16372 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations

survivor is entitled, or potentially

entitled, to a tier II annuity component,

the parent tier II annuity component is

zero.

(3) Child. The amount of each child’s

tier II annuity component is 15 percent

of the employee’s tier II annuity

component which would have been

payable in the month in which the child

became entitled had the employee been

alive and in receipt of an annuity under

the Railroad Retirement Act at that time.

(c) Minimum tier II survivor annuity

components. If the total tier II annuity

components payable to survivors is less

than 35 percent of the employee’s tier II

annuity component which would have

been payable in the month the survivors

became entitled had the employee been

alive and in receipt of an annuity under

the Railroad Retirement Act at that time,

the individual tier II annuity

components computed in paragraph (b)

of this section shall be increased

proportionally so that the total of all

such tier II annuity components equals

35 percent of the employee’s tier II

annuity component.

(d) Maximum tier II annuity

components. If the total tier II survivor

annuity components payable to

survivors exceeds 80 percent of the

employee’s tier II annuity component

which would have been payable in the

month the survivors became entitled

had the employee been alive and

entitled to an annuity under the

Railroad Retirement Act at that time, the

individual tier II annuity components

computed in paragraph (b) of this

section shall be reduced proportionally

so that the total of all such tier II

annuity components totals no more than

80 percent of the employee’s tier II

annuity component.

(e) Age reduction. The tier II annuity

component of a widow(er) or disabled

widow(er) is subject to reduction by the

same age reduction factor as is

applicable to the tier I annuity

component. See § 228.15 of this part.

§ 228.51 Takeback amount.

(a) The 1983 amendments to the

Railroad Retirement Act provided that a

portion of the cost-of-living increases

payable on the tier I annuity component

be offset from the amount of the tier II

annuity. This amount is the takeback

amount. The amount of the takeback

and its application depends on the

employee and survivor’s annuity

beginning dates.

(b)(1) The tier II takeback amount for

survivors whose annuity beginning date

is January 1, 1984 or later is usually the

amount of the employee’s takeback

amount. That amount is equal to 5

percent of the employee’s primary

insurance amount, less all applicable

reductions (net tier I), on November 1,

1983. However, if the employee’s

annuity was reduced for a social

security benefit but the survivor’s

annuity is not, the takeback amount is

the amount the employee’s annuity

would have been reduced for the

takeback if the employee’s annuity had

not been reduced for a social security

benefit. If the employee’s annuity had

not been tiered or was being paid under

the overall minimum, the Board will

compute the amount of the tier II

takeback that would have been

applicable to the employee’s annuity.

(2) The tier II takeback amount for

survivors whose annuity beginning date

is before January 1, 1984 is equal to 5

percent of the survivor’s net tier I

annuity component, before deduction

on account of work, on November 1,

1983.

(3) The tier II takeback will be applied

in accord with the above paragraphs in

any case where the employee died or

retired before January 1, 1984. If the

employee died or retires after December

31, 1983, or the employee never retired

and dies after December 31, 1993, no

takeback will be applied to the

survivor’s annuity.

(c) No takeback is applied if the

survivor tier II annuity amount before

the takeback is applied is $10.00 or less

and cost-of-living increases have not

increased the tier II annuity amount to

more than $10.00 (the takeback may

never reduce the tier II to an amount

less than $10.00).

§ 228.52 Restored amount.

(a) General. A restored amount is

added to the tier II annuity component

of a widow(er)’s annuity whose annuity

is reduced for receipt of an employee

annuity under the Railroad Retirement

Act provided either the employee or the

widow(er) had ten years of creditable

railroad service prior to January 1, 1975.

(b) Amount. The amount of the tier II

restored amount for a widow(er) is the

difference between the amount payable

as a widow(er) under the Railroad

Retirement Act of 1937 as increased by

all annual social security cost-of-living

percentage increases from January 1,

1975, until the later of the annuity

beginning date of either the employee’s

annuity or the widow(er)’s annuity and

the amount payable to the widow(er)

under the Railroad Retirement Act of

1974 under the rules set forth in this

part.

(c) Widower. In order to qualify for an

annuity under the 1937 Act and thus for

a restored amount, a widower must have

been dependent on his spouse for at

least 50 percent of his support in the

year prior to her death or at the time the

spouse’s annuity began.

