(a) What the rule is. Instead of determining the actual dollar value of in-kind support and maintenance, we count one-third of the Federal benefit rate as additional income if you (or you and your eligible spouse)—
(1) Live in another person's household (see § 416.1132) for a full calendar month except for temporary absences (see § 416.1149); and
(2) Receive shelter from others living in the household. (If you do not receive shelter from others living in the household, see § 416.1140); and
(3) Others within the household pay for or provide you with all of your meals. If others within the household do not pay for or provide you with all of your meals, any ISM received for shelter will be calculated under the PMV rule (see § 416.1140).
(b) How we apply the one-third reduction rule. The one-third reduction applies in full or not at all. When you are living in another person's household, and the one-third reduction rule applies, we do not apply any income exclusions to the reduction amount. However, we do apply appropriate exclusions to any other earned or unearned income you receive. If you have an eligible spouse we apply the rules described in § 416.1147.
(c) If you receive other support and maintenance. If the one-third reduction rule applies to you, we do not count any other in-kind support and maintenance you receive.
[45 FR 65547, Oct. 3, 1980, as amended at 50 FR 48574, Nov. 26, 1985; 89 FR 21210, Mar. 27, 2024]
Notes of Decisions
Davie v. Off. of Child Support Enf't, 76 S.W.3d 873 (Ark. 2002).
· cites it 3× “However, because appellant’s food and shelter were provided by his mother, the one-third reduction rule was applied, and $196.”
Glasgold v. Sec'y of Health & Human Servs., 558 F. Supp. 129 (E.D.N.Y 1982).
· cites it 4× “However, the implementing regulation specifically provides that the one-third rule applies only when the recipient “lives in another person’s household”, 20 CFR § 416.1131 (a)(1) (1981), and receives both food and shelter from the person in whose household the recipient is…”
Danielle Gordon v. Donna E. Shalala, Sec'y of Health & Human Servs., 55 F.3d 101 (2d Cir. 1995).
· cites it 2× “20 C.F.R. § 416.1131 . In other situations, the Social Security Administration (“SSA”) presumes that the in-kind income is worth a maximum value that is one-third the recipient’s federal benefit rate plus $20 (the general unallocated income exclusion described in 20 C.”
Hecht v. Barnhart, 217 F. Supp. 2d 356 (E.D.N.Y 2002).
“20 C.F.R. § 416.1131 . Plaintiff also argues that there are material issues of fact that require this Court to remand the case.”
Rothman v. Schweiker, 706 F.2d 407 (2d Cir. 1983).
“20 C.F.R. § 416.1131 (1982). 4 Where the eligible individual is living in his own household or in the household of another but is receiving not food and shelter, but only food or shelter, the “presumed value” rule applies.”
Moreland v. Sullivan, 765 F. Supp. 970 (C.D. Ill. 1991).
“20 C.F.R. § 416.1131 . That reduction recognizes that, because More-land’s living expenses are reduced by living in another’s household, the amount of her disability benefits may be reduced also.”
Hassbrock v. Barnhart, 457 F. Supp. 2d 736 (S.D. Tex. 2006).
· cites it 2× “See 20 C.F.R. § 416.1131 (describing the “one-third reduction rule”).”
Sharma v. Barnhart, 32 F. App'x 236 (9th Cir. 2002).
“20 C.F.R. § 416.1131 . If such a claimant pays his or her pro rata share of a reasonable estimate of the monthly household operating expenses, then the one-third reduction rule does not apply.”
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