[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: 20CFR416.223]

[Page 844]
 
                      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.  416.223  What happens if you are a qualified individual.

    (a) Increased SSI benefits. We may increase the amount of your SSI 
benefits if--
    (1) You are a qualified individual; and
    (2) You have one or more essential persons in your home.

In subpart D, we explain how these increased benefits are calculated.
    (b) Income and resource limits. If you are a qualified individual, 
we consider the income and resources of an essential person in your home 
to be yours. You are eligible for increased SSI benefits if--
    (1) Your resources which are counted do not exceed the limit for SSI 
eligibility purposes (see subpart L); and
    (2) Your income which is counted for SSI eligibility purposes (see 
subpart K) does not exceed the sum of--
    (i) The SSI Federal benefit rate (see subpart D); and
    (ii) The proper number of essential person increments (for the value 
of an essential person increment see subpart D). One essential person 
increment is added to the SSI Federal benefit rate for each essential 
person in your home.
    (c) Excluding the income and resources of an essential person. (1) 
While an essential person increment increases your SSI Federal benefit 
rate, that person's income which we consider to be yours may actually 
result in a lower monthly payment to you. We will discuss this with you 
and explain how an essential person affects your benefit. If you choose 
to do so, you may ask us in writing to determine your eligibility 
without your essential person or, if you have more than one essential 
person, without one or more of your essential persons. We will then 
figure the amount of your SSI benefits without counting as your own 
income and resources of the essential persons that you specify and we 
will end the essential person increment for those essential persons. You 
should consider this carefully because once you make the request, you 
cannot withdraw it. We will make the change beginning with the month 
following the month that you make the request.
    (2) We will not include the income and resources of the essential 
person if the person's income or resources would cause you to lose your 
eligibility. The loss of the essential person increment will be 
permanent.