40 CFR § 7.165 - Special benefits for children and the elderly.

---
identifier: "/us/cfr/t40/s7.165"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 7.165 - Special benefits for children and the elderly."
title_number: 40
title_name: "Protection of Environment"
section_number: "7.165"
section_name: "Special benefits for children and the elderly."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "7"
part_name: "NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2000d to 2000d-7 and 6101  29 U.S.C. 794; 33 U.S.C. 1251nt."
regulatory_source: "49 FR 1659, Jan. 12, 1984, unless otherwise noted."
cfr_part: "7"
---


# 7.165 Special benefits for children and the elderly.

If a recipient operating a program which serves the elderly or children in addition to persons of other ages, provides special benefits to the elderly or to children the provision of those benefits shall be presumed to be voluntary affirmative action provided that it does not have the effect of excluding otherwise eligible persons from participation in the program.