[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: 20CFR418]

[Page 1190]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 418_MEDICARE SUBSIDIES--Table of Contents
 
                   Subpart D_Medicare Part D Subsidies
 
Sec.  418.3410  Whose resources do we count?

    (a) We count your resources. We count the resources of both you and 
your spouse regardless of whether one or both of you apply or are 
eligible for the subsidy if you are married and live with your spouse as 
of the month for which we determine your eligibility based on an 
application for a subsidy, as of the month for which we redetermine your 
eligibility for a subsidy as described in Sec.  418.3125, or as of the 
month for which we determine your eligibility due to a change you 
reported as described in Sec.  418.3120.
    (b) We will determine your eligibility based on your resources alone 
if you are not married or if you are married but you are separated from 
your spouse at the time you apply for a subsidy or at the time we 
redetermine your eligibility for a subsidy as described in Sec.  
418.3125.
    (c) If your subsidy is based on the resources of you and your spouse 
and we redetermine your subsidy as described in Sec.  418.3120(b)(1), we 
will stop counting the resources of your spouse in the month following 
the month that we receive a report that your marriage ended due to 
death, divorce, or annulment; or a report that you and your spouse 
stopped living together.
    (d) If your subsidy is based on the resources of you and your 
spouse, we will continue counting the resources of both you and your 
spouse if one of you is temporarily away from home as described in Sec.  
404.347 of this chapter.