[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR418]

[Page 1186]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 418_MEDICARE SUBSIDIES--Table of Contents
 
                   Subpart D_Medicare Part D Subsidies
 
Sec.  418.3310  Whose income do we count?

    (a) We count your income. If you are married and live with your 
spouse in the month you file for a subsidy, or when we redetermine your 
eligibility for a subsidy as described in Sec.  418.3125, we count your 
income and your spouse's income regardless of whether one or both of you 
apply or are eligible for the subsidy.
    (b) We will determine your eligibility based on your income alone if 
you are not married or if you are married but you are separated from 
your spouse (i.e., you or your spouse move out of the household and you 
are no longer living with your spouse) at the time you apply for a 
subsidy or when we redetermine your eligibility for a subsidy as 
described in Sec.  418.3125.
    (c) If your subsidy is based on your income and your spouse's income 
and we redetermine your subsidy as described in Sec.  418.3120(b)(1), we 
will stop counting the income of your spouse in the month following the 
month that we receive a report that your marriage ended due to death, 
divorce, or annulment; or a report that you and your spouse stopped 
living together.
    (d) If your subsidy is based on your income and your spouse's 
income, we will continue counting the income of both you and your spouse 
if one of you is temporarily away from home as described in Sec.  
404.347 of this chapter.