408.218—Do you meet the SSI eligibility requirements?
For SVB purposes, you are eligible for SSI for a given month if all of the following are met:
(a)
You have been determined to be eligible for SSI (except as noted in paragraph (c) of this section); you do not have to actually receive a payment for that month;
(c)
Your SSI benefits are not subject to a penalty under § 416.1340 of this chapter. This includes months in which a penalty has been imposed, as well as months in which a penalty cannot be imposed because you are in SSI nonpay status for some other reason.