# SSR 76-41: SSR 76-41: SECTION 1614(b) (42 U.S.C. 1382c(b)) -- SUPPLEMENTAL SECURITY INCOME -- DEFINITION OF ELIGIBLE SPOUSE

> Federal · Rulings · Rescinded

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_41

## Section

- **Citation:** SSR 76-41
- **Heading:** SSR 76-41: SECTION 1614(b) (42 U.S.C. 1382c(b)) -- SUPPLEMENTAL SECURITY INCOME -- DEFINITION OF ELIGIBLE SPOUSE
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** Rescinded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / SSI / Eligibility / SSR 76-41

## Text

(Rescinded 3/30/1995)

20 CFR 416.1040 and 416.1321(a)

SSR 76-41

The claimant and her husband were married on January 24, 1971. Prior to
September 30, 1974, both were eligible for supplemental security income
benefits and were receiving said benefits as an eligible couple. A
determination was made that, effective October 1974, the benefits would be
reduced in consideration of income which her husband was receiving as an
employee.

The claimant objected to such reduction stating that she and her husband
separated on September 30, 1974. Her husband left her after they received
the notices that their checks would be reduced. The claimant's husband
allegedly stated he would not support her.

Regulations No. 16, section 416.1040 provides, in general, that where an
eligible individual and an eligible spouse are receiving payments under
title XVI of the Social Security Act, the eligible spouse will not longer
qualify as a spouse, effective with the month following the month in which
the marriage is terminated or deemed terminated. The eligible spouse, if
otherwise qualified, may receive benefits as an eligible individual
beginning with the month following such month of termination. A marriage
may be terminated by death, divorce, or annulment. Where a court of
competent jurisdiction issues a decree of divorce, both parties shall be
deemed not married to each other beginning with the month following the
month in which the decree becomes final. Section 416.1040(c) provides, in
effect, that in the case of separation of parties, where neither party
begins living with another individual, that such eligible individual and
eligible spouse shall not be considered husband and wife effective with
the month in which they have been separated for six months. The six month
period of separation shall be counted form the date of separation
. Section 416.1040(c) provides, in
effect, that in the case of separation of parties, where neither party
begins living with another individual, that such eligible individual and
eligible spouse shall not be considered husband and wife effective with
the month in which they have been separated for six months. The six month
period of separation shall be counted form the date of separation. Where,
however, one of the parties begins living with another individual, the
eligible individual and eligible spouse shall not be considered husband
and wife effective with the month in which the eligible individual or the
eligible spouse commenced living in the same household with such other
person.

The claimant had not been living with her husband or any other individual
since September 30, 1974, and for a period of at least six months, and
stated that to the best of her knowledge, her husband had not been living
with another individual for a similar period of time.

The marriage was terminated by divorce effective March 25, 1975.
Therefore, the parties would have been deemed not to be married to each
other beginning with the month following the month in which the decree
became final, in this case, April 1975.

In addition, on March 30, 1975, the claimant and her spouse were
separated for a period of six months, neither party having begun living
with another individual in the interim. Thus, the claimant and her spouse
should not have been considered to be husband and wife for the purposes of
title XVI of the Social Security Act effective March 30, 1975, and the
claimant, being presumably otherwise qualified, should have received
payments as an eligible individual effective the following month, April
1975.
y having begun living
with another individual in the interim. Thus, the claimant and her spouse
should not have been considered to be husband and wife for the purposes of
title XVI of the Social Security Act effective March 30, 1975, and the
claimant, being presumably otherwise qualified, should have received
payments as an eligible individual effective the following month, April
1975.

It is, however, the contention of the claimant and there is an abundance
of evidence, both in the form of testimony and documentary evidence to the
effect that the claimant did not receive support from her former husband
prior to September 30, 1974, nor after that date. There is, however, no
provision under title XVI of the Social Security Act for consideration of
whether support is being given between members of an eligible couple, that
is, an eligible individual and an eligible spouse, or how benefits which
are received are divided and apportioned between them, or how such
benefits are to be used. The law provides that an eligible individual with
an eligible spouse receives benefits at a different rate than that of an
eligible individual alone. Whether a member of an eligible couple is or is
not receiving support from her spouse is, therefore, not determinative of
the issues to be decided in this case.

