20 C.F.R. § 416.1901

Scope of subpart S

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(a) General. This subpart explains that we may withhold your SSI benefit and/or State supplementary payments and send them to the State (or a political subdivision of the State) as repayment for interim assistance it gave you while your application for SSI was pending, or while your SSI benefits were suspended or terminated if you are subsequently found to have been eligible for such benefits. Before we will do this, the State must have entered into an interim assistance agreement with us authorizing such reimbursement, and you must have given written authorization for us to repay the State (or a political subdivision of the State).

(b) Organization of this subpart. We have organized this subpart as follows:

(1) Definitions. Section 416.1902 contains definitions of terms used in this subpart.

(2) Authorizations. Sections 416.1904 through 416.1908 give the rules that apply to your written authorization.

(3) Interim assistance agreements. Section 416.1910 gives the requirements for interim assistance agreements between us and the State.

(4) Appeals. Sections 416.1920 through 416.1922 describe your appeal rights in the State and in SSA.

[46 FR 47449, Sept. 27, 1981, as amended at 56 FR 19262, Apr. 26, 1991]
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1980–2026 · leading case: Mtr. of Rodriguez v. Perales, 657 N.E.2d 247 (NY 1995).
Mtr. of Rodriguez v. Perales, 657 N.E.2d 247 (NY 1995). · cites it 2× “During this "interim" period, applicants may seek assistance from State agencies under the Interim Assistance Program (IAP) ( 42 USC § 1383 [g]; 20 CFR 416.1901). The Interim Assistance Provisions of the Social Security Act is a program enacted by Congress in 1974 specifically…”
Goodwin v. Perales, 120 A.D.2d 527 (N.Y. App. Div. 1986). · cites it 2× “7; 20 CFR 416.1901) as an unconstitutional denial of equal protection under the Federal and State Constitutions (US Const 5th, 14th Amends; NY Const, art I, § II).”
Randolph McCarthy Jr. v. Sec'y of Health & Human Servs. (85-1401), State of Michigan, Dep't of Soc. Servs., Vanburen Cnty. (85-1402), 793 F.2d 741 (6th Cir. 1986). “§ 1383 (g) and 20 C.F.R. § 416.1901 et seq., the individual states are authorized to enter into agreements with the Social Security Administration whereby the state will provide interim assistance to SSI claimants during the pendency of their claims.”
Neal v. Cnty. of Stanislaus, 141 Cal. App. 3d 534 (Cal. Ct. App. 1983). “20 CFR 416.1901 et seq. “We find that the effect of § 1383(g)(1) and (2) is to make a state which supplies interim assistance a preferred creditor as to the first SSI payment.”
Pomann, Callanan & Sofen, PC v. Wayne Cnty. Dep't of Soc. Servs., 419 N.W.2d 787 (Mich. Ct. App. 1988). · cites it 2× “20 CFR 416.1901 et seq. "We find that the effect of § 1383(g)(1) and (2) is to make a state which supplies interim assistance a preferred creditor as to the first ssi payment.”
Inman v. Dep't of Soc. Servs., 296 N.W.2d 232 (Mich. Ct. App. 1980). “20 CFR 416.1901 et seq. We find that the effect of § 1383(g)(1) and (2) is to make a state which supplies interim assistance a preferred creditor as to the first SSI payment.”
Pc & S, Pc v. Wayne Co Dss, 419 N.W.2d 787 (Mich. Ct. App. 1988). · cites it 2× “20 CFR 416.1901 et seq. "We find that the effect of § 1383(g)(1) and (2) is to make a state which supplies interim assistance a preferred creditor as to the first SSI payment.”
In re Appeal of Debra Waite (Vt. 2017). · cites it 2× “20 C.F.R. § 416.1901 . On March 7, 2014, petitioner applied for SSI benefits.”
Vazquez v. Commonwealth of Pennsylvania, 788 F.2d 130 (3rd Cir. 1986). “2 Regulations con *134 tained at 20 C.F.R. §§ 416.1901 -.1922 further define the interim assistance reimbursement (IAR) scheme.”
Matter of Andersen v. Hein (NY 2026). · cites it 2× “Decided May 26, 2026 Footnotes Footnote 1 The Social Security Administration may only do so if it has first entered into an interim assistance agreement with the state or locality authorizing such reimbursement, and if the claimant themself has given written authorization (42…”
Spain v. Comm'r of Soc. Sec. (E.D.N.Y 2025). “) “Pursuant to 20 C.F.R. § 416.1901 (a), the SSA ‘may withhold your SSI benefit and/or State supplementary payments and send them to the State (or a political subdivision of the State) as repayment for interim assistance it gave you while your application for SSI was pending.”
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