# SSR 77-30: SSR 77-30: Rescinded 1980

> Federal · Rulings · Rescinded

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_77_30

## Section

- **Citation:** SSR 77-30
- **Heading:** SSR 77-30: Rescinded 1980
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** Rescinded
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / SSI / Income / SSR 77-30

## Text

20 CFR 416.1125

SSR 77-30

The Claimant, a recipient of Supplemental Security Income based on his
disability condition, had his payment reduced by one-third as it was
determined by the Social Security Administration that he was "living in
the household of another." The claimant contended he was not receiving
support and maintenance from his father, with whom he was
living,since he made regular payments of $25.00 each month for room and
board. Held , even though the claimant does pay some amount of his
room and board, his payment is insufficient to cover the current market
value of what he receives, therefore, inasmuch as he is living in the
household of another from whom he receives in-kind support and
maintenance, the one-third reduction in the payment standard does apply in
accordance with Regulations No. 16, section 416.1125(b).

A question is raised as to whether the claimant has countable income which
diminishes the amount of his Supplemental Security Income benefits. While
he has no earned or unearned cash income, the question is raised as to
whether he has unearned income through support and maintenance in-kind
received from his father.

The claimant lives in his father's house trailer, with his father and his
father's housekeeper. His Supplemental Security Income checks are made out
payable to him, and he cashes the checks at the bank. He pays his father
$25.00 a month for room and board, and previously paid $50.00 a month. He
uses the remainder of the money to buy clothes, and to buy lunch at the
school which he attends. He handles his own money.

Section 416.1125, Social Security Regulations, provides, in pertinent
part, as follows:
rity Income checks are made out
payable to him, and he cashes the checks at the bank. He pays his father
$25.00 a month for room and board, and previously paid $50.00 a month. He
uses the remainder of the money to buy clothes, and to buy lunch at the
school which he attends. He handles his own money.

Section 416.1125, Social Security Regulations, provides, in pertinent
part, as follows:

(a) General . Unearned income includes support and maintenance
furnished in cash or in-kind. Support and maintenance in-kind may
generally be defined as room and board, and would also include other
incidentals, such as clothing necessary to an individual's normal
sustenance. Unless otherwise specified herein, the value of in-kind
support and maintenance refers to its current market value.

(b) One-third reduction for individual living in another person's
household .

(1) In the case of an eligible individual (or eligible individual and
eligible spouse) who lives in another person's household and receives
support and maintenance in-kind from such person, the payment standard for
such eligible individual (or eligible individual and eligible spouse) will
be reduced by one-third in lieu of including the value of such support and
maintenance as unearned income to the eligible individual (or eligible
individual and eligible spouse). The one-third reduction in the payment
standard will apply only for months wholly spent in the household of
another person. Thus, the reduction is made beginning with the first full
calendar month in which an eligible individual (or eligible individual and
eligible spouse lives in another person's household and ends with the last
such full calendar month. The one-third reduction will apply regardless of
whether the individual (or eligible individual and eligible spouse) is
making any payment for support and maintenance (room and board) to the
person in whose household he is living.
n which an eligible individual (or eligible individual and
eligible spouse lives in another person's household and ends with the last
such full calendar month. The one-third reduction will apply regardless of
whether the individual (or eligible individual and eligible spouse) is
making any payment for support and maintenance (room and board) to the
person in whose household he is living.

(2) When the one-third reduction applies, any additional support or
maintenance or both support maintenance, received in-kind from a source
other than the person in whose household the eligible individual (or
eligible individual and eligible spouse) lives is not counted as
income.

(3) For purposes of this section, "another person's" household refers to
the household of a private individual. It does not include a commercial
establishment (e.g., rooming or boarding house) or an institution.

* * * * * *

The evidence clearly shows that the claimant lives in the household of his
father, and thus is living in the household of another within the purview
of Section 1612(a)(2)(A) of the Social Security Act, and the above cited
Regulations. Further, the evidence shows that he receives room and board,
and thus is receiving support and maintenance from his father within the
meaning of these sections. While the claimant does use his own money to
buy clothes and other items, the fact that his basic room and board is
furnished by his father mandates a finding that he is receiving support
and maintenance from his father. Under section 416.1125, the Supplemental
Security Income payment standard will be reduced by one-third per month
for a person living in the household of another and receiving support and
maintenance from such person, and further provides that the one-third
reduction applies regardless of whether the individual is making any
payment for support and maintenance
maintenance from his father. Under section 416.1125, the Supplemental
Security Income payment standard will be reduced by one-third per month
for a person living in the household of another and receiving support and
maintenance from such person, and further provides that the one-third
reduction applies regardless of whether the individual is making any
payment for support and maintenance. Accordingly, even though the claimant
does pay some amount for his room and board, it can only be concluded that
this amount is insufficient to cover the current market value of what he
receives and that his benefit standard must be reduced by one-third
because he lives in the household of his father.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_SSI_SSR_77_30. Check the current official text before relying on it. Not legal advice.
