20 C.F.R. § 416.1145
How the presumed value rule applies in a nonmedical for-profit institution
If you live in a nonmedical for-profit institution, we consider the amount accepted by that institution as payment in full to be the current market value of whatever food or shelter the institution provides. If you are paying or are legally indebted for that amount, you are not receiving in-kind support and maintenance. We do not use the presumed value rule unless someone else pays for you.
Notes of Decisions
Cited in 2
cases, 1980–1982 · leading case: Hattie Beatty O/b/o Dorease M. Beatty v. Richard Schweiker, Sec'y of Health & Human Servs., 678 F.2d 359 (3rd Cir. 1982).
Hattie Beatty O/b/o Dorease M. Beatty v. Richard Schweiker, Sec'y of Health & Human Servs., 678 F.2d 359 (3rd Cir. 1982). “-1210(j) is identical to the exclusion from income language of 20 C.F.R. § 416.1145 (a) (1980). 1 Beatty notes that an SSI lump sum retroactive payment is not counted as income, see SSI Claims Manual § 12510(b), and argues that it would be inconsistent to count it as resources.”
Herweg v. Ray, 619 F.2d 1265 (8th Cir. 1980). “70 Reduced by $20 income exclusion ( 20 C.F.R. § 416.1145 (b)(9), .1Í65) -20.00 Reduced by earned income exclusion ($65 plus half remaining amount; 20 C.”
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