§ 228.53 Spouse minimum guarantee.

The Railroad Retirement Act provides

that a spouse should receive no less as

a widow(er) than he or she received as

a spouse. However, if the widow(er)

becomes entitled to a social security

benefit, thus reducing his or her

annuity, the spouse minimum guarantee

is payable only to the extent that it

guarantees the amount that the

widow(er) would have received as a

spouse had he or she been entitled to a

social security benefit in the month

preceding the employee’s death in an

amount equal to the amount of the

social security benefit payable at the

time the widow(er) first became entitled

to the social security benefit.

§ 228.60 Cost-of-living increase.

The tier II annuity component of a

survivor annuity under the Railroad

Retirement Act is increased by 32.5

percent of the percentage increase under

section 215(i) of the Social Security Act

at the same time that any such increase

is payable. The amount of the increase

is published in the Federal Register

annually. The cost-of-living is payable

beginning with the benefit payable for

the month of December of the year for

which the increase is due. The increase

is paid in the January payment. In

addition, in determining the amount of

the tier II component at the time the

survivor annuity begins, all cost-ofliving increases that were applied or

would have been applied after the

employee’s annuity beginning date or

death and prior to the surviving annuity

beginning date are taken into

consideration.

PART 237—[REMOVED AND

RESERVED]

2. Part 237 consisting of §§ 237.101–

237.108 is hereby removed and

reserved.

Dated: March 24, 1995.

By authority of the Board.

For the Board,

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95–7778 Filed 3–29–95; 8:45 am]

BILLING CODE 7905–01–P
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations 16373

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Social Security Administration

20 CFR Part 416

RIN 0960–AC98

Supplemental Security Income for the

Aged, Blind, and Disabled Elimination

of Waiting Period for Termination of

Couple Status

AGENCY: Social Security Administration,

HHS.

ACTION: Final rule.

SUMMARY: This final rule implements

section 8012(a) of Pub. L. 101–239

which, effective October 1, 1990,

changed the definition of the term

‘‘eligible spouse’’ as it is used in the

supplemental security income (SSI)

program. Under the former definition of

‘‘eligible spouse,’’ members of an SSI

eligible couple who began living apart

could not be treated as individuals for

SSI eligibility and payment purposes

during the first 6 months following the

month in which they began living apart.

The statutory change eliminated the 6-

month waiting period. The final rule

revises the definition of ‘‘eligible

spouse’’ contained in the regulations as

well as makes a number of other

conforming changes. Finally, the rule

eliminates provisions in the regulations

pertaining to eligible couples living

apart.

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Regarding this document—Harry Short,

Legal Assistant, 3–B–1 Operations

Building, 6401 Security Boulevard,

Baltimore, MD 21235, (410) 965–6243;

regarding eligibility or filing for

benefits—our national toll-free number,

1–800–772–1213.

SUPPLEMENTARY INFORMATION: Section

1614(b) of the Social Security Act (the

Act), as in effect until October 1, 1990,

defined an eligible spouse as ‘‘an aged,

blind, or disabled individual who is the

husband or wife of another aged, blind,

or disabled individual and who has not

been living apart from such other aged,

blind, or disabled individual for more

than six months.’’ One effect of this

definition was to create a 6-month

waiting period before the members of an

eligible couple, who begin living apart,

could be treated as individuals for SSI

purposes.

Section 8012 of Public Law 101–239

(the Omnibus Budget Reconciliation Act

of 1989) eliminated the 6-month waiting

period by revising the definition of an

eligible spouse. Effective October 1,

1990, ‘‘eligible spouse’’ means an aged,

blind, or disabled individual who is the

husband or wife of another aged, blind,

or disabled individual and who is living

with that eligible individual on the first

day of the month, or, in any case in

which either spouse files an application

for benefits or requests restoration of

eligibility under the SSI program during

the month, at the time the application

or request is filed.

This final rule revises the definition

of ‘‘eligible spouse’’ in §§ 416.120(c)(14)

and 416.1801(c) to reflect section 8012

of Public Law 101–239.

