Section 416.1264 - Spouse ineligible under a State plan in December 1973In 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:
(a) The resource limitation and exclusions for an individual as in effect under the approved State plan for October 1972, or(b) 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.