20 CFR § 416.1264 - Spouse ineligible under a State plan in December 1973.
---
identifier: "/us/cfr/t20/s416.1264"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 416.1264 - Spouse ineligible under a State plan in December 1973."
title_number: 20
title_name: "Employees' Benefits"
section_number: "416.1264"
section_name: "Spouse ineligible under a State plan in December 1973."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "416"
part_name: "SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "416"
---
# 416.1264 Spouse ineligible under a State plan in December 1973.
In the case of an individual who meets the conditions specified in § 416.1260 but whose spouse does not meet such conditions, whichever of the following is most advantageous for the individual (and spouse, if any) will be applied:
(a) The resource limitation and exclusions for an individual as in effect under the approved State plan for October 1972, or
(b) The resource limitation (as specified in § 416.1205) and exclusions (as specified in § 416.1210) for an individual and eligible spouse or an individual living with an ineligible spouse.