The legislative history does not

indicate that Congress intended to treat

couples who are temporarily separate as

individuals. Therefore, the rule also

provides in § 416.1801(c) that an

individual is considered to be living

with an eligible spouse during

temporary absences as defined in

§ 416.1149 and while receiving

continued benefits under section

1611(e)(1)(E) or (G) of the Act.

In addition to revising the definition

of ‘‘eligible spouse’’ in §§ 416.120(c)(14)

and 416.1801(c), a number of other

sections in the regulations are revised to

eliminate provisions which refer to the

prior rule for terminating eligible couple

status based on a 6-month period of

living apart. These sections are as

follows:

• Section 416.305(b)(1) is revised to

remove language regarding the eligible

spouse living apart from the eligible

individual for a period of 6 months.

• Section 416.412 is amended by

using more precise language in the first

sentence when referring to a member of

an eligible couple temporarily residing

in a medical care facility. We also make

a technical change for convenience in

future updating by showing the

payment amounts for such eligible

couple in a table rather than as text and

updating the table with the amounts

published in the Federal Register at:

52 FR 41672 (10/29/87)

53 FR 43932 (10/31/88)

54 FR 45801 (10/31/89)

54 FR 53751 (12/29/89)

55 FR 45856 (10/31/90)

56 FR 55325 (10/25/91)

57 FR 48619 (10/27/92)

58 FR 58004 (10/28/93)

59 FR 54464 (10/31/94)

• Section 416.414 is revised to

specify that the computations in

paragraphs (b)(2) and (b)(3) are

applicable only when one or both

members of an eligible couple are

temporarily absent from home per

§ 416.1149(c)(1). As their absence is

temporary, they are not separated.

• Section 416.430, which deals with

essential person increments, is revised

by removing language regarding when

the members of an eligible couple live

apart and adding language to explain

how to pay a couple when one member

is temporarily absent and subject to the

$30 payment limit while an inpatient at

a medical facility where Medicaid is

paying more than half the cost of care.

The reference to § 416.531 is also

changed to § 416.413.

• In § 416.432, a portion of the

introductory language and paragraphs

(a) and (b) are removed. The removed

material concerns members of an

eligible couple who have separated.

• Section 416.532(e), which provides

for essential person increments when

members of an eligible couple live apart,

is removed.

• In § 416.554, the last sentence of the

text and example three regarding

separated members of an eligible couple

are revised.

• In § 416.1130(c), the last sentence,

which refers to members of an eligible

couple who have different living

arrangements, is removed.

• In § 416.1147, paragraphs (a) and

(d) are removed and the remaining

paragraphs are revised and redesignated

(a), (b), (c), and (d) respectively. The

deleted material deals with valuation of

in-kind support and maintenance for a

member of an eligible couple who is

separated from his or her spouse.

• Section 416.1802(b) is revised to

remove language referring to

computation of benefits for separated

members of an eligible couple.

• Section 416.1806 is revised to

contain rules on who will be considered

the individual’s spouse, if more than

one person would qualify.

• Section 416.1811 is removed as a

result of the revision to § 416.1806. The

cross-reference to § 416.1811 in

§ 416.1101 (definition of ‘‘spouse’’) is

also removed.

• Section 416.1830(a)(1) is revised to

provide that, if the members of an

eligible couple begin living apart, they

will be treated as individuals beginning

with the month following the calendar

month they stopped living together.

• In § 416.1832 (c) and (d), the crossreferences to § 416.1806 (b) and (c)

respectively are revised to refer to

§ 416.1806 (a)(2) and (a)(3) respectively.

This change is necessitated by the

revision we are making to § 416.1806.

• Section 416.1832(d) is revised to

provide that, if a marital relationship

has been found to exist solely because

a man and woman are living together

and leading others to believe that they

are husband and wife, such marital

relationship will be considered to end

as of the date the man and woman stop

living together.
16374 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations

Public Comments

This rule was published as a Notice

of Proposed Rulemaking on March 8,

1994 (59 FR 10766). A 60-day comment

period was provided. We did not

receive any public comments. We are,

therefore, adopting the rule essentially

as proposed with the exception of some

nonsubstantive technical revisions and

the addition of the technical and update

change being made to § 416.412

discussed above.

Obsolete Social Security Rulings

Enactment of Section 8012(a) of

Public Law 101–239 has made the

following Social Security Rulings (SSRs)

obsolete: 76–28, 76–41, and 88–11c.

