Section 416.1801 - Introduction(a)What is in this subpart. This subpart contains the basic rules for deciding for SSI purposes whether a person is considered married and, if so, to whom; whether a person is considered a child; and whether a person is considered another person's parent. It tells what information and evidence we need to decide these facts.(b)Related subparts. Subpart D discusses how to determine the amount of a person's benefits; subpart G discusses what changes in a person's situation he or she must report to us; subpart K discusses how we count income; and subpart L discusses how we count resources (money and property). The questions of whether a person is married, to whom a person is married, whether a person is a child, and who is a person's parent must be answered in order to know which rules in subparts D, G, K, and L apply.(c)Definitions. In this subpart- Eligible spouse means a person-
(1) Who is eligible for SSI,(2) Whom we consider the spouse of another person who is eligible for SSI, and(3) Who was living in the same household with that person on-(i) The first day of the month following the date the application is filed (for the initial month of eligibility for payment based on that application);(ii) The date a request for reinstatement of eligibility is filed (for the month of such request); or(iii) The first day of the month, for all other months. An individual is considered to be living with an eligible spouse during temporary absences as defined in § 416.1149 and while receiving continued benefits under section 1611(e)(1) (E) or (G) of the Act. Spouse means a person's husband or wife under the rules of §§ 416.1806 through 416.1835 of this part.
We and us mean the Social Security Administration.
You means a person who has applied for or has been receiving SSI benefits, or a person for whom someone else has applied for or has been receiving SSI benefits.
45 FR 71795, Oct. 30, 1980. Redesignated at 46 FR 29211, May 29, 1981; 46 FR 42063, Aug. 19, 1981, as amended at 60 FR 16376, Mar. 30, 1995; 64 FR 31975, June 15, 1999; 65 FR 16815 , Mar. 30, 2000