20 C.F.R. § 416.1133

What is a pro rata share of household operating expenses

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(a) General. If you pay your pro rata share toward monthly household operating expenses, you are living in your own household and are not receiving in-kind support and maintenance from anyone else in the household. The one-third reduction, therefore, does not apply to you. (If you are receiving shelter from someone outside the household, we value it under the rule in § 416.1140.)

(b) How we determine a pro rata share. Your pro rata share of household operating expenses is the average monthly household operating expenses (based on a reasonable estimate if exact figures are not available) divided by the number of people in the household, regardless of age.

(c) Household operating expenses are the household's total monthly expenditures for rent, mortgage, property taxes, heating fuel, gas, electricity, water, sewerage, and garbage collection service. (The term does not include the cost of these items if someone outside the household pays for them.) Generally, we average household operating expenses over the past 12 months to determine a pro rata share.

[45 FR 65547, Oct. 3, 1980, as amended at 70 FR 6345, Feb. 7, 2005; 89 FR 21210, Mar. 27, 2024]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2002–2022 · leading case: Richard Hoff v. Carolyn Colvin, 667 F. App'x 638 (9th Cir. 2016).

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Richard Hoff v. Carolyn Colvin, 667 F. App'x 638 (9th Cir. 2016). “” 20 C.F.R. § 416.1133 (c). The SSA’s Program Operations Manual System (“POMS”) provides: “An individual’s contribution equals the average amount of cash he/she spends on household operating expenses.”

Tall v. Comm'r of the Soc. Sec. Admin. (D. Maryland 2022). “See 20 C.F.R. § 416.1133 . Plaintiff does not allege that he received in-kind support and maintenance, and the Appeals Council does not state that Plaintiff received in-kind support and maintenance or that Plaintiff’s SSI benefits would be reduced by one- third due to this pro…”

Sharma v. Barnhart, 32 F. App'x 236 (9th Cir. 2002). “20 C.F.R. § 416.1133 . Under the applicable regulations, proceeds of a loan are not considered income to the borrower.”

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