The claimant further contended that her former husband's benefits were
terminated effective December 1, 1974, and that following the separation
on September 30, 1974, the husband maintained a separate residence where
he received his SSI checks. She further stated that payments continued
until December 1, 1974, then his benefits were terminated as his October
check was returned to Social Security because he no longer resided at the
address he had previously given and no additional or forwarding address
was provided.
separation
on September 30, 1974, the husband maintained a separate residence where
he received his SSI checks. She further stated that payments continued
until December 1, 1974, then his benefits were terminated as his October
check was returned to Social Security because he no longer resided at the
address he had previously given and no additional or forwarding address
was provided.

The claimant contends her husband did not receive payments after
September 1, 1974, and for all practical purposes was terminated on or
about October 1, 1974. Since the theory of a reduced check to the claimant
is based on payments to her spouse, no reduction was in order after
October 1, 1974, as her spouse at that time was receiving no payments.

Subpart M of Social Security Regulations No. 16 provides for suspensions
and terminations of supplemental security income benefits. Section
416.132(a) of said Subpart M provides as follows:

The husband's benefits were not suspended or terminated within the
meaning of the above cited section of Regulations No. 16, but the payments
were suspended for administrative reasons, as when mail is returned as
undeliverable by the postal service and the Social Security Administration
does not have a valid mailing address for a recipient. In the absence of
evidence to the contrary, it appears the husband continued to be eligible
for benefits and was a member of an "eligible couple" from the time of
separation through the month of March. The claimant, therefore, was also a
member of an eligible couple (or more accurately) an eligible individual
with an eligible spouse.

Therefore, it is held that the claimant's supplemental security income
benefits should have been reduced effective October 1974 because of her
eligible spouse's income, but that claimant being otherwise qualified,
should receive payments as an eligible individual effective April 1975.

## Nearby sections

- [SSR 75-32 SSR 75-32: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_75_32.md)
- [SSR 76-7 SSR 76-7: SECTION 1611(e)(1)(A) and (B) (42 U.S.C. 1382(e)(1)(A) and (B)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY DUE TO INSTITUTIONAL STATUS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_7.md)
- [SSR 76-27 SSR 76-27: SECTION 1614(d)(2) and 1614(f)(1) (42 U.S.C. 1382c(d)(2) and 1382c(f)(1)) -- SUPPLEMENTAL SECURITY INCOME -- MARITAL RELATIONSHIP](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_27.md)
- [SSR 76-28 SSR 76-28: SECTIONS 1611(b)(2), 1612(a), and 1614(b) (42 U.S.C. 1382(b)(2), 1382a(a), and 1382c(b)) -- SUPPLEMENTAL SECURITY INCOME -- AMOUNT OF BENEFITS -- RELATIONSHIP](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_28.md)
- [SSR 76-41 SSR 76-41: SECTION 1614(b) (42 U.S.C. 1382c(b)) -- SUPPLEMENTAL SECURITY INCOME -- DEFINITION OF ELIGIBLE SPOUSE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_41.md)
- [SSR 76-42 SSR 76-42: Rescinded 1985](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_42.md)
- [SSR 77-10 SSR 77-10: SECTION 1611(e)(1)(A) (42 U.S.C. 1382(c)(1)(A)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- STATUS OF INSTITUTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_77_10.md)
- [SSR 77-20 SSR 77-20: SECTION 1611(e)(1) (42 U.S.C. 1382(e)(1)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- INSTITUTIONALIZATION THROUGHOUT A MONTH](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_77_20.md)
- [SSR 78-9 SSR 78-9: Rescinded 1982](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_78_9.md)
- [SSR 79-5c SSR 79-5c: Rescinded 1982](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_5c.md)
- [SSR 79-6 SSR 79-6: SECTION 1611(e)(1)(A) (42 U.S.C. 1382(e)(1)(A)) SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- EFFECT OF BRIEF ABSENCES FROM PUBLIC INSTITUTION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_6.md)
- [SSR 79-8 SSR 79-8: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_8.md)
- [SSR 79-16 SSR 79-16: Rescinded 1986](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_16.md)
- [SSR 79-25 SSR 79-25: Rescinded 1982](https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_79_25.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_76_41. Check the current official text before relying on it. Not legal advice.