Therefore, we are rescinding these SSRs

simultaneously with the publication of

this final rule.

Regulatory Procedures

Executive Order No. 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that this rule does not meet

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, it was not subject to OMB review.

Regulatory Flexibility Act

We certify that this final regulation

will not have a significant economic

impact on a substantial number of small

entities because it will affect only

individuals and states. Therefore, a

regulatory flexibility analysis as

provided in Public Law 96–354, the

Regulatory Flexibility Act, is not

required.

Paperwork Reduction Act of 1980

This final regulation imposes no

additional reporting and recordkeeping

requirements necessitating clearance by

OMB.

(Catalog of Federal Domestic Assistance

Program No. 93.807, Supplemental Security

Income.)

List of Subjects in 20 CFR Part 416

Administrative Practice and

Procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Reporting and recordkeeping

requirements, Supplemental Security

Income

Dated: February 1, 1995.

Shirley Chater,

Commissioner of Social Security.

Approved: March 24, 1995

Donna E. Shalala,

Secretary of Health and Human Services.

For the reasons set out in the

preamble, part 416 of chapter II of title

20 of the Code of Federal Regulations is

amended as follows:

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND AND DISABLED.

1. The authority citation for subpart A

continues to read as follows:

Authority: Secs. 1102 and 1601–1634 of

the Social Security Act; 42 U.S.C. 1302 and

1381–1383c; sec. 212 of Pub. L. 93–66, 87

Stat. 155 and sec. 502(a) of Pub. L. 94–241,

90 Stat. 268.

2. In § 416.120, paragraph (c)(14) is

revised to read as follows:

§ 416.120 General definitions and use of

terms.

* * * * *

(c) Miscellaneous. * * *

(14) Eligible spouse means an aged,

blind, or disabled individual who is the

husband or wife of another aged, blind,

or disabled individual and who is living

with that individual (see § 416.1801(c)).

* * * * *

3. The authority citation for subpart C

continues to read as follows:

Authority: Secs. 1102, 1611 and 1631(a),

(d), and (e) of the Social Security Act; 42

U.S.C. 1302, 1382, 1383(a), (d), and (e).

4. In § 416.305, paragraph (b)(1) is

revised to read as follows:

§ 416.305 You must file an application to

receive supplemental security income

benefits.

* * * * *

(b) Exceptions. You need not file a

new application if—

(1) You have been receiving benefits

as an eligible spouse and are no longer

living with your husband or wife;

* * * * *

5. The authority citation for subpart D

continues to read as follows:

Authority: Sec. 1102, 1611 (a), (b), (c), and

(e), 1612, 1617, and 1631 of the Social

Security Act; 42 U.S.C. 1302, 1382 (a), (b),

(c), and (e), 1382a, 1382f, and 1383.

6. Section 416.412 is revised to read

as follows:

§ 416.412 Amount of benefits; eligible

couple.

The benefit under this part for an

eligible couple, neither of whom is

temporarily residing in a medical care

facility as described in § 416.1149(c)(1)

nor is a qualified individual (as defined

in § 416.211), shall be payable at the

following rate:

Effective date Percentage increase Rate per year Rate per month

07/82 7.4 $5,116.80 $426.40

07/83 3.5 5,476.80 456.40

01/84 3.5 5,664.00 472.00

01/85 3.5 5,856.00 488.00

01/86 3.1 6,048.00 504.00

01/87 1.3 6,120.00 510.00

01/88 4.2 6,384.00 532.00

01/89 4.0 6,636.00 553.00

01/90 4.7 6,948.00 579.00

01/91 5.4 7,320.00 610.00

01/92 3.7 7,596.00 633.00

01/93 3.0 7,824.00 652.00

01/94 2.6 8,028.00 669.00

01/95 2.8 8,244.00 687.00

The monthly rate is reduced by the

amount of the couple’s income which is

not excluded pursuant to subpart K of

this part.

7. In § 416.414, the paragraph

headings for paragraphs (b)(2) and (b)(3)

are revised to read as follows:

§ 416.414 Amount of benefits; eligible

individual or eligible couple in a medical

care facility.

