20 CFR § 416.1262 - Special resource provision applicable in cases involving essential persons.

---
identifier: "/us/cfr/t20/s416.1262"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 416.1262 - Special resource provision applicable in cases involving essential persons."
title_number: 20
title_name: "Employees' Benefits"
section_number: "416.1262"
section_name: "Special resource provision applicable in cases involving essential persons."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "416"
part_name: "SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "416"
---


# 416.1262 Special resource provision applicable in cases involving essential persons.

(a) *Essential persons continuously meet criteria of eligibility.* In determining the resources of an individual (and spouse, if any) who meet the conditions specified in § 416.1260 and whose payment standard is increased because such individual has in his home an essential person (as defined in § 416.222), either the State plan resource limit and exclusions (as specified in § 416.1260) applicable to cases in which the needs of an essential person are taken into account in determining the individual's needs, or the resource limit as specified in § 416.1205 and exclusions as specified in § 416.1210, whichever is most advantageous to the individual (and spouse), will be used.

(b) *Essential person fails to meet criteria of eligibility.* If for any month after December 1973 a person fails to meet the criteria for an essential person as specified in § 416.222, in determining the resources of an individual (and spouse, if any) either the State plan resource limit and criteria as specified in § 416.1260 applicable to the individual or individual and spouse, as the case may be, or the resource limit as specified in § 416.1205 and exclusions as specified in § 416.1210, whichever is most advantageous to the individual (and spouse), will be used.

[39 FR 33797, Sept. 20, 1974, as amended at 51 FR 10616, Mar. 28, 1986]