Code of Federal Regulations Title 20. Employees' Benefits § 20.416.223 What happens if you are a qualified individual

(1) You are a qualified individual;  and

(2) You have one or more essential persons in your home.

(1) Your resources which are counted do not exceed the limit for SSI eligibility purposes (see subpart L);  and

(2) Your income which is counted for SSI eligibility purposes (see subpart K) does not exceed the sum of—

(1) While an essential person increment increases your SSI Federal benefit rate, that person's income which we consider to be yours may actually result in a lower monthly payment to you. We will discuss this with you and explain how an essential person affects your benefit. If you choose to do so, you may ask us in writing to determine your eligibility without your essential person or, if you have more than one essential person, without one or more of your essential persons. We will then figure the amount of your SSI benefits without counting as your own income and resources of the essential persons that you specify and we will end the essential person increment for those essential persons. You should consider this carefully because once you make the request, you cannot withdraw it. We will make the change beginning with the month following the month that you make the request.

(2) We will not include the income and resources of the essential person if the person's income or resources would cause you to lose your eligibility. The loss of the essential person increment will be permanent.