* * * * *

(b) * * *
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations 16375

(2) Eligible couple both of whom are

temporarily absent from home in

medical care facilities as described in

§ 416.1149(c)(1). * * *

(3) Eligible couple with one spouse

who is temporarily absent from home as

described in § 416.1149(c)(1). * * *

* * * * *

8. Section 416.430 is revised to read

as follows:

§ 416.430 Eligible individual with eligible

spouse; essential person(s) present.

(a) When an eligible individual with

an eligible spouse has an essential

person (§ 416.222) living in his or her

home, or when both such persons each

has an essential person, the increase in

the rate of payment is determined in

accordance with §§ 416.413 and

416.532. The income of the essential

person(s) is included in the income of

the couple and the payment due will be

equally divided between each member

of the eligible couple.

(b) When one member of an eligible

couple is temporarily absent in

accordance with § 416.1149(c)(1) and

§ 416.222(c) and either one or both

individuals has an essential person, add

the essential person increment to the

benefit rate for the member of the

couple who is actually residing with the

essential person and include the income

of the essential person in that member’s

income. See § 416.414(b)(3).

9. Section 416.432 is revised to read

as follows:

§ 416.432 Change in status involving a

couple; eligibility continues.

When there is a change in status

which involves the formation or

dissolution of an eligible couple (for

example, marriage, divorce), a

redetermination of the benefit amount

shall be made for the months

subsequent to the month of such

formation or dissolution of the couple in

accordance with the following rules:

(a) When there is a dissolution of an

eligible couple and each member of the

couple becomes an eligible individual,

the benefit amount for each person shall

be determined individually for each

month beginning with the first month

after the month in which the dissolution

occurs. This shall be done by

determining the applicable benefit rate

for an eligible individual with no

eligible spouse according to §§ 416.410

or 416.413 and 416.414 and applying

§ 416.420(a). See § 416.1147a for the

applicable income rules when in-kind

support and maintenance is involved.

(b) When two eligible individuals

become an eligible couple, the benefit

amount will be determined for the

couple beginning with the first month

following the month of the change. This

shall be done by determining which

benefit rate to use for an eligible couple

according to §§ 416.412 or 416.413 and

416.414 and applying the requirements

in § 416.420(a).

10. The authority citation for subpart

E continues to read as follows:

Authority: Secs. 1102, 1601, 1602, 1611(c),

and 1631 (a)–(d) and (g) of the Social

Security Act; 42 U.S.C. 1302, 1381, 1381a,

1382(c), and 1383 (a)–(d) and (g).

§ 416.532 [Amended]

11. In § 416.532, paragraph (e) is

removed.

12. Section 416.554 is revised to read

as follows:

§ 416.554 Waiver of adjustment or

recovery—against equity and good

conscience.

We will waive adjustment or recovery

of an overpayment when an individual

on whose behalf waiver is being

considered is without fault (as defined

in § 416.552) and adjustment or

recovery would be against equity and

good conscience. Adjustment or

recovery is considered to be against

equity and good conscience if an

individual changed his or her position

for the worse or relinquished a valuable

right because of reliance upon a notice

that payment would be made or because

of the incorrect payment itself. In

addition, adjustment or recovery is

considered to be against equity and

good conscience for an individual who

is a member of an eligible couple that

is legally separated and/or living apart

for that part of an overpayment not

received, but subject to recovery under

§ 416.570.

Example 1: Upon being notified that he

was eligible for supplemental security

income payments, an individual signed a

lease on an apartment renting for $15 a

month more than the room he had previously

occupied. It was subsequently found that

eligibility for the payment should not have

been established. In such a case, recovery

would be considered ‘‘against equity and

good conscience.’’

Example 2: An individual fails to take

advantage of a private or organization

charity, relying instead on the award of

supplemental security income payments to

support himself. It was subsequently found

that the money was improperly paid.

Recovery would be considered ‘‘against

equity and good conscience.’’

Example 3: Mr. and Mrs. Smith—members

of an eligible couple—separate in July. Later

in July, Mr. Smith receives earned income

resulting in an overpayment to both. Mrs.

