42 CFR § 436.522 - Determination of age.
---
identifier: "/us/cfr/t42/s436.522"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 436.522 - Determination of age."
title_number: 42
title_name: "Public Health"
section_number: "436.522"
section_name: "Determination of age."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "436"
part_name: "ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1102 of the Social Security Act (42 U.S.C. 1302)."
regulatory_source: "43 FR 45218, Sept. 29, 1978, unless otherwise noted."
cfr_part: "436"
---
# 436.522 Determination of age.
(a) In determining age, the agency must use the common law method (under which an age is reached the day before the anniversary of birth) or the popular usage method (under which a specific age is reached on the anniversary of birth), whichever is used under the corresponding State plan for OAA, AFDC, AB, APTD, or AABD.
(b) The agency may use an arbitrary date, such as July 1, for determining an individual's age if the year, but not the month, of his birth is known.
[58 FR 4936, Jan. 19, 1993]