20 C.F.R. § 416.1102

What is income?

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Income is anything that you receive in cash or in-kind that you can use to meet your needs for food or shelter. For purposes of this definition, income may be received actually or constructively. Income is received constructively, unless there are significant restrictions on your ability to receive it, if it is under your control or you can use it despite not actually receiving it. Sometimes income also includes more or less than you actually receive (see §§ 416.1110 and 416.1123(b)). In-kind income is not cash but is something else that you can use to meet your needs for food or shelter. Exception: Food is not included in the calculations of in-kind support and maintenance, which is a type of unearned income that we have special rules for valuing (see §§ 416.1130 through 416.1148).

[89 FR 21209, Mar. 27, 2024]
Notes of Decisions
Cited in 62 cases (5 in the last 5 years), 1980–2026 · leading case: Madgey Jackson v. Richard Schweiker , Sec'y of Health & Human Servs., 683 F.2d 1076 (7th Cir. 1982).
Madgey Jackson v. Richard Schweiker , Sec'y of Health & Human Servs., 683 F.2d 1076 (7th Cir. 1982). · cites it 5× “” 20 C.F.R. § 416.1102 (a) (1980) (emphasis supplied).”
Florence Paxton v. Sec'y of Health & Human Servs., 856 F.2d 1352 (9th Cir. 1988). · cites it 3× “” 20 C.F.R. § 416.1102 . “Deemed income” is someone else’s income that has been deemed to be the claimant’s.”
Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981). · cites it 3× “See 20 C.F.R. §§ 416.1102 , .1120. 6 Moreover, the Secretary asserts that we must give his interpretation a strong presumption of validity because great deference is to be accorded an administrative agency’s interpretation of its own regulations.”
Felicia Grunfeder v. Margaret Heckler, Sec'y of Health & Human Servs., 748 F.2d 503 (9th Cir. 1984). · cites it 3× “” 20 C.F.R. § 416.1102 (a) (1981). In determining the proper accommodation between the Veterans Administration regulations and the SSI provisions, we noted that “[t]he interpretation of the Veterans Administration regulations by the Secretary of Health and Human Services, a…”
Ahern v. Thomas, 733 A.2d 756 (Conn. 1999). · cites it 2× “” 20 C.F.R. § 416.1102 . Taken together, the relevant regulations governing eligibility for SSI benefits and § 3215.”
Mitson by & Through Jones v. Coler, 674 F. Supp. 851 (S.D. Fla. 1987). · cites it 4× “The Preliminary Injunction The central issue considered in the preliminary injunction opinion was the proper interpretation of certain HHS regulations defining income for the purpose of Supplemental Security Income eligibility, 20 C.F. R. Sections 416.1102 and 416.1103.”
Est. of Krueger Ex Rel. Krueger v. Richland Cnty. Soc. Servs., 526 N.W.2d 456 (N.D. 1994). · cites it 2× “" 20 C.F.R. § 416.1102 . The regulations also define what is not income.”
Concepcion Ceguerra Napoleon Ceguerra v. Sec'y of Health & Human Servs., 933 F.2d 735 (9th Cir. 1991). “20 C.F.R. § 416.1102 (1990). Indeed, the Hickman court noted that throughout the statute and the regulations, income is consistently defined to include both cash income and in-kind income.”
Hugh Whaley v. Richard S. Schweiker, Sec'y of Health & Human Servs., 663 F.2d 871 (9th Cir. 1981). “20 C.F.R. § 416.1102 (1981) defines income in terms of availability to meet the recipient’s basic needs.”
Cervantez v. Sullivan, 963 F.2d 229 (9th Cir. 1992). · cites it 4× “, 20 C.F.R. § 416.1102 , which has long defined income as “anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter.”
Delma Usher v. Richard S. Schweiker, Sec'y of Health & Human Servs., 666 F.2d 652 (1st Cir. 1981). “” 20 C.F.R. § 416.1102 . Moreover, “support and maintenance in kind encompasses food, clothing, and shelter or any portion of any .”
Nunemaker, Isabelle v. Sec. Hew Usa, Patricia Roberts Harris, Sec'y of Health, Educ. & Welfare, & Her Successor or Successors in Off., 679 F.2d 328 (3rd Cir. 1982). · cites it 2× “” 20 C.F.R. § 416.1102 (a) (1980). Section 416.”
— 20 C.F.R. § 416.1102(a) — 2 cases
Rothman v. Schweiker, 706 F.2d 407 (2d Cir. 1983).
Rothman v. Schweiker, 706 F.2d 407 (2d Cir. 1983).
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