20 C.F.R. § 416.1142

If you live in a public assistance household

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(a) Definition. For purposes of our programs, a public assistance household is one that has both an SSI applicant or recipient, and at least one other household member who receives one or more of the listed public income maintenance payments. These are payments made under—

(1) Title IV-A of the Social Security Act (Temporary Assistance for Needy Families);

(2) Title XVI of the Social Security Act (SSI, including federally administered State supplements and State administered mandatory supplements);

(3) The Refugee Act of 1980 (Those payments based on need);

(4) The Disaster Relief and Emergency Assistance Act;

(5) General assistance programs of the Bureau of Indian Affairs;

(6) State or local government assistance programs based on need (tax credits or refunds are not assistance based on need);

(7) U.S. Department of Veterans Affairs programs (those payments based on need); and

(8) The Supplemental Nutrition Assistance Program (SNAP).

(b) How the presumed value rule applies. If you live in a public assistance household, we consider that you are not receiving in-kind support and maintenance from members of the household. In this situation, we use the presumed value rule only if you receive food or shelter from someone outside the household.

[45 FR 65547, Oct. 3, 1980, as amended at 57 FR 53850, Nov. 13, 1992; 70 FR 6345, Feb. 7, 2005; 70 FR 41137, July 18, 2005; 89 FR 28622, Apr. 19, 2024]

Notes of Decisions

Cited in 5 cases, 1988–2016 · leading case: Florence Paxton v. Secretary of Health and Human Services

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Florence Paxton v. Secretary of Health and Human Services (1988) ca9 · cites it 3× “20 C.F.R. § 416.1142 (a). One type of public-income maintenance payment is a payment made under “U.”

Carrie Hendrick & a. v. New Hampshire Department of Health and Human Services (2016) nh “” 20 C.F.R. § 416.1142 (a)(1), (b) (2015). The only other jurisdictions to address this issue have reached similar conclusions.”

White v. Sullivan (1992) vtd · cites it 3× “20 C.F.R. § 416.1142 (b). In sum, defendant’s own regulations do not count in-kind income transferred from one member of a public assistance household to another member of the same household as part of an SSI claimant’s income for SSI determination purposes.”

White v. Shalala (1993) ca2 “20 C.F.R. § 416.1142 (a). The purpose of § 1142(b) is to avoid "double-counting" by not attributing benefits as income both to the recipient and the household member to whom it is transferred.”

Inman v. Sullivan (1992) insd · cites it 3× “20 C.F.R. § 416.1142 (b). Consequently, in the instant case, any SSI claimants or recipients in the plaintiff class who are members of public assistance households are not required to count this in-kind support and maintenance in their SSI determination.”

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