20 C.F.R. § 416.1250

How we count grants, scholarships, fellowships or gifts

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(a) When we determine your resources (or your spouse's, if any), we will exclude for 9 months any portion of any grant, scholarship, fellowship, or gift that you use or set aside to pay the cost of tuition, fees, or other necessary educational expenses at any educational institution, including vocational or technical institutions. The 9 months begin the month after the month you receive the educational assistance.

(b)(1) We will count as a resource any portion of a grant, scholarship, fellowship, or gift you (or your spouse, if any) did not use or set aside to pay tuition, fees, or other necessary educational expenses. We will count such portion of a grant, scholarship, fellowship or gift as a resource in the month following the month of receipt.

(2) If you use any of the funds that were set aside for tuition, fees, or other necessary educational expenses for another purpose within the 9-month exclusion period, we will count such portion of the funds used for another purpose as income in the month you use them.

(3) If any portion of the funds are no longer set aside for paying tuition, fees, or other necessary educational expenses within the 9-month exclusion period, we will count the portion of the funds no longer set aside as income in the month when they are no longer set aside for paying tuition, fees, or other necessary educational expenses. We will consider any remaining funds that are no longer set aside or used to pay tuition, fees, or other educational expenses as a resource in the month following the month we count them as income.

(4) We will count any portion of grants, scholarships, fellowships, or gifts remaining unspent after the 9-month exclusion period as a resource beginning with the 10th month after you received the educational assistance.

[71 FR 45378, Aug. 9, 2006]
Notes of Decisions
Cited in 1 case, 2014–2014 · leading case: Merlene JORDAN, Appellant, v. Michael ASTRUE, 577 F. App'x 107 (3rd Cir. 2014).
Merlene JORDAN, Appellant, v. Michael ASTRUE, 577 F. App'x 107 (3rd Cir. 2014). “” 20 C.F.R. § 416.1250 (a). Here, although Jordan provided evidence showing that the money was initially designated for her daughter’s educational expenses, she received the money in 1981 and 1984 and had not used it by 2010 when the Agency stopped her supplemental SSI payments.”
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