Smith is found to be without fault in causing

the overpayment. Recovery from Mrs. Smith

of Mr. Smith’s part of the couple’s

overpayment is waived as being against

equity and good conscience. Whether

recovery of Mr. Smith’s portion of the

couple’s overpayment can be waived will be

evaluated separately.

13. The authority citation for subpart

K continues to read as follows:

Authority: Secs. 1102, 1602, 1611, 1612,

1613, 1614(f), 1621, and 1631 of the Social

Security Act; 42 U.S.C. 1302, 1381a, 1382,

1382a, 1382b, 1382c(f), 1382j, and 1383; sec.

211 of Pub. L. 93–66, 87 Stat. 154.

§ 416.1101 [Amended]

14. In § 416.1101, the parenthetical

reference in the definition of ‘‘Spouse’’

which reads ‘‘(See §§ 416.1806 through

416.1811)’’ is revised to read ‘‘(See

§ 416.1806).’’

15. In § 416.1130, paragraph (c) is

revised to read as follows:

§ 416.1130 Introduction.

* * * * *

(c) How we value in-kind support and

maintenance. Essentially, we have two

rules for valuing the in-kind support

and maintenance which we must count.

The one-third reduction rule applies if

you are living in the household of a

person who provides you with both

food and shelter (§§ 416.1131 through

416.1133). The presumed value rule

applies in all other situations where you

are receiving countable in-kind support

and maintenance (§§ 416.1140 through

416.1145). If certain conditions exist, we

do not count in-kind support and

maintenance. These are discussed in

§§ 416.1141 through 416.1145.

16. Section 416.1147 is revised to read

as follows:

§ 416.1147 How we value in-kind support

and maintenance for a couple.

(a) Both members of a couple live in

another person’s household and receive

food and shelter from that person.

When both of you live in another

person’s household throughout a month

and receive food and shelter from that

person, we apply the one-third

reduction to the Federal benefit rate for

a couple (§ 416.1131).

(b) One member of a couple lives in

another person’s household and

receives food and shelter from that

person and the other is in a medical

institution. If one of you is living in the

household of another person who

provides you with both food and shelter

and the other is temporarily absent from

the household as provided in

§ 416.1149(c)(1) (in a medical institution

that receives Medicaid payments for his

or her care (§ 416.211(b)), we compute

your benefits as if you were separately

eligible individuals (see § 416.414(b)(3)).

This begins with the first full calendar

month one of you is in the medical

institution. The one living in another

person’s household is eligible at an
16376 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Rules and Regulations

eligible individual’s Federal benefit rate

and one-third of that rate is counted as

income not subject to any income

exclusions. The one in the medical

institution cannot receive more than the

rate described in § 416.414(b)(3)(i).

(c) Both members of a couple are

subject to the presumed value rule. If

the presumed value rule applies to both

of you, we value any food, clothing, or

shelter you and your spouse receive at

one-third of the Federal benefit rate for

a couple plus the amount of the general

income exclusion (§ 416.1124(c)(12)),

unless you can show that their value is

less as described in § 416.1140(a)(2).

(d) One member of a couple is subject

to the presumed value rule and the

other is in a medical institution. If one

of you is subject to the presumed value

rule and the other is temporarily absent

from the household as provided in

§ 416.1149(c)(1) (in a medical institution

that receives Medicaid payments for his

or her care (§ 416.211(b)), we compute

your benefits as if you were separately

eligible individuals (see § 416.414(b)(3)).

This begins with the first full calendar

month that one of you is in the medical

institution (§ 416.211(b)). We value any

food, clothing, or shelter received by the

one outside of the medical institution at

one-third of an eligible individual’s

Federal benefit rate, plus the amount of

the general income exclusion

(§ 416.1124(c)(12)), unless you can show

that their value is less as described in

§ 416.1140(a)(2). The one in the medical

institution cannot receive more than the

rate described in § 416.414(b)(3)(i).

17. The authority citation for subpart

R continues to read as follows:

Authority: Secs. 1102, 1614 (b) (c), and (d),

and 1631 (d)(1) and (e) of the Social Security

Act; 42 U.S.C. 1302, 1382c (b), (c), and (d),

and 1383 (d)(1) and (e).

18. In § 416.1801(c), the definition of

‘‘eligible spouse’’ is revised to read as

follows:

§ 416.1801 Introduction.

