§ 416.1264 - Spouse ineligible under a State plan in December 1973.

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In the case of an individual who meets the conditions specified in § 416.1260 but whose spouse does not meet such conditions, whichever of the following is most advantageous for the individual (and spouse, if any) will be applied:

The resource limitation and exclusions for an individual as in effect under the approved State plan for October 1972, or

The resource limitation (as specified in § 416.1205) and exclusions (as specified in § 416.1210) for an individual and eligible spouse or an individual living with an ineligible spouse.