SSR 77-20: SECTION 1611(e)(1) (42 U.S.C. 1382(e)(1)) -- SUPPLEMENTAL SECURITY INCOME -- ELIGIBILITY -- INSTITUTIONALIZATION THROUGHOUT A MONTH

420 CFR 416.231

SSR 77-20

Where a claimant was an inpatient in a public institution from October 3 through November 21, held the claimant's benefits would not be reduced in accordance with Section 416.231 of Regulations No. 16 of the Social Security Administration since the claimant was not in the institution throughout a month.

The claimant, a supplemental security income recipient, became an inpatient of the County Hospital on October 3, 1974, and remained there until November 21, 1974. The County Hospital is a public institution within the meaning of Section 1611(e)(1) of the Social Security Act, as amended.

Section 416.231 of the Social Security Administration Regulations No. 16 provides that "no person shall be an eligible individual . . . for purposes of title XVI of the Act with respect to any month if throughout such month the person is an inmate of a public institution." (Emphasis Added). Section 416.231 further provides that a "public institution" is an institution that is the responsibility of a governmental unit, or over which a governmental unit exercises administrative control and that being in an institution "throughout a month" means a continuous stay involving 24 hours of every day, in a calendar month.

Since the claimant was not confined in the public institution throughout either October or November, she should receive her regular benefit for those months.

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