[Code of Federal Regulations]

[Title 20, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR416.120]



[Page 833-834]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

               CHAPTER III--SOCIAL SECURITY ADMINISTRATION

 

PART 416_SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED

--Table of Contents

 

       Subpart A_Introduction, General Provisions and Definitions

 

Sec.  416.120  General definitions and use of terms.



    (a) Terms relating to acts and regulations. As used in this part:

    (1) The Act means the Social Security Act as amended (42 U.S.C. 

Chap. 7).

    (2) Wherever a title is referred to, it means such title of the Act.

    (3) Vocational Rehabilitation Act means the act approved June 2, 

1920 (41 Stat. 735), 29 U.S.C. 31-42, as amended, and as may be amended 

from time to time hereafter.

    (b) Commissioner; Appeals Council; defined. As used in this part:

    (1) Commissioner means the Commissioner of Social Security.

    (2) Appeals Council means the Appeals Council of the Office of 

Hearings and Appeals in the Social Security Administration or such 

member or members thereof as may be designated by the Chairman.

    (c) Miscellaneous. As used in this part unless otherwise indicated:

    (1) Supplemental security income benefit means the amount to be paid 

to an eligible individual (or eligible individual and his eligible 

spouse) under title XVI of the Act.

    (2) Income means the receipt by an individual of any property or 

service which he can apply, either directly or by sale or conversion, to 

meeting his basic needs (see subpart K of this part).

    (3) Resources means cash or other liquid assets or any real or 

personal property that an individual owns and could convert to cash to 

be used for support and maintenance (see Sec.  416.1201(a)).

    (4) Attainment of age. An individual attains a given age on the 

first moment of the day preceding the anniversary of his birth 

corresponding to such age.

    (5) Couple means an eligible individual and his eligible spouse.

    (6) Institution (see Sec.  416.201).

    (7) Public institution (see Sec.  416.201).

    (8) Resident of a public institution (see Sec.  416.201).

    (9) State, unless otherwise indicated, means a State of the United 

States, the District of Columbia, or effective January 9, 1978, the 

Northern Mariana Islands.

    (10) The term United States when used in a geographical sense means 

the 50 States, the District of Columbia, and effective January 9, 1978, 

the Northern Mariana Islands.

    (11) Masculine gender includes the feminine, unless otherwise 

indicated.

    (12) Section means a section of the regulations in part 416 of this 

chapter unless the context indicates otherwise.

    (13) Eligible individual means an aged, blind, or disabled 

individual who meets all the requirements for eligibility for



[[Page 834]]



benefits under the supplemental security income program.

    (14) Eligible spouse means an aged, blind, or disabled individual 

who is the husband or wife of another aged, blind, or disabled 

individual and who is living with that individual (see Sec.  

416.1801(c)).

    (d) Periods of limitation ending on nonwork days. Pursuant to the 

Act, where any provision of title XVI, or any provision of another law 

of the United States (other than the Internal Revenue Code of 1954) 

relating to or changing the effect of title XVI, or any regulation of 

the Commissioner issued under title XVI, provides for a period within 

which an act is required to be done which affects eligibility for or the 

amount of any benefit or payment under title XVI or is necessary to 

establish or protect any rights under title XVI and such period ends on 

a Saturday, Sunday, or Federal legal holiday or on any other day all or 

part of which is declared to be a nonworkday for Federal employees by 

statute or Executive Order, then such act shall be considered as done 

within such period if it is done on the first day thereafter which is 

not a Saturday, Sunday, or legal holiday or any other day all or part of 

which is declared to be a nonworkday for Federal employees either by 

statute or Executive Order. For purposes of this paragraph, the day on 

which a period ends shall include the final day of any extended period 

where such extension is authorized by law or by the Commissioner 

pursuant to law. Such extension of any period of limitation does not 

apply to periods during which an application for benefits or payments 

may be accepted as such an application pursuant to subpart C of this 

part.



[39 FR 28625, Aug. 9, 1974, as amended at 43 FR 25091, June 9, 1978; 51 

FR 11719, Apr. 7, 1986; 60 FR 16374, Mar. 30, 1995; 62 FR 38454, July 

18, 1997]