* * * * *

(c) * * *

Eligible spouse means a person—

(1) Who is eligible for SSI,

(2) Whom we consider the spouse of

another person who is eligible for SSI,

and

(3) Who was living in the same

household with that person on—

(i) The date of filing an application for

benefits (for the month of an

application);

(ii) The date a request for

reinstatement of eligibility is filed (for

the month of such request); or

(iii) The first day of the month, for all

other months. An individual is

considered to be living with an eligible

spouse during temporary absences as

defined in § 416.1149 and while

receiving continued benefits under

section 1611(e)(1) (E) or (G) of the Act.

* * * * *

19. In § 416.1802, paragraph (b) is

revised to read as follows:

§ 416.1802 Effects of marriage on

eligibility and amount of benefits.

* * * * *

(b) If you have an eligible spouse—

(1) Counting income. If you apply for

or receive SSI benefits and have an

eligible spouse as defined in

§ 416.1801(c), we will count your

combined income and calculated the

benefit amount for you as a couple.

Section 416.412 gives a detailed

statement of the amount of benefits and

subpart K of this part explains how we

count income for an eligible couple.

(2) Counting resources. If you have an

eligible spouse as defined in

§ 416.1801(c), we will count the value of

your combined resources (money and

property), minus certain exclusions, and

use the couple’s resource limit when we

determine your eligibility. Section

416.1205(b) gives a detailed statement of

the resource limit for an eligible couple.

* * * * *

20. Section 416.1806 is revised to read

as follows:

§ 416.1806 Whether you are married and

who is your spouse.

(a) We will consider someone to be

your spouse (and therefore consider you

to be married) for SSI purposes if—

(1) You are legally married under the

laws of the State where your and his or

her permanent home is (or was when

you lived together);

(2) We have decided that either of you

is entitled to husband’s or wife’s Social

Security insurance benefits as the

spouse of the other (this decision will

not affect your SSI benefits for any

month before it is made); or

(3) You and an unrelated person of

the opposite sex are living together in

the same household at or after the time

you apply for SSI benefits, and you both

lead people to believe that you are

husband and wife.

(b) if more than one person would

qualify as your husband or wife under

paragraph (a) of this section, we will

consider the person you are presently

living with to be your spouse for SSI

purposes.

§ 416.1811 [Removed]

21. Section 416.1811 is removed.

22. In § 416.1830, paragraph (a) is

revised to read as follows:

§ 416.1830 When we stop considering you

and your spouse an eligible couple.

* * * * *

(a) The calendar month after the

month you stopped living with your

eligible spouse, or

* * * * *

23. In § 416.1832, paragraphs (c) and

(d) are revised to read as follows:

§ 416.1832 When we consider your

marriage ended.

* * * * *

(c) We decide that either of you is not

a spouse of the other for purposes of

husband’s or wife’s social security

insurance benefits, if we considered you

married only because of

§ 416.1806(a)(2); or

(d) You and your spouse stop living

together, if we considered you married

only because of § 416.1806(a)(3).

[FR Doc. 95–7847 Filed 3–29–95; 8:45 am]

BILLING CODE 4190–29–M

Food and Drug Administration

21 CFR Part 450

[Docket No. 94N–0302]

Antibiotic Drugs; Bleomycin Sulfate;

Withdrawal of Regulation

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; withdrawal of

regulation.

SUMMARY: The Food and Drug

Administration (FDA) is withdrawing a

regulation that established standards for

an antibiotic drug, nonsterile bleomycin

sulfate bulk drug substance. This action

is taken to allow interested persons an

opportunity to comment on the

standards for nonsterile bleomycin

sulfate bulk drug substance. In a future

issue of the Federal Register, the agency

will issue a proposed rule setting forth

standards for bulk nonsterile bleomycin

sulfate.

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Tamar S. Nordenberg, Center for Drug

Evaluation and Research (HFD–366),

Food and Drug Administration, 7500

Standish Pl., Rockville, MD 20855, 301–

594–2041.

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 4, 1994 (59

FR 50484), FDA published a new

antibiotic regulation setting forth

standards for a nonsterile bleomycin

sulfate bulk drug substance (21 CFR

450.10). This was published as a final

rule to become effective on November 3,

1994. This new regulation differed from