726-727]
 
                      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. 416.222  Who is an essential person.

    (a) General rule. A person is an essential person if--
    (1) That person has continuously lived in the home of the same 
qualified individual since December 1973;
    (2) That person was not eligible for State assistance for December 
1973;
    (3) That person was never eligible for SSI benefits in his or her 
own right or as an eligible spouse; and
    (4) There are State records which show that under a State plan in 
effect for June 1973, the State took that person's needs into account in 
determining the qualified individual's need for State assistance for 
December 1973.

Any person who meets these requirements is an essential person. This 
means that the qualified individual can have more than one essential 
person.
    (b) Absence of an essential person from the home of a qualified 
individual. An essential person may be temporarily absent from the house 
of a qualified individual and still be an essential person. For example, 
the essential person could be hospitalized. We consider an absence to 
temporary if--
    (1) The essential person intends to return;
    (2) The facts support this intention;
    (3) It is likely that he or she will return; and
    (4) The absence is not longer than 90 days.
    (c) Absence of a qualified individual from his or her home. You may 
be temporarily absent from your home and still have an essential person. 
For example, you could be hospitalized. We consider an absence to be 
temporary if--
    (1) You intend to return;
    (2) The facts support your intention;

[[Page 727]]

    (3) It is likely that you will return; and
    (4) Your absence does not exceed six months.
    (d) Essential person becomes eligible for SSI benefits. If an 
essential person becomes eligible for SSI benefits, he or she will no 
longer be an essential person beginning with the month that he or she 
becomes eligible for the SSI benefits.